Urgent- Deportation

[brdprince]

my friend's wife has a unique situation

My friend: US Citizen
Wife: Indian passport- GC stamp in jan 2003

GC LOST since 2003...never recieved the card....means she doesnt have Green card with her. she filed for replacement of card....never got the card..
always got extension by stamp in the passport.

they took Local INS Office appointment ...to discuss there case...
few months back...they said ...will call her for interview...

she inquired today...again.. INC Officer said..your file has been closed and
she has to leave USA as her passport is expiring in 30 jan 2007.

What are the alternatives in this situation....

pls HELP URGENT..

thnx

 

[Al Southner]

Get a lawyer soon...

my friend's wife has a unique situation

My friend: US Citizen
Wife: Indian passport- GC stamp in jan 2003

GC LOST since 2003...never recieved the card....means she doesnt have Green card with her. she filed for replacement of card....never got the card..
always got extension by stamp in the passport.

they took Local INS Office appointment ...to discuss there case...
few months back...they said ...will call her for interview...

she inquired today...again.. INC Officer said..your file has been closed and
she has to leave USA as her passport is expiring in 30 jan 2007.

What are the alternatives in this situation....

pls HELP URGENT..

thnx

Friend of a friend,

She needs to get an immigration attorney, competent one as soon as possible. Why is it she never received her card after applying for a replacement one?

Also, since her husband is obviously a US citizen, why didn't she apply for naturalization based on 3 yr marriage to US citizen? In that way, USCIS is forced to adjudicate her greencard before finalizing her naturalization? This would have force the immigration people to move and get her the card, so that she can be naturalized....

My advise: she can file for naturalization now, hire an immigration lawyer to fight possible deportation from USCIS...

 

[LucyMO]

my guess is - she got a conditional permanent residency, and never applied for removal of conditions. Hence, her permanent status has been forfeited.

 

[pianoplayer]

my guess is - she got a conditional permanent residency, and never applied for removal of conditions. Hence, her permanent status has been forfeited.

That would be my first guess also. I think the OP just does not really know enough facts for us to be able to tell anything.

 

[brdprince]

they applied I751 remove conditional status..
she never got the card even after filling replacement card.when she went for info on her status with infopass...she asked can she file for naturalization.....the Immigration officer said NO you cannot u need to have Green Card ..
INS ppl r saying we sent you the card twice.....original and when u filed for replacement. (Both she never got)

so what can be done....

i have advised them to go to indian consulate and get the passport renewed immediatyely...as NO immigration stamp she can get as her passport is expiring in jan 2007. and HIRE one immgration attorney.

thnx ...more help..pls...if u can

 

[pianoplayer]

they applied I751 remove conditional status..
she never got the card even after filling replacement card.when she went for info on her status with infopass...she asked can she file for naturalization.....the Immigration officer said NO you cannot u need to have Green Card ..
INS ppl r saying we sent you the card twice.....original and when u filed for replacement. (Both she never got)

so what can be done....

i have advised them to go to indian consulate and get the passport renewed immediatyely...as NO immigration stamp she can get as her passport is expiring in jan 2007. and HIRE one immgration attorney.

thnx ...more help..pls...if u can

Do you know if her I751 was approved? If not, does she have proof that she filed the I751 on time? These would be key issues. If she complied with removal of conditions procedures, and there are no other issues, she is able to apply for citizenship without a green card. The officer's statement, as you reported it, is not correct.

Retain the services of an attorney ASAP.

 

[brdprince]

from all of the replies...i decided to investigate further with them...

i think i found the problem....

they did filed for I751..but when interview was scheduled..his wife was in INDIA and he sent the interview letter back...saying to re-schedule..by giving reason she is NOT in country.

After this...USCIS never re-scheduled her I751 interview...
my friend & wife tried to find about that twice by taking infopass...
both time Officer said..we will inform you. But at the last meeting..Dec 28.. they said you have to go back to your country and husband has to re-file as your case has been closed.

both of them have lived for 4 yrs together...married for 5 yrs...and have 2 US Citizen kids...now what else USCIS is asking for proof..

guys your more help is appreciated..after this above info...
pls comment...

THNAKS 2 ALL OF U ...

 

[LucyMO]

get a lawyer asap, perhaps, they need to file a motion to reopen, if it's not too late. We can't help your friends on the forum.

 

[Triple Citizen]

Only 10% of I-751s actually generate an interview. This couple happened to fall into that 10%. To make things worse, the GC spouse was out of the country and thus could not attend the interview. I am guessing that USCIS never got (or never processed) the reschedule request. Thus USCIS forfeited the spouse's GC status. The need of the hour is a good attorney and an MTR.
Good luck!!!

 

[yahayajp]

hi there.just file a motion, or write a long letter and explain ur situation plus include evidence of bona fide marriage and include ur kids birth cert.u should be all set.





with them...

i think i found the problem....

they did filed for I751..but when interview was scheduled..his wife was in INDIA and he sent the interview letter back...saying to re-schedule..by giving reason she is NOT in country.

After this...USCIS never re-scheduled her I751 interview...
my friend & wife tried to find about that twice by taking infopass...
both time Officer said..we will inform you. But at the last meeting..Dec 28.. they said you have to go back to your country and husband has to re-file as your case has been closed.

both of them have lived for 4 yrs together...married for 5 yrs...and have 2 US Citizen kids...now what else USCIS is asking for proof..

guys your more help is appreciated..after this above info...
pls comment...

THNAKS 2 ALL OF U ...[/QUOTE]

 

[pianoplayer]

from all of the replies...i decided to investigate further with them...

i think i found the problem....

they did filed for I751..but when interview was scheduled..his wife was in INDIA and he sent the interview letter back...saying to re-schedule..by giving reason she is NOT in country.

After this...USCIS never re-scheduled her I751 interview...
my friend & wife tried to find about that twice by taking infopass...
both time Officer said..we will inform you. But at the last meeting..Dec 28.. they said you have to go back to your country and husband has to re-file as your case has been closed.

both of them have lived for 4 yrs together...married for 5 yrs...and have 2 US Citizen kids...now what else USCIS is asking for proof..

guys your more help is appreciated..after this above info...
pls comment...

THNAKS 2 ALL OF U ...

Hi:

My best guess is that the rescheduling request was never received or processed. When I hear of these situations, I try my best not to say "I told you." I have seen too many cases where rescheduling requests caused a lot of hassles and problems. While your friend may have had a very good reason to be in India at the time, I think many do not treat the interview seriously enough. I always advise people ---- if there is not a very serious reason for you to miss it, you had better fly back and make that interview.

In any event, that is water under the bridge. There is MUCH they can do now with the help of a good attorney. A MTR as others have indicated here ---- do not stall.