Application Denied

plab

New Member
My wife currently filed to have the conditional status removed on her PR. It was denied due to abandonment (we did not respond in time) yet we did respond but they never acknowledged reception. The denial notice also said we will receive a notice to appear before a judge and we can try to have the case reopened by filing I290-B.

What do we do now? I'm not sure if we can prove we made an adequate attempt to contact them before the deadline so should we not try to reopen the case, wait for the court notice to arrive, appear before a judge and reapply? Would we need a lawyer then? Can she still work and find work (her PR is now expired)?

Thanks for the help, I'm really confused by all this.
 
File MTR (I-290 B) first. Attach all evidence that you have regarding your attempt to respond and your response to their request (even if you sent if before). After you get a receipt to MTR, she can start working again. That's the easiest way. If you can afford a lawyer, let him/her handle MTR, but it seems that your case if fairly simple. You can handle I-290B, but I would not go to immigration court without a lawyer.
 
What's MTR? I have no problem filing it myself, but there is a $585 processing fee. I was told by somebody that there is little chance that my application will be reopened and that I would just be wasting my money. There is also a fee waiver that I should qualify for, but I've found very little information regarding applying for it.

*EDIT - just noticed that MTR is another name for I-290 B, what I meant was why's it called that?
 
It is kind of confusing to know if you want your case solve or not.Therefore there are things, regardless of the money spent, to do if you want that she continue be living here legally and be able to work, etc.

She can right now continue working...but she should not go out of the US until all this solve. There is nothing that says that she can't continue working.

Be aware that is you to demostrate that you did the possible to contact them plus you already admitted that was your own fault to not respond on time, it was about a RFE?

In any case, if you going to appear in front of an immigration judge be prepare and consult with a lawyer.
 
If you are confused, you definitely need the assistance of an attorney. Given the consequences, you should consult an attorney.
 
This case has never been about money. If it were a simple matter of paying some amount and having her stay, I wouldn't be here. However, I've been told that paying to reopen the case would be useless by several sources.

My two options were file I-290B and try to reopen the case or wait for the notice to appear before a judge and reapply. It seems regardless of the course we take, we're better off with an attorney though.
 
What's MTR? I have no problem filing it myself, but there is a $585 processing fee. I was told by somebody that there is little chance that my application will be reopened and that I would just be wasting my money. There is also a fee waiver that I should qualify for, but I've found very little information regarding applying for it.

*EDIT - just noticed that MTR is another name for I-290 B, what I meant was why's it called that?

MTR - Motion to Reopen. No matter which way you'll go, you'll end up spending money.
 
Did you file your I-751 late or did you file it on time, but failed to reply to some sort of response from them? What were your extenuating circumstances? I am filing my husband's I-751 next week and it is about two months late. I hope it is not a waist of time and/or money. How late did you file her I-751?
 
INTl.luv i filed mine late like u are about to. They denied me after a 4/5 yr marriage and after paying taxes, no crime, getting unemployment etc i know not sure if i can work till my immigration court in oct 2011
 
Did you file your I-751 late or did you file it on time, but failed to reply to some sort of response from them? What were your extenuating circumstances? I am filing my husband's I-751 next week and it is about two months late. I hope it is not a waist of time and/or money. How late did you file her I-751?

i was acc to mail correspondence 2 days late when i sent it in...i used UPS as well
 
INTl.luv i filed mine late like u are about to. They denied me after a 4/5 yr marriage and after paying taxes, no crime, getting unemployment etc i know not sure if i can work till my immigration court in oct 2011

You can work. If your court hearing is successful and they approve your I-751, your permanent resident status will be retroactively reinstated.
 
A Denial Due to Abandonment is accompanied by specific instructions (bolded below), if you can't meet those requirements, she'll probably be telling it to the Immigration Judge. Continued work IF at any point is deemed unauthorized will be forgiven upon removal of conditions by either the IJ or USCIS. It sounds like a minor procedural error that will be forgiven in the long run but it may be nerve-wracking in the meantime. Good luck.

8 CFR 216.4 Joint petition to remove conditional basis of lawful permanent resident status for alien spouse.

(d) (2) Denial. If the director denies the joint petition, he or she shall provide written notice to the alien of the decision and the reason(s) therefor and shall issue a notice to appear under section 239 of the Act and 8 CFR part 239. The alien's lawful permanent resident status shall be terminated as of the date of the director's written decision. The alien shall also be instructed to surrender any Permanent Resident Card previously issued by the Service. No appeal shall lie from the decision of the director; however, the alien may seek review of the decision in removal proceedings. In such proceedings the burden of proof shall be on the Service to establish, by a preponderance of the evidence, that the facts and information set forth by the petitioners are not true or that the petition was properly denied.

8 CFR § 103.2 Applications, petitions, and other documents.

(b) Evidence and processing
(13) Effect of failure to respond to a request for evidence or a notice of intent to deny or to appear for interview or biometrics capture —(i) Failure to submit evidence or respond to a notice of intent to deny. If the petitioner or applicant fails to respond to a request for evidence or to a notice of intent to deny by the required date, the application or petition may be summarily denied as abandoned, denied based on the record, or denied for both reasons. If other requested material necessary to the processing and approval of a case, such as photographs, are not submitted by the required date, the application may be summarily denied as abandoned.

(15) Effect of withdrawal or denial due to abandonment. The USCIS acknowledgement of a withdrawal may not be appealed. A denial due to abandonment may not be appealed, but an applicant or petitioner may file a motion to reopen under §103.5. Withdrawal or denial due to abandonment does not preclude the filing of a new application or petition with a new fee. However, the priority or processing date of a withdrawn or abandoned application or petition may not be applied to a later application petition. Withdrawal or denial due to abandonment shall not itself affect the new proceeding; but the facts and circumstances surrounding the prior application or petition shall otherwise be material to the new application or petition.

8 CFR § 103.5 Reopening or reconsideration.
(a) Motions to reopen or reconsider in other than special agricultural worker and legalization cases
(2) Requirements for motion to reopen. A motion to reopen must state the new facts to be provided in the reopened proceeding and be supported by affidavits or other documentary evidence. A motion to reopen an application or petition denied due to abandonment must be filed with evidence that the decision was in error because:

(i) The requested evidence was not material to the issue of eligibility;

(ii) The required initial evidence was submitted with the application or petition, or the request for initial evidence or additional information or appearance was complied with during the allotted period; or

(iii) The request for additional information or appearance was sent to an address other than that on the application, petition, or notice of representation, or that the applicant or petitioner advised the Service, in writing, of a change of address or change of representation subsequent to filing and before the Service's request was sent, and the request did not go to the new address.
 
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