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Immigration Issues/Petition to remove conditional green card

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Question
I am a us citizen and my husband got to the states in 2008 with the
conditional green card. We filed the joint petition to remove it in april 2010.  
We submitted the filing fee along with the needed evidence. We got the
receipt from the USCIS and 2 months later in june he got the letter for his
biometrics finger prints. We got a letter to request for evidence again. We
both thought that we had submitted all evidence along with the filing fee,
we did not return the request. We just recently check with USCIS and they
have responded back that our petition has been abandon. In the letter, it
states that we have to appeal to reopen the petition again along with $578
filing fee. Please let us know what neccessary steps we have to take to
have my husband stays in the states.
Thank you so much for your time and attention.  

Answer
Hi,

As a failure to respond to a RFE (request for evidence) based on your explanation is not a defense, and thus a motion to reopen or reconsider, or an appeal, is unlikely to be successful, I suggest that a new I-751 (petition to remove the conditions on residence) be filed with applicable filing fee and all supporting documents. A letter should be attached along with evidence that the I-751 was filed earlier and requesting approval of the I-751 based on initial timely filing as well as new filing on a timely basis once you learned of the denial. Your husband should not travel outside the U.S. unless a receipt notice for I-751 is issued authorizing travel.

You can call our law firm at 212-268-3580 during business hours or email info@h1b1.com for guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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