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I filed an I-751 (petition to remove conditions on residence) and received the I-797 notice dated 4/2/2007. The letter gave me 1 year extension on my green card. It also stated that I will be receiving a biometric appointment notice but I never received it in the mail. Now I just received a denied letter in the mail dated 10/3/2007 for failure to appear for my biometrics. The letter stated that my permanent residence status previously accorded to me is hereby terminated as of the date on the letter. All rights and privileges which I derived from that status, including the right to reside and work in the USA are terminated concurrently. I filed a motion to reopen on Form I-290B on the basis that I never received my notice to appear for my biometrics. The questions I have is can I still work since I filed the motion to reopen the case? What is the likely chance they will give me a second chance to have my biometrics? If they denied me on the motion what are my next options? Will they start the deportation process on me? Do I re-file the I-485 and start the entire process all over again? My husband is a US citizen and we are still married.
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I filed an I-751 (petition to remove conditions on residence) and received the I-797 notice dated 4/2/2007. The letter gave me 1 year extension on my green card. It also stated that I will be receiving a biometric appointment notice but I never received it in the mail. Now I just received a denied letter in the mail dated 10/3/2007 for failure to appear for my biometrics. The letter stated that my permanent residence status previously accorded to me is hereby terminated as of the date on the letter. All rights and privileges which I derived from that status, including the right to reside and work in the USA are terminated concurrently. I filed a motion to reopen on Form I-290B on the basis that I never received my notice to appear for my biometrics. The questions I have is can I still work since I filed the motion to reopen the case? What is the likely chance they will give me a second chance to have my biometrics? If they denied me on the motion what are my next options? Will they start the deportation process on me? Do I re-file the I-485 and start the entire process all over again? My husband is a US citizen and we are still married. -
If you still have 797 notice with expired green card. no one will know that your status has been temporay terminated. Did you change your social sec card to regular one after you got your green card? if you did, then for employment all you need is your soc sec card and a drivers license.
if you did not change your soc. sec card, then you will need to show expired green card along with the 797 showing the extension.
Had you changed your address that you did not receive the notification? There must be valid reason for not receiving .
No they should approve and you should be fine.. too bad it costs you more money.
yes, if you are denied and appeal denied blah blah.. then yes you would start whole process, but you would get a 10yrs card because you will have been married more than 2 years at that point.Comment
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Thanks for the reply. I been married since 10/1/2004, 3 years now. My green card expired on 6/2007 and when my husband and I went to the local ASC to see if we can redo the biometrics, they said the case is denied and we must do what the letter stated, file for a motion to reopen on I-290B. They also took my expired green card and gave me a copy of it. I did not change our address. I just never receive the biometrics notice. I was stupid to wait 6 months and now we got the denied case. The statement I put on the I-290B is that I stated I never receive the notice for my biometrics. I hope they will reopen my case just on that. $585 to file the I-290B.
How can I get my 10 year green card now when my case is denied? What do I need to file in order to get that? Should I just wait for the response from the motion before I do anything?Comment
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no....
just wait for response fromthe motion to reopen.
all I was trying to point out was... if the motion would be denied ... all is not lost because you would just start the process over again... but the second time around you would get a 10yrs card and not a conditional one.Comment
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Does anyone know how long it would take for a response from the USCIS (Vermont Center) for the I-290B (Motion to reopen a decision) when I send it out last Thursday (10/11/2007)?
I talked to a lawyer over the phone and he suggested I come by and call the hotline together because they will tell him more information because he is a lawyer. Any truth to that or the lawyer just want to **** up my money. The call over the phone to the lawyer was free.Comment
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lol
the hotline will give him more misinformation because he is a lawyer. thats 2 funny.
just so you know. more than 1/2 of these people are contractors and give wrong information. they are not uscis employees. so the fact that this lawyer is relying on the hotline is scary in itself. and it doesnt sound like he has much experience in appeals process if he cant give you a ballpark on the min and the max based on your service center district backlog.
you can always try making a infopass to ask how long the motion to reopen generally takes to answer.
Be patient :-)Comment
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i-290b takes 2 to 5 months,,sometimes less,,the eoir appeals are the problims,,bcoz urs will be processed at the local office ,,and thats how long it usually takes,,but the BIA appeals takes 8 to 34 months to get an answer.relax man,,at least ur in the countryComment
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Thank you for your good commments and guidances.Comment
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I just received the "Receipt Notice" for the I-290B (Motion to reopen) but the receipt title is "Notice of appeal to the commissioner". Does anyone know if this is correct for what I filed? Did they mixed the motion with an appeal instead?Comment
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slam76,
i got my biometrics done in feb 07 (for I-751), they sent letter in mid july for denial,(but unlike ur case, i had got my biometrics done, and they screwed up the images i guess) i filed MTR in july, since there were many applicants for 485 they sent me reciept after 2 months in sept (24) its been 3 months i filed and more than a month of MTR still waiting, i saw people filing in sept end and getting approved for MTR but were H1s so i guess they are a priority.
yes the notice shows "Appeal" instead of "Motion" i had called uscis and they said its fine. i guess I290B was just was appeals before and now they have it for both appeal and motion, so u r fine with that. u are lucky u got reciept in less than 3 weeks. from my research, it takes 30-90 days from date of reciept, so u can expect it from now till end of jan. please let me know if u recieve any correspondence from them, my email is nike543@gmail.com will do so if i hear anything from them.
thanksComment
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nike543,
Thanks for the reply. I hope to soon hear from the Vermont Center and get my chance to take the biometric since I never got the notice the first time. And why do I have to retake the biometric again anyways? They already got that information on my conditional green card. I hope the $585 to file for the I-290B is worth it or else I would have to start all over again.
MTR = ?Comment
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phew...i checked today for my case status, the status is "card production ordered" so should have my card in about 10 days. MTR is 'motion to reopen' slam76 it took about 45 days from the reciept date to process I290B motion. u should get some response from them soon. good luck...Comment
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<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by 4now:
no....
just wait for response fromthe motion to reopen.
all I was trying to point out was... if the motion would be denied ... all is not lost because you would just start the process over again... but the second time around you would get a 10yrs card and not a conditional one. </div></BLOCKQUOTE>
Hello 4now,
When you wrote all is not lost becuase you would just start the process over again... can you please clarify what you meant by "starting the process over again" a new i130/i485, or a brand new i-751? or a MTR/i-290B?
I thought these days when i751 is denied even due to procedural issues like missing biometrics, USCIS automatically issue an NTA?
thanks for your help,
zzz123i-751Comment
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yes zzz
it would be a bizare situation that he would be denied to be able to complete fingerprinting. I was just saying if for some crazy reason it happened he had options.\
Yes termination of status and and eventually NTA would be issured. that NTA could take up to 3 years or more to generate with their backlog. In the meantime. he could start entire process over and pay the fees and be approved . There would not be any pending applications becasue the 751 would have been terminated. This is" over the top" of course, but technically correct.Comment
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