Patience86's I-751 Question

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Old Jun 3rd 2010, 7:14 am
  #16  
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Default Re: Patience86's I-751 Question

Originally Posted by ian-mstm
Get your attorney on this immediately! USCIS does NOT have the authority to terminate your status *IF* you filed a timely (and good faith) I-751. Only an immigration judge (IJ) can terminate your status.

Once this is over, you might want to consider suing your ex for libel and defamation of character.

Ian
Hi Ian:

The letter that my ex sent was dated 2 weeks before the joint petition was approved. I guess what USCIS was saying is that they should have denied the petition b/c my ex withdrew support and thats why they said my conditional residency is terminated. They put me in removal proceedings and the judge gave me a year extension. Does the fact that I filed the 751 waiver mean that I still have my PR status???

The RFE letter says that it takes between 2 weeks to 2 months to hear a decision once response is submitted. Are these timelines reliable? Do they usually give out interviews after RFE is submitted??? tnx.
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Old Jun 3rd 2010, 12:26 pm
  #17  
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Default Re: Patience86's I-751 Question

Originally Posted by patience86
The letter that my ex sent was dated 2 weeks before the joint petition was approved.
The requirement is the timely filing of the I-751.


They put me in removal proceedings and the judge gave me a year extension. Does the fact that I filed the 751 waiver mean that I still have my PR status???
If an immigration judge extended your status for a year, then you are still a PR. You can continue to live/work/drive/go to school in the US. If that year expires and if your waiver has not yet been adjudicated, you'll need to make an InfoPass appointment and get a new stamp in your passport as proof of your continued status. Have your attorney keep on top of this... you don't want to miss important deadlines!


Are these timelines reliable?
Sadly, no timelines are reliable, and the I-751 remains a low priority application.


Do they usually give out interviews after RFE is submitted?
Generally speaking, if you file an I-751 waiver, you will be interviewed. If you do get a notice for an interview, make sure your attorney is with you with all the documentation to support your position.

Ian
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Old Jun 3rd 2010, 4:16 pm
  #18  
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Default Re: Patience86's I-751 Question

The RFE letter says that it takes between 2 weeks to 2 months to hear a decision once response is submitted. Are these timelines reliable? Do they usually give out interviews after RFE is submitted??? tnx.
RFE's have standard wording. Honestly, it could take more than 2 months. You have to be optimistic and patient. Your case is transfered to the ICE since your in removal hearings, and here could be a possible investigation. These investigations could be long and require patience.

And unfortunately patience is a slippery floor, very difficult to dance on. I have been dancing since the last few years.

You may or may not have an interview; also DO NOT TRAVEL ABROAD.

Last edited by lostlove; Jun 3rd 2010 at 4:21 pm.
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Old Jun 4th 2010, 5:22 am
  #19  
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Default Re: Patience86's I-751 Question

Thank you Ian and Lostlove for your advice. I will keep you guys posted if I get an interview date or if a miracle happens in the meantime
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