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I 751 waiver RFE

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Old Nov 30th 2009, 10:50 am
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Default Re: I 751 waiver interview

Originally Posted by samisam
My interview appointment date for I751waiver is tomorrow. My attorney is not able to come with me. Last week my attorney sent a letter to UCIS asking to reschedule my interview date.

I have not received a reply from my attorney or from UCIS to confirm if my interview date is rescheduled.

I can't get hold of my attorney because she is out of the country.I don't want to loose my status for not being there.

Please advise! Shall i go on my own? Or is it safe for me not going because my lawyer already sent a letter to USCIS asking to reschedule my appointment.

Your advice is much appreciated. Thank you
I would go for sure, IF and I say IF your attorney has rescheduled the appointment then at least you showed up, IF he/she did not, and you don't show then they can close your file, or even put you into removal procedures.


I was a no show because I moved state, informed them by letter which they received 3 weeks in advance of the interview in their mail room, but it was never passed to the AO....my case was closed and a motion to open was filed and approved.
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Old Nov 30th 2009, 2:22 pm
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Default Re: I 751 waiver RFE

Dear Samisam
As Rene and Poppy are saying , you need to show up there tomorrow.Sorry that your attorney can't make it but maybe you can tell the IO that you wish to reschedule your interview. I am not a lawyer and this is only my opinion.

Ps: Question, and please someone correct me if i am wrong, can samisam tell the IO that he/she does not wish to go on with the interview tomorrow without his/her attorney and ask to reschedule? Does the IO has to reschedule or he/she can start the interview against samisam wishes for his/her attorney. Thank you. Best wishes Milan.

Samisam take as much of evidence you can able to carry :-) My IO when he saw the big pile of my evidence, he said " Mr... I see you have a lot in your lap So I won't ask for anything anymore :-) I guess a good thing might be if they see you have a lot to show they might not even bother to see a lot. But that was my experience . Yours might be totally different. Again good luck tomorrow and please let us know. Milan
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Old Nov 30th 2009, 3:08 pm
  #18  
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Default Re: I 751 waiver interview

Originally Posted by samisam
My interview appointment date for I751waiver is tomorrow. My attorney is not able to come with me. Last week my attorney sent a letter to UCIS asking to reschedule my interview date.

I have not received a reply from my attorney or from UCIS to confirm if my interview date is rescheduled.

I can't get hold of my attorney because she is out of the country.I don't want to loose my status for not being there.

Please advise! Shall i go on my own? Or is it safe for me not going because my lawyer already sent a letter to USCIS asking to reschedule my appointment.

Your advice is much appreciated. Thank you
I ditto exactly what Rene said.

Remember getting a lawyer doesn't cushion you from a denial, but its a prudent step.

If your case is not approved at the 751 interview, you may receive an RFE on the spot or after a few weeks.

If the case is denied, a Notice To Appear for a Master Hearing will be issued. You and your counselor have to attend this master hearing. Your counselor can then request the 751 to be adjudicated by the court.

Again, do not miss the interview. And your in status even at removal proceedings. So, do not fret.
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Old Dec 1st 2009, 9:18 am
  #19  
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Default Re: I 751 waiver interview

Originally Posted by lostlove
I ditto exactly what Rene said.

Remember getting a lawyer doesn't cushion you from a denial, but its a prudent step.

If your case is not approved at the 751 interview, you may receive an RFE on the spot or after a few weeks.

If the case is denied, a Notice To Appear for a Master Hearing will be issued. You and your counselor have to attend this master hearing. Your counselor can then request the 751 to be adjudicated by the court.

Again, do not miss the interview. And your in status even at removal proceedings. So, do not fret.
Very true lostlove. The presence of an attorney does not guarantee approval of the I-751 but form what my attorney always says "The AO, and IO's are much nicer to the person at the interview if an attorney is there. That is what my attorney says.

Last edited by adjudicator89; Dec 1st 2009 at 9:23 am.
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Old Dec 1st 2009, 9:43 am
  #20  
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Default Re: I 751 waiver interview

Originally Posted by milan79
Very true lostlove. The presence of an attorney does not guarantee approval of the I-751 but form what my attorney always says "The AO, and IO's are much nicer to the person at the interview if an attorney is there. That is what my attorney says.
True, one gets cushioned from an intimidating IO with the presence of a lawyer.

And a very interesting observation : My counselor was speed writing all kind of little notes all thru. the interview. Maybe something of use in the future.
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Old Dec 1st 2009, 9:49 am
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Default Re: I 751 waiver RFE

I was alone and the IO was wonderful his attitude and professionalism was superb he made me feel relaxed and very comfortable.

I think it really all depends on the IO and what kinda day they are having.


Anyways Where is she!!
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Old Dec 2nd 2009, 4:29 am
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Default Re: I 751 waiver interview

Originally Posted by lostlove
And a very interesting observation : My counselor was speed writing all kind of little notes all thru. the interview. Maybe something of use in the future.

Ditto here. My attorney too was speed writing whatever I was saying. I guess as LL mentioned for future use, incase the case before an immigration judge or if there is some conflict in information that IO claims.
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Old Dec 2nd 2009, 4:43 am
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Default Re: I 751 waiver RFE

Or on what their approach is to digging out the information they want - some use intimidation, some get buddy-buddy.

And yes, some are actually what they seem to be!

Regards, JEff


Originally Posted by Poppy girl
I think it really all depends on the IO and what kinda day they are having.
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Old Dec 2nd 2009, 5:56 am
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Default Re: I 751 waiver RFE

Originally Posted by jeffreyhy
Or on what their approach is to digging out the information they want - some use intimidation, some get buddy-buddy.

And yes, some are actually what they seem to be!

Regards, JEff
Yes exactly.

Deadly and intimidating like a scorpion, or, innocent and buddy buddy like a lamb. Both are techniques used to find out facts. They may or may not be naturally that way.

My IO was a mix of the both sweet and sour, like the Chinese sweet and sour soup. Sweet when he looked at my good faith evidence, and sour when he seen the caustic accusations my Ex had made.
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Old Dec 22nd 2009, 2:51 am
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Default Re: I 751 waiver RFE

I just love these posts where we give advice and they never come back to follow up... or did I miss a new thread!!
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Old Dec 22nd 2009, 4:03 am
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Default Re: I 751 waiver RFE

Originally Posted by Poppy girl
I just love these posts where we give advice and they never come back to follow up... or did I miss a new thread!!
I guess Sleepy Sam has no updates for us. The last few thread were foolish, filled with personal bicker, and off topic. You have not missed anything.

BTW I like your new picture. Keep our pictures side by side and you'll see a splash of brown caramel on soft sweet ball of crushed ice.
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Old Dec 22nd 2009, 4:09 am
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Default Re: I 751 waiver RFE

Yeah I agree! Poppy u look gorgeous. Kinda like Lady Gaga Maybe samisam got denied or just doesn't want to post an update.
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Old Dec 22nd 2009, 4:34 am
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Default Re: I 751 waiver RFE

Thanks Boys if you go into the other forums you will see that most of us have our photos as avi's this festive time of year
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Old Jan 16th 2010, 6:14 am
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Default Re: I 751 waiver RFE

Hi,

Sorry guys I did not up date you last time. I’m not feeling well these days. Thank you for the advice.

I had my I-751 waiver interview few days ago. I have filed that I entered my marriage in good faith but I was subjected to extreme cruelty/abuse. The IO told me since I don’t have enough evidence about the extreme cruelty/abuse its better for me to change the filing status to good faith marriage but was terminated in divorce. My attorney agreed and told me to change it.

My interview lasted for about 1 hour. I answered all questions honestly and I think the IO was very familiar with my case. At the end IO told me that she has to review my file again and later I’ll receive a decision by mail.

I am wondering, why I was not asked to give pictures and my conditional resident card. Even was not asked to have my finger prints.

Last edited by samisam; Jan 16th 2010 at 7:23 am.
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Old Jan 16th 2010, 7:25 am
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Default Re: I 751 waiver RFE

Sorry guys I did not up date you last time. I’m not feeling well these days. Thank you for the advice.
thanks for the update.

I had my I-751 waiver interview few days ago. I have filed that I entered my marriage in good faith but I was subjected to extreme cruelty/abuse. The IO told me since I don’t have enough evidence about the extreme cruelty/abuse its better for me to change the filing status to good faith marriage but was terminated in divorce. My attorney agreed and told me to change it.
The new memo makes it possible to append applications as needed. An application like yours in the past would have been denied absent strong proof of abuse.

My interview lasted for about 1 hour. I answered all questions honestly and I think the IO was very familiar with my case. At the end IO told me that she has to review my file again and later I’ll receive a decision by mail.
What u experienced above is usual for waivers. Long interviews, reviews with no instant decisions. IO becomes familiar with ur file before the interview.

I am wondering, why I was not asked to give pictures and my expired green card. Even was not asked to have my finger prints. Does this mean I am not approved?
The biometrics capture your pictures. When was ur last biometrics?
Approvals are not default after fingerprinting. Approved or not, you will have to wait and watch.

BTW kindly post your time line. Is your waiver pending for long?
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