I751 Random Interview

K

kimdunn

New Member
My husband and I filed the I751 to remove the condition on my green card back on 1/26/2006. Today 8/8/2006 I received a letter from USCIS stating that I have been randomly chosen for an interview. Does this really happen? The reason that I am asing is that when my husband and I informed them that we moved into our new house in May 2006 they sent us a letter stating that they needed to research the case further.

Please give any feed back as I am not sure how to take this letter.

Thanks
 
kimdunn said:
My husband and I filed the I751 to remove the condition on my green card back on 1/26/2006. Today 8/8/2006 I received a letter from USCIS stating that I have been randomly chosen for an interview. Does this really happen? The reason that I am asing is that when my husband and I informed them that we moved into our new house in May 2006 they sent us a letter stating that they needed to research the case further.

Please give any feed back as I am not sure how to take this letter.

Thanks
Click to expand...

We were discussing a post by yqiao - I751 removal of conditional PR
Here is the link : http://www.immigrationportal.com/showthread.php?t=221436

There is a memo on USCIS
Here is the link : http://www.uscis.gov/graphics/lawsr...Waivr062405.pdf


pianoplayer said:
Most recent I751 appear to be approved without interview. But you really dont know for sure, b/c the interviews continue for both 'suspicious cases' as well as randomly selected cases.
Click to expand...

I also quoted a part of the text from the memo in the previous thread -

Here is a quote from the memo by William R.Yates – Associate Director of Operations dated June 24,2005 – Re: Revised Interview Waived Criteria for form 1-751 ,Petition to remove the conditions of residence .

... " Pursuant to 8 CFR 216.4(b) (1) relating to the filing of joint petitions, if the service center director is satisfied that the marriage was not for the purpose of evading the immigration laws, the service center director may waive the interview and approve the petition .If not satisfied, then the service center director shall forward the petition to the district director having jurisdiction over the place of the alien's residence so that an interview may be conducted.

Likewise, under 8CFR 216.5(d), relating to the filing of waivers of the joint petition requirements, a service center director may transfer a case to the district office for interview....."
There is nothing to worry about , I wish you luck with the interview .

I have one question -
You said you applied for AOS on 1/26/2006. You also said that you received a reply from them for the interview on 8/8/2006 . Am I correct to say that your status pending the AOS would still be a LPR ( as you can apply 90 days prior to the 2nd annv ) . Did you have to apply for a new EAD ? How did you deal with this situation ?
 
We applied 90 days prior to the expiration of my greencard due to marriage. My first greencard expired 4/23/2006. My concern was that I had forgetten to tell them that my Husband's address had changed when we moved into our appartment after I had gratuated from college. I would pay the fine if we needed to, I just don't want this to effect my status. We do have a lot of paperwork showing us both having lived in the appartment prior to purchasing a new home after the I751 had been filed.
For the last 8 months I have been calling the USCIS help line to attempt to get status of my application. I finally wrote to my Senator and this letter show up talking about a random interview.
I didn't have to apply for a new EAD as my GC was extended one year. Our main concern is that I make twice as much as my UC husband and financially we don't know what we would do if they didn't let me work.

Thank you though for your words of encouragement. I just found it hard to believe that it would take them 8 months to tell me that I was randomly selected for an interview.
 
Not yet, they stated that they are waiting to get a date from the local DO. I got this notification due to an inquiry as I was over the normal processing time for the I751.
 
kimdunn said:
Not yet, they stated that they are waiting to get a date from the local DO. I got this notification due to an inquiry as I was over the normal processing time for the I751.
Click to expand...

Just some words of comfort --- your permanent resident status does not expire, only the green card does. If you filed to remove conditions within the proper filing period(which you did) --- even if it takes 5 years to adjudicate your case, you are still a permanent resident and can continue working.

In some exceptional cases where it dragged on unusually long, and the extension letter of 1 year expired, the person goes to the DO and gets a stamp in the passport. This process may continue until you are approved/denied. Many people also apply for citizenship when they are eligible, which has been shown to speed up the I751 process if not yet adjudicated at that time.

Best wishes
 
I applied to the Texas service center. My local DO is in Houston.

Thank you all for your words of encouragement.
 
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