IS there something like MANDATORY processing time limit for I-751?

C

cechon

New Member
In other words, could CIS be processing a case for unlimited period of time?
Don't they have like 2 or 3 yrs time limit to process a case and make a decision? I've been waiting 18 months for my I-751 removal of temp. status application decision. I started my immigration procedures almost 10 years ago (dec of 1999) and I'm gettin 'kinda' tired of it.
 
that sucks

I have done that and filed N400 in 2004. Both , my I-751 and N400 were denied. I based both on my marriage to US Citizen, my wife. Unfortunately after 7 years of marriage we divorced. I received my divorce decree two days after the N400 interview. The denial was based on different month of separation with my wife. During the interview I said we separated in Dec 06 and divorce degree said it was Jan 07. One month discrepancy. I even received little note from director of local CIS office about citizenship being a privillige... Anyway, after the denial I have filed another I751 as a divorcee and I am waiting since october 2007. God this is a mess. Can anyone help?
 
cechon said:
I have done that and filed N400 in 2004. Both , my I-751 and N400 were denied. I based both on my marriage to US Citizen, my wife. Unfortunately after 7 years of marriage we divorced. I received my divorce decree two days after the N400 interview. The denial was based on different month of separation with my wife. During the interview I said we separated in Dec 06 and divorce degree said it was Jan 07. One month discrepancy. I even received little note from director of local CIS office about citizenship being a privillige... Anyway, after the denial I have filed another I751 as a divorcee and I am waiting since october 2007. God this is a mess. Can anyone help?
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you came here in 1999 and filed for 751 and 400 by 2004 based on marriage.
why was the I 751 and N400 denied when you separated in Dec 2006? (based on 7 years if marriage). Posters with less than 2 years of marriage have been approved.

give us an exact timeline as to what happened.
 
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Hi,
And thank you at least for listening or reading this. I am stressed out of my mind.

I married my wife in Nov 1999, and received my temp green card in 2002. Pretty much 2 years after we filed.

In March 2004 I filed removal of temp status.

In March 2005 I filed N400.

In Sept 2005 I started wondering what the heck is going on with my removal application and through some of my lawyer’s “back channel” found out that CIS screwed up my address record.

In Dec 2005 I was invited to N400 interview but no decision was made because my wife was not there with me.
But no one said she was supposed to come! Not even my attorney at that time and the letter from INS did not say "bring you spouse with you".

I have not heard from INS until Sep 2007 when they invited me for another interview.

But I separated from my wife in Dec 06 resp Jan 07. You know how breaking up could be difficult after 7 years and it is tough to say when we actually or technically separated.

In March 2007 I fired my lawyer for being an idiot and charging the hell out of me with no results. For example she asked CIS for my record, charged me $500 for obtaining my file based on that Free information act or whatever it is called. But my ass free act, because the most important pages were skipped anyway with some smart ass not that this was not approved for copying. So there is about 14 pages blank… and my checking account got 500 bucks thinner.

In June 2007 we filed for divorce and divorce was finalized in September 2007.
I had my 2nd N400 interview (the one I mentioned 3 articles above) 2 days before the finale court day and immigration officer did not again make any decision in my case.

In October 2007, 1 month after the divorce was finalized and 1 month and 2 days after the interview, I filed another I751 as a divorcee.

In November 2007 CIS denied my first I 751, temp status removal and also denied my N400. Reasoning was that during the interview I stated separation to happen in dec 06 and divorce documents (I had only the divorce filing material at the time of the interview, because decree was issued 2 days later) stated that we were actually separated 1 month later. Frankly they said I lied to them and denied it. As a matter of fact, they retroactively cancelled my residency status all the way back to 2002 when it was granted. SO ALL OF SUDDEN, AFTER LIVING IN US FOR 8 YEARS, BEING MARRIED TO US CITIZEN FOR 7 YRS, WORKING AND APYING TAXES, OWNING A HOUSE I WAS BEING HERE ILLEGAL FOR 5 YEARS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

However AND fortunatelly in December 2007 I received letter that CIS accepted my second I-751 I filed in October 2007 as a divorcee, granted new temp status and I have not heard from them since...

Does this make any sense?
 
Hi Cechon?

I am pretty much in a same boot as you. I was wondering what state are you in?

cechon said:
Hi,
And thank you at least for listening or reading this. I am stressed out of my mind.

I married my wife in Nov 1999, and received my temp green card in 2002. Pretty much 2 years after we filed.

In March 2004 I filed removal of temp status.

In March 2005 I filed N400.

In Sept 2005 I started wondering what the heck is going on with my removal application and through some of my lawyer’s “back channel” found out that CIS screwed up my address record.

In Dec 2005 I was invited to N400 interview but no decision was made because my wife was not there with me.
But no one said she was supposed to come! Not even my attorney at that time and the letter from INS did not say "bring you spouse with you".

I have not heard from INS until Sep 2007 when they invited me for another interview.

But I separated from my wife in Dec 06 resp Jan 07. You know how breaking up could be difficult after 7 years and it is tough to say when we actually or technically separated.

In March 2007 I fired my lawyer for being an idiot and charging the hell out of me with no results. For example she asked CIS for my record, charged me $500 for obtaining my file based on that Free information act or whatever it is called. But my *** free act, because the most important pages were skipped anyway with some smart *** not that this was not approved for copying. So there is about 14 pages blank… and my checking account got 500 bucks thinner.

In June 2007 we filed for divorce and divorce was finalized in September 2007.
I had my 2nd N400 interview (the one I mentioned 3 articles above) 2 days before the finale court day and immigration officer did not again make any decision in my case.

In October 2007, 1 month after the divorce was finalized and 1 month and 2 days after the interview, I filed another I751 as a divorcee.

In November 2007 CIS denied my first I 751, temp status removal and also denied my N400. Reasoning was that during the interview I stated separation to happen in dec 06 and divorce documents (I had only the divorce filing material at the time of the interview, because decree was issued 2 days later) stated that we were actually separated 1 month later. Frankly they said I lied to them and denied it. As a matter of fact, they retroactively cancelled my residency status all the way back to 2002 when it was granted. SO ALL OF SUDDEN, AFTER LIVING IN US FOR 8 YEARS, BEING MARRIED TO US CITIZEN FOR 7 YRS, WORKING AND APYING TAXES, OWNING A HOUSE I WAS BEING HERE ILLEGAL FOR 5 YEARS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

However AND fortunatelly in December 2007 I received letter that CIS accepted my second I-751 I filed in October 2007 as a divorcee, granted new temp status and I have not heard from them since...

Does this make any sense?
Click to expand...
 
Hi all, I filed my I-751 waiver divore filed on december 23, 2009 through Immigaration attorney, my case is complecated thats why i hired a good attorney, my long story short is I came usa on visit visa in 2005 got married to usa citizen 2005 got conditional green card in 2006, applied I-751 joint end of 2007, applied citizenship end of 2008 at that time my I-751 was not appvoed, got seprated from wife may 2009, n-400 and i751 interview july, i went there without my wife also she filed divorce before that interview. 2 months later they refused my both appliactions base my wife didnt appear @ interview even she was not called on interview.In result after two months my conditional g card terminated. I talkd to a good immigaration attorney he advised me to finlised divorce and apply I-751 waiver/bona fide marriage. my divorce was finalised december 2009 and after one week my attorny send my case with a lots of evidence to uscis vsc. Now waiting for positive results. plz wish me Good Luck. my marriage was last more then four years so i had lots of proofs like joint lease papers, banks statments, joint utility bills, insurence , my life insurance on her name, etc.
here is my time
married to us citizen :2005
got conditional green card: 2006
12/2007: filed joint I-751
12/2008: applied N-400
05/2009 sepraton
07/2009 I-751/N400 interview (decision can not made at this time)
10/2009 both appliaction refused
12/2009 divorce finlized
12/23/2009 Applied I751 waiver sent to vsc
12/24/2009 appliaction recived chck cashed
12/28/2009 one year extention latter recived(also latter says that extention is not valid if your status was terminated)
12/30/2009 Fp appointment latter for 01/25/2010
01/25/2010 finger print done in 15 minutes
Now waiting game start............................................. .........

I wants to travel out of country, uscis did not gave me full status on new I-751 receipt. according to reciept notice from uscis it says (this extension and authorization for employment and travel does not apply to you if your conditional resident status has been terminated.
now My question is that if I make Info appointment and go my Do office, can I get stamp on my passport to travel International.I realy miss my family I wants to see my mother and family. please advice me all (my attorney said that do not travel out of countery with this reciept, but I didnt asked him if I go to Do office to get stamp on my passpot, every time I call to my attorney he charge me lots of money. thats why I am asking you dear friends. please advise me wat should I do?
God Bless you
 
I know cechon has been gone and this is an old thread, so my post here is just an alert to others about the importance of knowing what USCIS is supposed to do and taking action if they don't. Cechon made critical 3 mistakes, and if just one of them was not made he probably would have been a happy citizen long ago or at least kept his green card.

cechon said:
I married my wife in Nov 1999, and received my temp green card in 2002. Pretty much 2 years after we filed.
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It should have been a 10-year unconditional card. You might have gotten it immediately changed to a 10-year card if you followed up about it soon after receiving it.

In Dec 2005 I was invited to N400 interview but no decision was made because my wife was not there with me.
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Should have filed 1447(b) in mid-2006. If that was done, the N-400 case probably would have been decided before the separation and divorce filing.

I have not heard from INS until Sep 2007 when they invited me for another interview.
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By this time you already filed for divorce, which would automatically disqualify your N-400 marriage-based case. There was nothing to gain by showing up for this interview, as there was no chance of being approved. But you had a lot to lose, because when you showed up, they used the interview to extract more information from you until they found a discrepancy and then used that to revoke your green card.
 
USCIS is supposed to adjudicate an applicant's N-400 within 120 days after interviewing the applicant. If this does not happen, an applicant can file 1447(b) and that usually wakes up USCIS.

co.ador said:
is the 1447(b) form to accelerate the N-400 process or anything like that?
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co.ador said:
is the 1447(b) form to accelerate the N-400 process or anything like that?
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It's not a form, it's a section of the law that requires USCIS to conclude your N-400 within 120 days after the interview. Filing a 1447(b) lawsuit gives them a proverbial kick in the butt to hurry up and decide your case. They can't capriciously deny the N-400 just to get revenge on you, because once the 120 days have passed and you file 1447(b) the case will be under supervision of the court.
 
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now I wonder if there is anything to kick the uscis in the butt to accelarate a I-751 case in case i goes over 120 days without a response to the petitioner?
 
co.ador said:
now I wonder if there is anything to kick the uscis in the butt to accelarate a I-751 case in case i goes over 120 days without a response to the petitioner?
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In my opinion they are not held accountable by anyone so they do not do anything unless someone forces them.
 
co.ador said:
now I wonder if there is anything to kick the uscis in the butt to accelarate a I-751 case in case i goes over 120 days without a response to the petitioner?
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Not 120 days, but there are other ways to kick them into action.

An indirect way is filing N-400 when you're eligible. In order to adjudicate the naturalization application, they have to also decide the I-751. So once you get interviewed for the N-400, they'll have 120 days to decide both the I-751 and N-400.

Otherwise, if you're not applying for naturalization, you can file Writ of Mandamus when the I-751 has been pending for about 18 months or more.
 
ok. The best way would be to force them by filling the N-400 or Writ of Mandamus after 18 months of applying for the I-751. I wonder why would someone after having a pedding a I-751 wouldn't want to apply for a N-400 after a year? I know having a divorce in the middle would defintely prevent them to apply for N-400 but other than that?
 
Most with an I-751 pending for a year would file N-400.

But for some people, they would lose their original citizenship if they became a US citizen, which could make it difficult for them to visit or own property or do business in their birth country.

Others have their own reasons. For example, some postpone citizenship because if they got called for jury duty they wouldn't get paid by their job and they can't afford to go a week or two without pay.

Others simply aren't eligible yet because they traveled abroad too much.

Others have a criminal conviction and don't want to risk deportation by applying.

Citizenship is not all privileges and benefits. It also comes with responsibilities and the process has some risks. Not everybody wants to deal with that.
 
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Jackolantern said:
Citizenship is not all privileges and benefits. It also comes with responsibilities and the process has some risks. Not everybody wants to deal with that.
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Other than having a possibility of not having privilages of opening a business in their country of birth what kind of risks are played in the process of applying for citenzenship?
 
co.ador said:
Other than having a possibility of not having privilages of opening a business in their country of birth what kind of risks are played in the process of applying for citenzenship?
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I mentioned possible deportation for those with criminal records. Applying for citizenship invites deep scrutiny of one's background, making USCIS pay attention to offenses that they didn't know about or didn't care about before.

Other risks include those with discrepancies in the green card process. Applying for citizenship may lead USCIS to investigate the original green card process and discover a USCIS mistake, a mistake by the applicant, or outright fraud, and then they seek to revoke the green card.
 
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