I-131 rejection

D

dri

Registered Users (C)
Hi, I am a US citizen and my husband holds a green card. We moved overseas about 4 months ago for reasons of my employment with an organisation based in the US. Before we left, my husband submitted an I-131 - application for travel document - to keep his green card in good standing. On the application he gave our new address overseas.

We just received a letter stating that the application was rejected because extra information had been requested and we did not submit it. We never got any request for extra information. This letter seems to have gone first to our previous address in the US, and then to a friends address in the US where we are forwarding any mail that might still arrive. But we expected to receive any correspondence from the DHS at our new address.

The DHS says we can apply to reopen the petition if it went to an address other than that written on the application, but it says we have to pay $580. Is this serious? Do we have to pay $580 because they made a mistake?

Also, what happens if we don't try to reopen? Can my husband keep his green card open by going back once a year or something? We anticipate returning after 3 years.

Any advice appreciated, thanks.
 
If you applied for a Re-entry permit, the instructions on the form state that "You must be physically present in the United States when you file the Re-entry Permit application. However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department or Homeland Security (DHS) abroad for you to pick up, if you request it when you file your application. Departure from the United States before a decision is made on an aplication for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied."

The problem here seems that when you applied for the permit, you did not wait for the biometric appointment letter first, so they sent the appointment letter to the US address (they wouldn't send it to an overseas address, they would only send the final permit to a U.S. Embassy) and since you didn't show up for the appointment, the application was denied.

I don't think you have any other choice other than asking them to re-open the petition at this point..
 
Rosie74 said:
If you applied for a Re-entry permit, the instructions on the form state that "You must be physically present in the United States when you file the Re-entry Permit application. However, a Re-entry Permit may be sent to a U.S. Embassy or consulate or Department or Homeland Security (DHS) abroad for you to pick up, if you request it when you file your application. Departure from the United States before a decision is made on an aplication for a Re-entry Permit usually does not affect the application. However, where biometric collection is required and the applicant departs the United States before the biometrics are collected, the application may be denied."

The problem here seems that when you applied for the permit, you did not wait for the biometric appointment letter first, so they sent the appointment letter to the US address (they wouldn't send it to an overseas address, they would only send the final permit to a U.S. Embassy) and since you didn't show up for the appointment, the application was denied.

I don't think you have any other choice other than asking them to re-open the petition at this point..
Click to expand...

Agreed. And since this was YOUR error, pay the fee.
 
I hear what you're saying, I wasn't aware of that rule. But my husband tells me that he applied at the end of November, and the requirement for biometrics was only introduced on March 5th. He spoke to them on the telephone at the time just before applying and they told him that no additional information would be required, apart from the application form.

The whole time he has been trying to follow up to see what was happening, but the internet system and talking to them on the telephone always got the same response - Case Pending, no additional information available. I just can't see that this is reasonable. Is it at all possible that we can make a case for waiver of the fee? $580 is such a lot of money. Also, I'm even starting to wonder if we are entitled to file to reopen the petition. Are the biometrics material to the issue of eligibility (because if they are, then it seems like we don't have a case)? We can't just file a new application, I presume, because we are now overseas....

Help!
 
If your I-131 reentry permit was properly filed (including photos) before 03/05/2008 (when the biometric rule was introduced) then you are not required to submit to biometrics.

However, you will still have to file the motion to reopen, along with proper explanation.
 
Thanks for all the responses, this is a really helpful forum.

Laborvisalaw (or anyone else), what is your opinion regarding whether they used the right address or not? Although he put our US address at the time on the first page of the application, on the 2nd page he clearly stated that we would be leaving the US in January (more than 4 months now, how time flies) and that the reentry permit should be sent to my new work address.

To me, then, it seems clear that the request for additional information should also have been sent to my work address - it's the only option that makes sense. But perhaps an extremely narrow legal reading would conclude that the obligation only related to the permit itself?

I ask because I have also been advised that in the circumstances I should ask for a waiver (or refund) of the reopening fee.

Very grateful for your opinions, thank you.

(ps. Application was submitted with photos as required)
 
Requesting for Advance Parole at local DO

One of my friends had applied for his mother's I-131. It will be 60 days on Sep 9th since USCIS received their paperwork. He is still waiting and there is no news yet. I understand that AP documents takes 60-90 days but his mom wants to travel back to her home country ASAP. For this reason he went ahead and scheduled an infopass apptt for Sept 12th. What are the chances that the DO would be able to assist them on Advance Parole in person? Can they print the document and give it to them in person. The DO is about 80 miles in San Antonio. My friend lives in Austin, TX. Is it worth a drive?
Please respond. Thanks guys.
 
Last edited by a moderator:
hello!
im a new register here..
as i read all the messages in this account, i would say that it helps a lot!

is there anybody knows about the rejected application because of improper filing fee?
i just received the I-797 this day (Nov. 21) and they rejected it.

anybody knows when will i receive again their response for my biometric appointment since the Notice date was Oct. 31, 2008 and my application is expedited
Edit/Delete Message
 
REJECTION NOTICE

hello!
im a new register here..
as i read all the messages in this account, i would say that it helps a lot!

is there anybody knows about the rejected application because of improper filing fee?
i just received the I-797 this day (Nov. 21) and they rejected it.

anybody knows when will i receive again their response for my biometric appointment since the Notice date was Oct. 31, 2008 and my application is expedited
Edit/Delete Message
 
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