I-715 Denied
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Your lawyer shouild be able to confirm all those questions with you, but your I-751 is not late! You did file on time, and you do have evidence of that filing.
Suggest that when you go see the lawyer, take all of your immigration file with you. Hopefully you have a photocopy of your original I-751 submission so you can recreate it if necessary.
There've been several people posting here with the same problem you've got--it IS solvable! Search on PoppyGirl in this forum for her recent I-751 fiasco; I think she had the same notice you got (except hers was lost in a transfer and was otherwise different from yours).. the point is, a visit to the District Office will help you solve a lot of things.
Buck up! It's an adventure!
Suggest that when you go see the lawyer, take all of your immigration file with you. Hopefully you have a photocopy of your original I-751 submission so you can recreate it if necessary.
There've been several people posting here with the same problem you've got--it IS solvable! Search on PoppyGirl in this forum for her recent I-751 fiasco; I think she had the same notice you got (except hers was lost in a transfer and was otherwise different from yours).. the point is, a visit to the District Office will help you solve a lot of things.
Buck up! It's an adventure!
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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
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
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I am curious, what happened eventually. What did your lawyer say? I am just amazed that USCIS makes these clerical errors and poor petitioner (who is paying them btw) has to suffer.
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I dont know what to do now
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Well, hard to tell. I went to see two different lawyers, one says I am going to have to go to court because the USCIS gets their denied applications out really fast now, so there wont be time to refile and I-751 until it's out of their hands. The other one said I had to file an I-290B motion to reopen.
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Or like the other poster said, maybe file both.
There's often more than one valid way to do things, it's a judgement call. I'd go with whichever lawyer impressed you more, as caring and competant.
They both are (hopefully) members of AILA, correct?
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From Mr F's post I get the impression that there isn't really a point in doing both, and that re-filing the I-751 is the way to go.
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Just to clarify, it is great to have an immigration attorney who is a paid in full member of the AILA. However, one should note that not all immigration attorneys wish to pay to be part of an organization such as the AILA. In the area of law that my attorney specializes in, the organization is the CFA, Commercial Finance Attorneys.
I just wanted posters to know that not being a member of the AILA does not mean that your immigration is not qualified to work for you or that he/she does not know and keep abreast of the changing laws and regulations of the USCIS.
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Just to clarify, it is great to have an immigration attorney who is a paid in full member of the AILA. However, one should note that not all immigration attorneys wish to pay to be part of an organization such as the AILA. In the area of law that my attorney specializes in, the organization is the CFA, Commercial Finance Attorneys.
I just wanted posters to know that not being a member of the AILA does not mean that your immigration is not qualified to work for you or that he/she does not know and keep abreast of the changing laws and regulations of the USCIS.
Rete
I just wanted posters to know that not being a member of the AILA does not mean that your immigration is not qualified to work for you or that he/she does not know and keep abreast of the changing laws and regulations of the USCIS.
Rete
I happen to concur with what Rete says. What I WILL say about membership in AILA is that it shows that the lawyer has more than a passing interest in the area of Immigration Law. AILA dues are on the high side for professional organizations. and most lawyers [or at least their significant others] really don't like to add expenses to the overhead unless they have to.
[BTW, there are immigration partnerships where ONE lawyer will be an AILA member simply to save on expenses. However, in my experience, it is more common for a firm to have more than one AILA membership.].
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A little update:
I went to see a third lawyer, she told me that she wanted to make an InfoPass appointment because she found it strange that my denial letter reffered to a different WAC number than my NOA.
The california service center also cashed my check for my refiled I-751.
I went to see a third lawyer, she told me that she wanted to make an InfoPass appointment because she found it strange that my denial letter reffered to a different WAC number than my NOA.
The california service center also cashed my check for my refiled I-751.
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Update:
I hired a lawyer to go to a InfoPass appointment for me. After she went she said that they had told her that normally they wouldn't accept a refile of the I751 anymore, but they had apparently made an exception in our case. So today I received the NOA telling me to appear for biometrics on 3/8. So it seems like everything is sorted now.
Thanks for all your help and support guys, I really appreciate it.
sveipe
I hired a lawyer to go to a InfoPass appointment for me. After she went she said that they had told her that normally they wouldn't accept a refile of the I751 anymore, but they had apparently made an exception in our case. So today I received the NOA telling me to appear for biometrics on 3/8. So it seems like everything is sorted now.
Thanks for all your help and support guys, I really appreciate it.
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Wow , I am happy for you that you were able to re-file. I am waiting as well I filed I-751 waiver its been 4 months since my biometrics, I went to USCIS in Jacksonville to get my stamp last week officer was very polite and told me everything is pending so I hope I haven't recieved RFe as well and maybe it got lost. I am glad you were able to re-file. Keep us posted. Did you recieved new extention letter?
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On May 14, 2008, we ordered production of your new card.
Yay!!!
Yay!!!
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