Immigration Issues/Motion to reopen - I-751 denial
I came to US, Philadelphia by marrying US citizen (2003 Sep), unfortunately my marriage end up in divorce. As everyone knows my conditional permanent resident card expired after 2 yrs. My attorney filed I-751 to vermont service center at Aug-2005 under extreme hardship clause because we were separated that time and our divorce was not finalized. I got one year extension of green card, till 29th Aug 2006.Our divorce finalized at Oct, 2005. I contacted my attorney again and filed another I-751 with good faith of marriage clause (this part I am not sure, my attorney is saying he filed I-751 with divorce decree). Feb 2006 I moved to Albuquerque, NM for my new job . Feb 2006 USCIS ask additional evidence of extreme hardship this time my attorney sends RFE Response with few affidavits and my divorce decree by saying this case is not under extreme hard ship but its under good faith of marriage. Aug 2006 I took an infopass appointment with USCIS office, Albuquerque for extension of my green card because my one year extension was expiring at the end of Aug 2006, at my appointment they said soon they are going to schedule an interview with me so they cant give extension. As they said they schedule an interview with USCIS office, Albuquerque at Sep 2006; in my interview also we( I attended interview with one attorney) mentioned this I-751 is under good faith of marriage. 12th Dec 2006 again I took an appointment and this time they granted me two months extension. 15th Feb 2007 I got I-751 denial letter, in my denial its saying certain extent of hardship found but couldn’t find extreme hardship so my petition is denying . Actually they made decision under wrong ground; I was not looking for extreme hardship but good faith of marriage. I hired a new attorney,with him I filed a motion to reopen or motion to reconsider at 7th Match 2007 and its showing USCIS office cashed the cheque that my attorney Iincluded with MTR at 9th March 2007.
In this sitauation, I have few questions
1. My last two months extension from 12/12/2006-02/12/2007 is expired now. I dont have any employement authorization proof to show my employer.
2. Is there any chance that I can get an extension or Employement Authorization till USCIS office make a decision on my MTR or till review my case infront of Immigration Judge
3. In my MTR accepted situation, What my status now? Is still i am unalwfull resident in US?
4. Am i ruining my chance to come back this country with H1 visa by staying here as unlawfull resident?
5. I have an appointment with USCIS office on 5th April 2007. If I am going there do they arrest me ?because in the denial letter they are saying I dont have right stay and work in US . What happends if police pull over me?
While your case is under appeal, your work authorization can be extended. Since your case is still being adjudicated, you are in 'limbo'...you will not be arrested.
Once the appeal is decided upon, you will have a better idea on what to do. If your appeal is denied, you will be granted a certain amount of time to get your afairs in order and leave the country. If you don't, then you risk arrest, deportation and being barred from the US. If it is denied, then follow the instructions and return to your home country. you can then file for another visa to enter the US without issue.