A A
Mar 24, 2022
Two I-751 Cases pending and N-400 at the
same time (question about case withdrawal)
In February 2021 I've sent out my package of docs for Removing of Conditions on my Greencard but forgot to include evidence to the pile of forms. I realized the mistake right away and shipped an express envelope with a complete package. I tried to intercept the first shipment but it didn't work out. The "bad" package came in later than the "good" one but it still resulted in me having two cases for Removing of Conditions.
I then sent a letter to my assigned Vermont Office requesting withdrawal of the bad case. The good case started to get new updates (they took in my previous fingerprints and waived the biometrics due to COVID) while the bad case remained with just "Case Was Received" on my USCIS page which at the time I thought meant that they did actually withdraw my case and stopped working on it... until last month when I submitted my application for Naturalization and that bad case resurfaced again.**
My Naturalization case was sent to the National Benefits Center AND my good and my bad Greencard cases were shortly transferred under NBC jurisdiction as well.
I could write a letter to NBC asking to withdraw that bad case again but
1) I don't know which address to send it to, there's like 2 different P.O. Boxes and one normal address listed on official sources, and
2) I don't want to confuse anyone there and make the situation worse.
I don't know what's the procedure in situations like this — is it that they RFE the bad Greencard case and approve the good one and then I just ignore that RFE?
Is the bad case gonna affect the good one? How does it play in with my Naturalization application?
If anyone had similar experience with making a mistake with their case and withdrawing it after, I'd greatly appreciate your input.
(Important to note that I've also received a new NOA 1-797 on November 1, 2021 that extended my Resident Status for 24 months instead of the initial 18 month extension - **FOR BOTH GOOD AND BAD CASES)
Here are the Case Histories from USCIS site:
"Bad" I-751 Case:
February 9, 2022 Case Was Transferred And A New Office Has Jurisdiction
February 9, 2022 Your Form I-751, Petition to Remove Conditions on Residence, was transferred to another office for processing.
February 23, 2021 We received your Form I-751, Petition to Remove Conditions on Residence.
“Good" I-751 Case:
February 9, 2022 Case Was Transferred And A New Office Has Jurisdiction
February 9, 2022 Your Form I-751, Petition to Remove Conditions on Residence, was transferred to another office for processing.
March 30, 2021 The fingerprints relating to your Form 1-751 Petition to Remove Conditions on Residence, were taken.
February 16, 2021 We received your Form I-751, Petition to Remove Conditions on Residence.
N-400 (Naturalization):
February 2, 2022 Case Is Being Actively Reviewed By USCIS
February 2, 2022 We received your Form N-400, Application for Naturalization, and sent you a receipt.
#removalofconditions #I751 #Naturalisation #I-751 #casewithdrawal #nbc #vermont
Naturalization
Application for Naturalization
Total Days: 562 days
Case
2021-02-16
2022-09-01
I-751
562 Days
N-400
211 Days
National Benefits Center: I-751, N-400
Timeline Map
2021-02-16
I-751
Submission to USCIS
2021-03-30
I-751
D+42
Biometrics, i.e. fingerprint and photo
2022-02-02
N-400
D+351
Submission to USCIS
2022-02-03
N-400
D+352
Biometrics, i.e. fingerprint and photo
2022-02-09
I-751
Added
D+358
Case Was Transfered to NBC
2022-07-18
N-400
D+517
Interview
2022-09-01
I-751
N-400
D+562
Decision (Approval or Denial)
This timeline was created with the Lawfully App. Download the Lawfully App now.
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Ola OlaMar 24, 2022
Were you charged for both the bad and good petition you put it? I’m not sure but I think they would have noticed it as a mistake and just carry on with the case review on both. They moved the bad case because i think if it’s still at the office they might mistake it and that’s why they are moving the both together to avoid any mistake
A AMar 24, 2022
I did pay for both, yes, and was charged very quickly too. I feel like you never know with how people interpret stuff hence sending them a letter of withdrawal but now I question if they even received it…
It makes sense what you’re saying about the transfer of both cases to NBC. That’s a positive way of looking at it I guess! :)
Ola OlaMar 24, 2022
you can call them and make enquiry. I hope you get a positive response
A AMar 24, 2022
Which number can I call? I only ever got to a robot and never to a real person
Ay dotMar 24, 2022
their is no law that say u must obtain 10 yrs greencard before u file for citizenship. law says file ur citizenship 3yrs after ur first greencard
A AMar 24, 2022
I had to apply for 10yr “Removing of Conditions” after 2 years of marriage-based Greencard. I wasn’t sure I wanted the citizenship right away, I would be fine with 10yr Greencard too, but seeing the COVID delays and because of my particular situation with two cases, I applied for Naturalisation just to speed up the process. I hit my 90 days period for 3 years so I went ahead and did it. Are you saying I could get in trouble for Greencard but my Citizenship would come through?
Ola OlaMar 24, 2022
A A call this number 1 (800) 375-5283 and ask for info pass if asked. it’d take you to a live agent. Tell the officer i you I need to speak to a tier 2 officer.
A AMar 24, 2022
Ola Ola thank you so much!!! I’ll try
Ola OlaMar 24, 2022
Ay dot the law didn’t say file citizenship after 3 years of the first greencard. How would you file citizenship without the 10 years greencard. If someone has a 10years greencard he can file for citizenship after 5 years while married to a USC. if you are granted 2 years greencard. You can file your i751 and if you are still married to your USC spouse you can go ahead and file n400 that is if your greencard is 3 years. A A, you can’t get in trouble they are human beings like us okay. Just call them and point out your mistake which I know they already see it was a mistake. Are you filing waiver or joint?
Ola OlaMar 24, 2022
User 07782 USCIS will never refund the payment back. All the poster needs is if sending 2 cases won’t affect the petition.
Ay dotMar 24, 2022
@ola if u can’t file it they would have reject ur application. if u are granted 2 yrs u will file i751 18months but if u are granted straight 10yrs u will wait 3yrs while u are still married or 5yrs if u are divorced. the worst they can do to ur application is to put it on pending to see if ur i751 approves.
Ay dotMar 24, 2022
removing condition doesn’t stop u from filling n400
Ola OlaMar 24, 2022
Ay dot if you file i751 before 90 days if your expiration greencard it’d be sent back as early filing. The poster only needs advice on how to handle 2 of the same petition that was sent.
Ay dotMar 24, 2022
@ola I advice to leave uscis alone and let them check on their end. but I suggest they won’t reject ur application.
Ola OlaMar 24, 2022
Ay dot that is filing concurrently and it depends on individual. if one isn’t eligible at the time of filing i751 one has to wait until eligible. And the poster asking USCIS is no biggie. The poster is just bothered it can happen to anyone. Uscis took their payment already and they didn’t send receipt notice which means they knows it was a mistake and also no RFE requested so the poster is good. the poster just wants to make sure it won’t affect any of her petitions
A AMar 24, 2022
Thank you everyone!! Your responses make me feel a bit better. I accepted I wouldn’t get a refund a long time ago so that’s not an issue 😂
Ola Ola - about receipt notice, I actually got NOA for the “bad” case as well, just a week later after the good case’s NOA. There was no movement on the bad case at the biometrics point, I only got reused biometrics letter for the good case which was after I sent the Vermont Office the withdrawal letter and that is what initially made me think they really did withdraw the bad case a year ago.
I did get 24month re-extensions for both cases in Nov tho now that I look at all correspondence and I guess it wasn’t really the Naturalization app that sped it all up, but it seems like the N400 brought all three together to one person’s hands.
Actually - maybe you guys know. Is this how it usually works? Like when they transfer different apps to one center like in my situation, is it handled by one officer?
Teejay01 olaMar 24, 2022
@AA please where is your field office ?
A AMar 24, 2022
Initially it was Vermont, now everything is at National Benefits Center.
A AMar 30, 2022
How would an immigration lawyer particularly help me get USCIS aware of a situation?
