Announcement

Collapse
No announcement yet.

I-751 Denial

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • I-751 Denial

    Good Afternoon to everybody. I am an immigration paralegal who in addition to fill out forms is very interested in learning about any and all areas of immigration.

    The thing is, that a client who timely filed for his I-751, received a letter of termination of residency erroneously thinking that he did not filed in time (which he did).

    The questions arises: What can we do? should he reapply sending evidence of previously I-751 timely submitted? should he go in front of an IJ? should he appeal?
    Any suggestions

    Thanks in advance,

    Nayi11

  • #2
    Good Afternoon to everybody. I am an immigration paralegal who in addition to fill out forms is very interested in learning about any and all areas of immigration.

    The thing is, that a client who timely filed for his I-751, received a letter of termination of residency erroneously thinking that he did not filed in time (which he did).

    The questions arises: What can we do? should he reapply sending evidence of previously I-751 timely submitted? should he go in front of an IJ? should he appeal?
    Any suggestions

    Thanks in advance,

    Nayi11

    Comment


    • #3
      is that i-1751 bases on marriage to a u.s citizen or an i-751 waiver or what? did they order him to leave the country ?usually they give you the answer in the denial letter, either to file a motion to reopen with the evidence that the i-751 was filed on time or that uscis made an error etc... or he can go ahead and file a new i-751 and he can get the 1 year extention which makes him legal again.

      Comment


      • #4
        he cann't just go to the court to see the immigration judge unless if they placed him in removal proceeding and i dont really think they would . most of the times they will just say either to file a motion to reopen or a new i-751

        Comment


        • #5
          and if they do ( no big deal) all he have to do is to show the judge that he filed it on time( post office stamps etc...) and game over ,no big deal not to worry but the only bad thing about this is the delays . good luck

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Nayi:
            Good Afternoon to everybody. I am an immigration paralegal who in addition to fill out forms is very interested in learning about any and all areas of immigration.

            The thing is, that a client who timely filed for his I-751, received a letter of termination of residency erroneously thinking that he did not filed in time (which he did).

            The questions arises: What can we do? should he reapply sending evidence of previously I-751 timely submitted? should he go in front of an IJ? should he appeal?
            Any suggestions

            Thanks in advance,

            Nayi11 </div></BLOCKQUOTE>

            Hello Nayi

            Welcome to ILW

            You say this is your client?
            Did you complete the 751 form to be submitted?
            Is it Child/spouse that is removing conditions?

            If it was spouse, was it a joint petition or a 751 waiver?

            When was the petition submitted, and when was the denial letter dated?

            Did the client receive a receipt notice from uscis after it was submitted. (copy of cancelled check}

            First you will answer the above and most important, please state the reason listed on the denial letter.

            Comment


            • #7
              What kind of payment form did he use to pay for the application? a personal check or money order?
              he needs to verify if that was chased and the date that will give him proof of the time filed.

              Did he file to the correct address? Does he have copy of the documents sent? Any receipts related to the case?

              Is the termination letter base on filing late or not filing at all? If it was late he needs to explain why it took him extra time to send the application.

              All immigration cases can be appealed but he has to act fast.

              www.i751.wordpress.com
              www.i751form.com

              Comment


              • #8
                Thank you all for your promt response!!!
                THE CLIENT HAS OF COURSE, EVIDENCE OF TIMELY FILED JOINT I-751, HE HAS RECEIPT NOTICE AND ALSO FINGERPRINT NOTICE, BOTH ESTABLISHING FILING WITHIN THE NINETY DAY PERIOD PRECEDING EXPIRATION.
                so, I guess the safer way will be refiling late with good cause? attaching receipt notices

                Comment


                • #9
                  the letter terminating his residency was due to the fact that "to date, we have not received your I-751 application"

                  Comment


                  • #10
                    Hello nayi

                    Have client make appointment with senator/Congressman office on this one.

                    Uscis has clearly misplaced/lost this file since they did receive receipt notice. Your client should have clear copies of what was submitted to Uscis originally. Take the petitions with ORIGINAL SIGNATURE and all evidences previously submitted to Congressman office.

                    enclose a letter explaining that the joint 751 was filed timely and received by uscis. request uscis to give temporary stamp in passport past the extension letter that has expired. (do congress office first to make arrangement for the stamp ) Include in the letter that if possible , to have resubmitted file placed in the que where it would have been had they not lost the file. The usc spouse should be making these requests.

                    did your client find the cancelled check?

                    Comment


                    • #11
                      how about starting with making an Infopass appointment and trying to clear things up in the local office? Of course, he should bring all supporting evidence.

                      We can't say for sure when that denial will trigger a removal, but it may happen before USCIS takes a look at the new petition and explenation letter, making things more complicated.

                      Looks like a "simple" mistake. Maybe the name (or A# number) was misspelled while entering data into a computer, so it wasn't matched.(he should check the NOA)

                      I also don't think it is a matter for a senator/congressman yet. See how it goes with Infopass first.

                      Comment


                      • #12
                        If you have the receipts and proof of timely filing is clear his removal is based on an error; you need to take this to an Immigration Officer with the info-pass and have then research where the error was originated.

                        And request on the infopass and extension stamp validating his stay.

                        Comment


                        • #13
                          Hello Nayi plz help me,
                          my case is petition to remove conditions on green card .... i--751
                          I have already filed I-751 under removal from country results in extreme hardship and now I got divorce decree , I want to change cateogory in I-751 form [marrige entered into good faith but terminated by divorce] ,so please guide me that now I have to refile new I-751 for cateogory change into------marriage entered into good faith terminated by divorce or just only amendment letter to uscis.
                          I have already filed my case under hardship bcoz at that time i did't know how long is divorce process.So now I got divorce decree after 4 months of filing my I-751 under hardship,but now I want my case should also be considerd under marriage entered into good faith because my marrige was bonafide and I have all proofs, So for that one I need to refile or only amenedment or supplemental letter or what I have to do........I want to know uscis can consider your more than one category or not.....plz plz guide me , ultimately what I have to do......
                          plz explain me that we can make changes to I-751 or not.

                          my marrige was bonafide so what are chances of getting green card now hardship to bonafide marrige.

                          thank you.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Nayi:
                            Good Afternoon to everybody. I am an immigration paralegal who in addition to fill out forms is very interested in learning about any and all areas of immigration.

                            The thing is, that a client who timely filed for his I-751, received a letter of termination of residency erroneously thinking that he did not filed in time (which he did).

                            The questions arises: What can we do? should he reapply sending evidence of previously I-751 timely submitted? should he go in front of an IJ? should he appeal?
                            Any suggestions

                            Thanks in advance,

                            Nayi11 </div></BLOCKQUOTE>


                            Here is the correct answer. You are not a lawyer and you are NOT allowed to give legal advice. Period. End of story.

                            Comment


                            • #15
                              Nayi's post was from May 2008. I highly doubt he is still seeking advice on this matter.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X