bradg

Hi there,

I came to the USA on 24Dec 2004, myself and my wife (She is a US citizen and (we are still married) got married on 25th February 2005, we had our first child on 10 Feb 2005 (She got pregnant whilst visiting me in the UK and we decided we wanted to raise him here).

I went through the standard process and was issued a Permanent Resident card on 28th July 2005, this card expired on 28th July 2007.

I filed my I-751 on 26th July 2007 (sent next day delivery for 27th July 2007, there are even remarks in red ink in the USCIS use only section dated 27 july 05, so i know they recieved it in time) to have the conditions removed, only to have it returned to me on the 7th September 2007 stating that i had completed the incorrect version of the I-751 and that needed to resubmit with the form dated 05 feb 07.

I then printed off that form and it stated that the USCIS Fees change on July 30th 2007. (My original file was sent the 26th July overnight??? So surely the old fees should have applied?)

Still that aside, due to one thing or another since then i have not filed the I-751 with the increased fee as things have been so tight i have found myself living month to month, as my wife is not working and has not (with the exception of a week here and a week there) as she suffers from Manic Depression and Severe Bi-polar disorder. (it is really bad).

This morning i received a letter from the Dept of homeland security called "termination of Conditional resident status", stating that they have removed my status, including the right to reside and work in the USA as "As of this date, no such petition has been filed" (In addition another letter also arrived from the USCIS today listed as my address, but to someone i have never heard of before, what is this all about??)

No dates for any hearings are stated, other than the fact that i have the option to to request a review.

To pre-empt anything i spoke with an attorney earlier today and will be faxing the letter to her tomorrow for advice, but i want to see what all of my options are, if any one can advise.....

My wife has family here (mother and brother and estranged father) but they are in no shape financially to be able to support her and our 4yr old son. with her not working i am the only income coming into the house to support her and also pay medical bills for her depression and bi polar issues.

Since this has come to the hilt i would be able to file with the new increased amount a week on Friday (i can possibly defer my rent payment to cover this), but i am afraid that will be too late....

What are my options?

thanks in advance everyone.

big4uk

ian-mstm

This is a two-edged sword. On the one hand, your status seems to have ended on July 28/07... but on the other hand, only an immigration judge (as far as I know) can actually terminate your status. While DHS can make your life miserable, I don't believe they have the sweeping authority to strip you of your status. Still, for whatever reason (the US government doesn't really care why), you didn't properly file to remove the conditions on your status.


I'm not sure any of us can help you. You've already done the right thing by contacting your attorney so I hope she can help you.


Your son is likely a US citizen, and so doesn't need support - well, not in an immigration sense anyway.


Refiling is always an option, despite the time.


Don't quit your job. Also, do *not* leave the US under any circumstances whatsoever. Despite the situation, you are still married to a US citizen and both overstays and unauthorized work are usually forgiven for the spouse of a USC.

On a personal note, I understand what you're going through with your wife's bipolar disorder. Been there... done that... didn't work out too well for me. Sorry.

Ian

jeffreyhy

My understanding is that conditional PR status ends after 2 years unless the person has applied to remove conditions during the 90-day window prior to the end date. Since the OP failed to make an acceptable filing prior to the termination date of his status his status has ended by action of law, not by action of the CIS.

CIS does have the authority to accept applications submitted late for good cause, but apparently their patience has run out and CIS has decided that there is no longer any good excuse for not applying in this case.

This decision may be subject to review by an immigration judge, who might decide to reinstate PR status, but in the meantime the OP has lost his status according to the law. Again, my understanding which may be wrong.

It will be interesting to hear what the OP learns from the attorney he's consulted.

Regards, JEff

bradg

Hey all

Thanks for the comments.

My attorney advised the following -

recommend filing a Motion to Reopen with CIS, asking them to reconsider their termination of your conditional permanent residence. This needs to be done within 30 days of the termination date, so by about September 3. Hopefully we can get this filed before CIS sets a date to appear in immigration court.

In addition, we should file an I-751 now.

So fingers crossed we can get it all sorted out.

thanks
big4uk

kwilson

Good luck with everything. Will you keep us posted on how things are going?

Folinskyinla

Hi:

And with a modicum of luck, you may just end up before the IJ and she can bawl out the government.

country_canuck

Unless the IJ is the one I appeared in front of, in which case I wish you well!

Sorry to hear about your wife and her ailment, been there done that as well and that is why I am in the pickle I am in now.

Best wishes.

bradg

Thanks to all and ill definitely keep you posted.

As it turns out my attorney did some more digging and advised me -

"The procedure is that after the I-751 is filed, you will get a receipt extending the permanent residence for one year.

In the meantime, it is possible that you will get a Notice to Appear (NTA) before an Immigration Judge (IJ). If you get this NTA, please let me know immediately. The NTA will probably not require you to appear in court for a few months. Once the date does arrive, the IJ should continue (postpone) the case while the I-751 is being adjudicated. Once the 751 is approved, the IJ should dismiss the case."

lostlove

very true ...I concur strongly. Make sure u have an exp. lawyer..someone pragmatic ,someone creative with bag full of strategy. And someone with AILIA ...and not a shyster! I like those zealous, creative types.

bradg

Hey all,

So the paperwork and I-751 was all submitted at the beginning of this week, my AT advised that as long as we submitted before the 3rd september we should be fine.

So now it is just a waiting game?

Anyone have any ideas on how long it is taking nowadays to process the I-751?

Thanks for all the advice.

Bradg

lostlove

What does your counsel say?
In my opinion, the USCIS considers the I 751 as last priority, therefore the process time line is usually aberrant.

Noorah101

Ours took only 5 months, but it can take over a year in some cases. I-751 is a low priority for USCIS.

In the meantime, though, you receive a 1-year extension letter. If the extension letter expires, you can go in person to USCIS and get an I-551 stamp.

Rene

kthx

When did you file yours by the way? I am looking at a site where people track timelines for various immigration forms and it seems like I-751 takes 2-5 months recently on average from all the responses there.

TracyTN

I believe they're still tracking around 5 months. We just filed hubby's about 2 weeks ago (NOA1 date 8/24).

I know they're 'low priority' but most folks still seem to get approved around 4-5 months. VSC is a bit slower though (just my luck!).

kthx

Yep, some people get it as fast as 50 days.

Yeah, according to uscis site, VSC is 6 months processing time That's where I am applying since I am in TX.

I just noticed there is TSC (Texas Service Center) and there is processing time for I751 there too. Who applies there?

On I-751 instructions it seems you either send to VSC or CSC.