I-751 denied

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miikka

Registered Users (C)
My I-751 was denied and my green card has expired. I'm a Canadian citizen who's lived in the US since 2004 (married to an American).

Becuase of my denial, am I still able to travel and/or work? What is my next step? I've spoken to an immigration attorney and she stated that submitting a MTR may not be the best idea due to the fact that it's not guaranteed and can take up to two years. My denial is NOT appealable.

Do I resumbit the I-751 as a new application? Do I go back to Canada and try to do everything from there? I am so confused.

Any suggestions would be great.

Thank you,
 
They said I missed my biometrics appointment. We had to reschedule it due to the fact that we were out of the country at the time. We never received another date.......just the denial letter a couple months later. We don't have proof of us sending it......just the photocopy pack. We sent it via USPS like everything else we've sent to USCIS. We understand that at the end of the day, it's our fault for not using a courier service.

But, now, we don't know what the best option is........
 
This is a common scenario.

Sometimes I am just curious.. WHAT CAN BE MORE IMPORTANT than getting things in order for something THAT IS SOOOO IMPORTANT IN LIFE? Why do people treat something like this with less importance than, say, a vacation?
 
VisaNutz said:
This is a common scenario.

Sometimes I am just curious.. WHAT CAN BE MORE IMPORTANT than getting things in order for something THAT IS SOOOO IMPORTANT IN LIFE? Why do people treat something like this with less importance than, say, a vacation?
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That's a fair question.........
We received our notice a Thursday.....we were flying out of the country on Friday and the appointment was in Cincinnati the following Friday. Either USCIS was behind on sending their notices, or these appointments are that quick. There was no way we could cancel our trip at such short notice. That's why we had to reschedule. We got everything together that night (Thursday) and sent it out in the mail on the Friday, before we left the country.
 
A similar case is discussed in the thread below. OP sent letter requesting Biometrics reschulded due to travel; petition denied due to not showing up for biometrics. OP contacted their congressman and the USCIS omsbudsman office. OP's petition was successfully reopened and received a new biometrics appointment.

http://forums.immigration.com/showthread.php?t=302939
 
miikka said:
There was no way we could cancel our trip at such short notice.
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Yes you could have canceled it. If you knew the trip would result in I-751 denial, you would have canceled it.

And file the MTR ASAP. The entire process of the MTR and approval of the I-751 may take several months or longer than a year to be decided, but they usually decide whether to accept the MTR within a month. Acceptance of the MTR means they will put the I-751 back into pending status, and you should soon get another fingerprint notice after that.
 
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miikka said:
We sent it via USPS so we don't have proof. We've sent all of our forms that way and have never had a problem until this one. We only have our photocopy pack of what we sent.
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Couldn't you have spend 70 cents for delivery confirmation with USPS? :confused:
 
Al Southner said:
Couldn't you have spend 70 cents for delivery confirmation with USPS? :confused:
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They don't have much experience with immigration or hearing other people's horror stories before now. They thought things would have gone smoothly by dropping the reschedule request in the regular mail, just like what they were doing before. They didn't realize that when you deal with USCIS you should expect things to go wrong and therefore need to take measures to protect yourself.
 
Jackolantern said:
They don't have much experience with immigration or hearing other people's horror stories before now. They thought things would have gone smoothly by dropping the reschedule request in the regular mail, just like what they were doing before. They didn't realize that when you deal with USCIS you should expect things to go wrong and therefore need to take measures to protect yourself.
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Jack,

I would think that delivery confirmation is required for anything of importance and the post office where I usually got to mail all my immigration matters, the nice post guy always asks me, do you need a delivery confirmation? I oblige with a smile, yes sir because it only costs me 70 cents but offers me a peace of mind. I recently returned some lingerie which I had bought for my wife, I use delivery confirmation as I didn't want the postman to keep it for himself and wife..:eek:. A week later, got a credit from the seller. I didn't know KS allows lingeri shops, weren't they the most conversative state in the union? :rolleyes:
 
Triple Citizen said:
Yup, my earlier comment was reflecting just that. From the OP's perspective, not USCIS's :)
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Yes, I know what you were referring to. I was just pointing out that the OP needs to consider the bigger picture of USCIS and other people's experiences, not just his/her own experience. Being aware of the snafus suffered by other immigrants would have led the OP to use delivery confirmation or cancel the trip abroad in order to show up at the fingerprint appointment.
 
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Thank you for all of the information, everyone. I unnderstand what you are all saying, and we are now learning from our mistake.

I've consulted with a lawyer and he gave me sound advice. I now see the seriousness of our situation.

The one thing he hasn't answered was: Since I have illegal staus, does that mean I have to quit my job until the forms are filed and approved?
 
miikka said:
Thank you for all of the information, everyone. I unnderstand what you are all saying, and we are now learning from our mistake.

I've consulted with a lawyer and he gave me sound advice. I now see the seriousness of our situation.

The one thing he hasn't answered was: Since I have illegal staus, does that mean I have to quit my job until the forms are filed and approved?
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This one is a tough call. You should immediately file a motion to open your case, which will restore your immigration status till USCIS renders a decision on your removal of conditions petition. :) Just continue to be employed, no need to rush to quit your job at least until USCIS makes a decision. I wouldn't travel overseas if I were you, till this issues is resolved to your full satisfaction, this include driving to Canada because you are going to have problems re-entering US. :eek:

I would err on the side of continuing to be employed, because once you file a motion your immigration status is technically restored until a final decision. Good luck and next time, spend 70 cents to get a delivery confirmation, when dealing with USCIS, expect all things to go wrong. :rolleyes: When do you plan to file for MTR? I believe you have 30 days, which mean they should receive this 30 days from the day you received a denial. Use USPS and delivery confirmation...:D
 
So, this is what I'm scared of. This is from my lawyer:

"Please further note that simply filing your I-290B would not restore you to permanent resident status while the I-290B is pending. It would not stop the accrual of unlawful presence. But if it does work and if USCIS reopens the I-751 and issues another biometrics notice, then arguably you would be restored to permanent resident status while the I-751 continues to pend. In that scenario, when the I-751 gets approved, then retroactively you would effectively be wiped clean of any unlawful presence."

Generally how long does it take for USCIS to approve the I-290B? I looked online and I could only find information about the I-751 approval times. Will my employer receive notice that I have Illegal status? If they do, then won't they have to terminate my employment if the I290B has not yet been approved?
 
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