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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3963
Experience:  Private practice in several areas, including immigration
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What can we file so that my wife would avoid having to go through removal proceedings? Ref

Customer Question

What can we file so that my wife would avoid having to go through removal proceedings? Refile the I-751? Or submit I-130 and/or I-485? Or something else?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
Why is she going through removal proceedings?
Customer: replied 2 years ago.

I just assumed that it would be the next step that the USCIS will take since her I-751 was denied. Am I wrong on that? I hope I am.

Expert:  Expert James replied 2 years ago.
Hi Dominic,

I did not know her I-751 was denied. On what basis? Also, I am stepping away from the computer for a couple of hours. But I will be back to continue assisting you. Please be patient as I do so.
Customer: replied 2 years ago.

Reason used was due to "Not Deliverable as Addressed" when the RFE letter that USCIS issued on Oct 2014 got returned to USCIS and so USCIS marked the I-751 application as abandoned.

Expert:  Expert James replied 2 years ago.
OK Dominic,
Thank you. How did you find out that it was sent to the wrong address? Was the address wrong? Who caused the mistake? And is there any option on the denial notice that mentions a motion to reopen, motion to reconsider or an appeal using I-290B?
Customer: replied 2 years ago.

USCIS provided that information to us on their letter of decision for the I-751. I'm not sure if it was sent to the wrong address or what happened to that letter why it wasn't delivered to us and got returned instead. We never got a copy of the RFE letter that was returned. But we did not move and we received letters before and after that RFE. We did file I-290B already which, just today, we received an email that it was dismissed. So we are passed the point of filing appeal thus the question what can we file next?