sveipe

I got a notice of decision on my I-751today, and it was denied due to abandonment.


It states that they sent me a letter requesting further evidence on Aug. 10 2007. I never received this letter. I have not moved since filing the I-751 and I am still married and living happily with my wife.

I had my biometrics appointment early august and after that I have constantly checked my status online, and it have never stated anything else but pending (in fact it is still in pending status).

There is a reference number on top, and it says "Refer to File No xxxxxx" however this number is not the same as the file number I got when my application was accepted. This is also the file number I have been monitoring online, as I didn't know of any other number. If I run this number through the online search tool it comes up as unknown.

The letter also states that the decision can not be appealed. Does this mean that this is final and that I will have to leave the country. I am also currently employed and I guess this means I have to quit my job as well since I guess i don't have a work permit anymore either.

Anybody got any experience with similar situations?

Sally Simpson

Really sorry to read of your bad news.
I would suggest that you try contacting a migration agent asap for some expert advice as it sounds like you will need it.
Good luck!

sveipe

Thanks, but what is a migration agent? I want to immigrate not migrate, even though it looks like the INS wants me to migrate.

Thanks for making me smile though

Sally Simpson

Sorry, poor use of the English language!
Do you have immigration agents posting on the US forum? I usually frequent the Oz forums but your thread caught my eye!
Best of luck to you & hope you get some helpful advice soon!

Tracym

I'm not sure what Sallyclaire means, but perhaps (and what I would suggest) is an immigration attorney. That's what you probably need now, to clean up the mess.

Folinskyinla, an immigration attorney who posts on this forum often refers to what he does as "janitorial work" (cleaning up messes) - you need one of those attorneys perhaps.

www.ailalawyer.com is an association of American immigration attorneys. You may need someone like Folinsky with specialised knowledge in abandonment.

Good luck. I do hope this can be straightened out - I would think it could, but you'll need an attorney to help you do it.

Do NOT leave the country under any circumstances before getting that attorney. And I wouldn't quit my job just yet, if I were you - talk to that attorney first.

Folinskyinla

Hi:

It is a common error for people to ignore notices they don't receive. Several ways to approach it. First of all -- WHO sent you the denial notice? If it was from the local district -- make an InfoPass appointment, beg or cry and ask for them to reopen on their "OWN motion".

If they say you have to PAY for a motion to reopen fee, I believe it is cheaper to simply file a new I-751.

Third -- if you are lucky, you will be placed in removal proceedings before the Immigration Court and you can "renew" the I-751 before the Immigration Judge without additional fee. Unfortunately, for the longest time, CIS never got around to issuing the Notices to Appear -- in this day and age they are more likely to do that.

sveipe

I got the notice form the California Service Center in Laguna Niguel. So i guess that means the California Service Center.

Could I file anotiher I715 even though this was denied?

I am currently in a state of shock, I think. You would think that if you didnt respond to a request at least they would send you a reminder. It's ironic to think about the fact that me and my wife might have to be separated because of a missplaced letter requiering us to prove that we are not separated or whatever. Dont they know that they are dealing with peoples lives here? My wife has pretty much been crying constantly for 12 hours now since we got this letter.

I am not planning to leave the country, but I cant stay here forever without a work permit. We came here so my wife could finish her phd, but there is no way we can continue staying here if I am not able to work.

Tracym

I understand how upset you and your wife are.

But from what I get from Folinsky's post, it sounds like it will very probably turn out ok.

Nothing he said indicated you were out of luck - sounded as if the worst would be having to pay another fee.

Upsetting though it is - I really do think it most likely will be fine (if perhaps a bit expensive).

sveipe

Thanks,

The expense is not a big issue for me, it would be much more expensive to haul myself out of this coutry. I didnt really understand however how to go about this. Do I schedule an infopass appointment with the Calinfornia Service Center office? And if I do so, would I still be able to work, as I understand it, I do not have a work permit anymore?

Thanks

Tracym

I'm sorry, I don't know how to go about this. I'm sure someone else will come along who knows more than I about the mechanics of it.

I believe working without *technically* having a work permit is often forgiven for those married to a USC.

I think this is just a goof-up - you are not who they really want to deport.

ian-mstm

Yes, of course you can.


They will never send a reminder... the assumption is that you deliberately did not respond.


You say this as though you think it matters to them!


You seem to be unaware of one tiny piece of information... you *are* a permanent resident *until* an immigration judge (IJ) say you are not. Receiving a letter that the I-751 was denied is *not* the same as having an IJ say it.

Keep working... don't quit your job; don't leave the US; and remember that you *are* a PR until an IJ says you aren't.

Ian

Bluegrass Lass

You can't make an appt with a Service Center. You can only make an appt with your local district office. I'd get on uscis.gov and make that appt for as soon as you can. Also, as Tracy suggested, consider a consultation with an immigration attorney. Often they do free consultations. A lawyer can lay out your options, and probably give a better explanation than some of us on a message board can.

Unfortunately, as Ian said, they don't give a rat's ass what this does to your family life. It's your fault for not receiving the notice (didn't you know that?). But the situation is fixable, do not despair.

Pick yourself up off the floor, tell your wife to stop crying, consider a lawyer, make an Infopass appt, start doing some research and don't quit your job. I'm sure you are not the only to have this happen. Google is your friend, use it!!

Bob

The US is different. There's no such thing as a migration agent, and those that say they are are scams. It's an immigration lawyer you need when the shit hits the fan. No points based system and all that.

sveipe

I should probably see a travel agent instead

sveipe

Ok, I am off the floor, wife wiped her face.

I just talked to a lawyer, and I am gonna go see him Monday morning.

Basically he told me what Folinsky said. Refile the I-751 immediately, as well as a motion to reopen. So I am filling those out and bringing them to the lawyer Monday.

I guess Ill get my answer Monday morning, but I am curious so Ill ask here as well: Since the refiled I-751 obviously would be late, do I need some supporting documentation or attach some kind of statement about why it is late?

And also what do I put as the expiration date of my conditional residency, I assume the date that is on my card and not the date on may card + the one year extension I was granted after filing my original I-751?

Thanks again,

Staale