I-751 denied, need help...

[speed888]

Hi

I filed my I751 to remove the condition of residence back in Oct 2008, I already did my biometrics appointment then I got a RFE letter(request for evidence) after a month. I mailed all the documents with that letter. I just got a mail last week- Notice of decision my I751 was denied since they never rcv the RFE!!!??. It also says that I need to surrender my green card... what should I do now?

any advise will be greatly appreciated

Thanks in advance

[AzBlk]

Mtr

[speed888]

Originally Posted by AzBlk

Mtr

Mtr??

[kvajir]

i am sorry that happened but did u have attorney with you? other thing is what is the reason behind your denial? post reason also to better understanding for your case
ok

[kvajir]

post ur receive date, bio date and RFE date too

[speed888]

No attorney, we filed all my application from the start by my self.

The reason of denial is- they did not receive the RFE they requested but I did sent them those documents last month before the deadline. for some reason they did not received it I guess and I don't have any proof since I sent it via mail at usps

[bestpal]

Do you have the originals and copies of your mailed documents in regards to the RFE? Do you have prove that you mailed them and USCIS have received them?

When mailing docuemnts to USCIS, always use a service that you can track such as FedEx, UPS or USPS certified and return receipt.

If you have all the prove, you can file a MTR

[speed888]

bio date appointment was 11/29/2008

The RFE notice was around early feb or end of January, I don't have the exact date since I mailed them the copy of the notice

[speed888]

Originally Posted by bestpal

Do you have the originals and copies of your mailed documents in regards to the RFE? Do you have prove that you mailed them and USCIS have received them?

When mailing docuemnts to USCIS, always use a service that you can track such as FedEx, UPS or USPS certified and return receipt.

If you have all the prove, you can file a MTR

Yes, i do have copies of the documents that I mailed them except for the RFE notice. I used regular mail USPS though that's why i dont have any tracking numbers and since FEDEX can't mail to a PO BOX address

Is MTR motion to reopen?

Here's what it exactly says on my notice of decision:

"Therefore, it is ordered by the Director of California service center that the petition is denied due to abandonment, and the conditional residence status is terminated concurrently. The decision may not be appealed. However, the conditional resident may file a motion to reopen in accordance with 9 C.F.R. 103.5. See form M-188. Furthermore, the conditional resident may request a review of this decision before an immigration judge pursuant to 8 C.F.R. 216.4(d)(2). Please not that a notice of appear before an immigration judge will be issued and forwarded to you.

You are hearby directed to immediately surrender the alien regisration card to your local US citizenship and immigration office."


Where can I get the form M-188? and does this mean I can't work anymore at the moment?

[bestpal]

[QUOTE=speed888;2029936]Yes, i do have copies of the documents that I mailed them except for the RFE notice. I used regular mail USPS though that's why i dont have any tracking numbers and since FEDEX can't mail to a PO BOX address

USPS also can track mailings sent to PO box. you can use certified mail and return receipt.

[bestpal]

Here's what it exactly says on my notice of decision:

"Therefore, it is ordered by the Director of California service center that the petition is denied due to abandonment, and the conditional residence status is terminated concurrently. The decision may not be appealed. However, the conditional resident may file a motion to reopen in accordance with 9 C.F.R. 103.5. See form M-188. Furthermore, the conditional resident may request a review of this decision before an immigration judge pursuant to 8 C.F.R. 216.4(d)(2). Please not that a notice of appear before an immigration judge will be issued and forwarded to you.

You are hearby directed to immediately surrender the alien regisration card to your local US citizenship and immigration office."


Where can I get the form M-188? and does this mean I can't work anymore at the moment?[/QUOTE]

You may just wait until you received the notice to appear before an immigration judge. Bring all your documents and the mailing receipt you sent for the RFE.

Or you can file a motion to reopen your case.

[BornintheRSA]

Yes. MTR is Motion To Reopen.

You should have received the Form M-188 with your letter. This explains your options when denial is due to abandonment.
If not, then get one from the California Service Center.
I don't think you can get it online.

[BornintheRSA]

Originally Posted by speed888

and does this mean I can't work anymore at the moment?

I wouldn't suggest giving up your job just yet.
Officially, as of the date of denial, you no longer hold permanent residency, but if your MTR is approved and your petition to remove conditions is granted then it won't have a bearing on your case.

I would suggest getting a lawyer. At least I would if I were in your shoes.

[speed888]

Originally Posted by BornintheRSA

Yes. MTR is Motion To Reopen.

You should have received the Form M-188 with your letter. This explains your options when denial is due to abandonment.
If not, then get one from the California Service Center.
I don't think you can get it online.

I did not rcv a M-188 form with the letter. Can I get that form at any immigration center? and is MTR better than appealing to the judge?

any other advices?

[uppsalaswede]

sorry to hear you've been denied. I would highly recommend getting an attorney to review the matter with you. There is an appeals process that you're entitled to which is complicated unless you're an attorney. Look for a good attorney in your area and see what they are able to do. Good luck!

[speed888]

I appreciate all the response!

should I do a MTR on this case or wait for the notice to appear before an immigration judge instead?

I will ask a local atty here but I would also like to get any other inputs

[AzBlk]

File a MTR and show them proof you did not abandon your petition if you still have reciept from post office to show you sent RFE before it was due. You should only use Judge as a last resort and Do not surrender your GC under any circumstances.

[jupiter07]

Originally Posted by speed888

No attorney, we filed all my application from the start by my self.

The reason of denial is- they did not receive the RFE they requested but I did sent them those documents last month before the deadline. for some reason they did not received it I guess and I don't have any proof since I sent it via mail at usps

Big mistake. With USCIS you need proof of mailings.

[uppsalaswede]

speed888...I hate to tell you this but no one on this forum aside from the moderator is an attorney and it is not recommended that you take advice from anyone especially if your case was denied. Again, I recommend that you seek an attorney to assist you with this. Good luck!

[speed888]

Originally Posted by uppsalaswede

speed888...I hate to tell you this but no one on this forum aside from the moderator is an attorney and it is not recommended that you take advice from anyone especially if your case was denied. Again, I recommend that you seek an attorney to assist you with this. Good luck!

Thank you
I already found an attorney who will file the MTR...hopefully everything works well...

[BornintheRSA]

That's the best way to go. Good Luck