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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108353
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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i751 denied. Conditional residence status terminated

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My husband and I filed for my i751 to remove the conditional status of my green card in April 2012. Unfortunately, we had to relocate to my home country (Singapore) in September 2012 as my husband lost his job. Meanwhile, we assumed that our i751 process will carry on smoothly. USCIS requested for more evidence and we submitted the documents as requested. In late April 2013 (one year after we filed), we received notice that we were scheduled for an interview on 9 May 2013. We could not make the interview date as we are living in Singapore. We promptly wrote in to the field office to request for a rescheduling. We did not get any reply. The next thing I knew, I had received another mail stating that my conditional residence status has been terminated and that deportation proceedings will be ordered. I’m now worried sick because: 1) Both my spouse and I are residing overseas. We are not able to fly back to the US on such short notice. What can we do? 2) It sounds really bad that my green card was terminated (and that I had not surrendered it voluntarily). Will this affect my chances of reapplying for a new green card when we are ready to return to the US in future?

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

Well, I think you have two options.

1) File an I-290B which can be found at www.uscis.gov/forms and explain the situation and ask that the case be reopened so that you can go to a new interview.

2) Respond to the denial and explain that you are currently outside of the U.S. with no plans to come back any time soon and submit evidence that you are outside of the U.S. Then later you can apply for a new Lawful Permanent Residency through your spouse. What you have to avoid is them placing you in removal proceedings. If you do not end up in removal proceedings, then you should have no issue applying for a new Residency status in the future.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 4 years ago.

Thank you for your advice. I am leaning towards option (2). Can you please offer more information on that?


 


1) Where should my letter be directed to? The field office handling my case?


 


2) If deportation proceedings are placed against me, what can/should I do since I am residing overseas? Can I get an attorney to represent me instead of being physically present in the US?

1) Yes. There should be an address on the denial letter. You can send a copy of the denial letter along with your own letter.


2) You would need an attorney to prepresent you and they would have to show proof that you left the U.S. and are outside of the country so that the case can be administratively closed. You can look for an attorney at www.ailalawyer.com

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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