Denied and waiting for approval

[miikka]

I posted a few months ago about getting denied, and what to do. We'll, instead of submitting the I-290 (appeal), because it was non-appealable, we decided to resubmit I-751. We have until April 8th/09 to get an approval. I am currently illegal due to the denial and the expiration of my green card. Our concern is that if I get pulled over for speeding, accident, something like that, what will happen to me. I am a Canadian citizen. Would it be safer for me to go back to Canada while this approval is being processed rather than staying in the US, hoping that nothing happens to me? Also, I was told that if I am denied while still in the US, I will be banned from the US for 3 years at my 180 day point. But if I was in Canada, if I got denied, then I can reapply yet again (the I-751) and not have a 3 year ban, but still not able to travel to the US until I am approved. Any advice would be appreciated.
Thank you!

 

[Indian_Citizen]

I posted a few months ago about getting denied, and what to do. We'll, instead of submitting the I-290 (appeal), because it was non-appealable, we decided to resubmit I-751. We have until April 8th/09 to get an approval. I am currently illegal due to the denial and the expiration of my green card. Our concern is that if I get pulled over for speeding, accident, something like that, what will happen to me. I am a Canadian citizen. Would it be safer for me to go back to Canada while this approval is being processed rather than staying in the US, hoping that nothing happens to me? Also, I was told that if I am denied while still in the US, I will be banned from the US for 3 years at my 180 day point. But if I was in Canada, if I got denied, then I can reapply yet again (the I-751) and not have a 3 year ban, but still not able to travel to the US until I am approved. Any advice would be appreciated.
Thank you!

Why did you get denied?
I wonder if you still married and your I 751 denied can you submit a new I 485 & I 130 and get a Unconditional green card?

 

[minoo]

whre do you live Miikka? If it's a major city, then you should NOT worry. There's a ban from mayors of large cities instructing police officers TO NOT ask for immigration status when arresting or pulling over.

The reason is simple: in LA, Miami, NYC etc.. mayors know how valuable and necessary are the illegal immigrants and 'tolerate' them, because otherwise, who would build our homes and pick up our trash, hu? (just being sarcastic).

So truth is, US largest cities instruct their cops to NEVER ask for immigration status (plus technically they can't, since they can't access USCIS' datanase). The only government officials who are authorized to ask you, are the ones from the USCIS enforcement squads. So if you're not working illegally, you have nothing to worry about, USCIS has no way to find you. The only way they can track you is through your SSN and employers W2s.

So just drive with your canadian driving license, and if pulled over and asked for your DL, just show the canadian one and say you're here on vacation if they ask (most likely they won't even bother asking). Note that you're normally authorized to drive with a foreign DL for 3 months (max time of stay for visa waivers), but since they can't ask you your immigration status (nor access USCIS database), cops have no way to find out how long you've been in US. Therefore, the 'tourism' excuse works 100% o the time. I'm in Florida and have faced being pulled over countless times, and always show my french DL. And when they ask why my car is registered in US, then I answer I bought that car because I come here on vacation often (or for business).

Just my 2 cents.

 

[miikka]

Why did you get denied?
I wonder if you still married and your I 751 denied can you submit a new I 485 & I 130 and get a Unconditional green card?

I was denied due to not appearing for the scheduled biometrics appointment, even though we requested a change of date since we were out of the country. We are married; have been for over 5 years.

 

[miikka]

So just drive with your canadian driving license, and if pulled over and asked for your DL, just show the canadian one and say you're here on vacation if they ask (most likely they won't even bother asking).

My Canadian license has expired since I've lived in the US for over 5 years. I have my KY license, but that's it.

 

[Triple Citizen]

The advice Minoo gave you is poor in my opinion. If you are a US resident, as you are, you should only use a US state DL.

My Canadian license has expired since I've lived in the US for over 5 years. I have my KY license, but that's it.

 

[Jackolantern]

whre do you live Miikka? If it's a major city, then you should NOT worry. There's a ban from mayors of large cities instructing police officers TO NOT ask for immigration status when arresting or pulling over.

However, they will arrest people for driving with an expired license, and the OP probably has a problem renewing the state license because of the I-751 denial and expiration of the conditional GC.

 

[Jackolantern]

I was denied due to not appearing for the scheduled biometrics appointment, even though we requested a change of date since we were out of the country. We are married; have been for over 5 years.

You should have filed a Motion to Reopen instead of refiling the I-751. It's not the same thing as an appeal, although the effect is basically the same.

Your 2nd I-751 must have been filed after the filing deadline. I hope you included a good explanation of why this I-751 is not within the allotted 90-day time frame.

Let this be another lesson for those with pending I-751 or pending I-485 ... DON'T RESCHEDULE THE BIOMETRICS OR INTERVIEW!!! If you are out of state or out the country, cut the trip short so you can show up on the specified date. It happens so often where people get denied or encounter lengthy delays because they didn't show up or they requested a reschedule.