Is it possible to fight USCIS

[kfddakota 1]

My immigrant wife came to America from Belarus in August 13, 2015 and we were married on September 19, 2015. We applied for change of status in October 2015 and received our Green card the first week of February 2016. Upon inspection of the card the "resident since" date showed January 25, 2015 and "expires" date showed January 25, 2017. The dates should have been 2016 to 2018, respectively. I filed an I-90 to replace the green card in March 2015 and finally heard a decision on January 17, 2017 that stated I am ineligible for a replacement card because her name was not incorrect. I never filed it due to her name, but the dates being incorrect. I called a supervisor at USCIS and he noticed the error in the dates and he stated that he would send that in an email to administration to get this sorted out. This week I received a follow up letter from USCIS stating it was about my call last week concerning the incorrect information on my wife's card. It also stated that it was denied again due to her name not being spelled incorrectly. My only option they tell me is to file an I-290B, but I do not feel like I should have to pay the I-290B fee of $650 to contest their ruling when the mistake is theirs and they have made it 3 times now. What are my options? This almost feels like extortion.

[Dashinka 23,241]

Have you considered an Infopass appointment as I think this might be the best next step?  Since the dates are wrong, this will impact you at the ROC stage as if you file for the I751 according to the date on the GC, it may be denied as you won't have been married for two years yet.  Others may have more relevant experience, but I would go with the Infopass appointment and speak to someone face-to-face.

 

Good Luck!

[milimelo 4,195]

Your local congressman or senator's immigration aide can sort this out very fast. They have direct numbers to congressional unit in USCIS as well as their emails. Go online to your representative website, download the release form and bring with your evidence (marriage certificate, passport) to a walk-in or scheduled meeting. 

[kfddakota 1]

Thanks for the advice to go see my local Congressman. I called and they have an immigration liaison who was willing to help me. I gave her all the information she requested this past Sunday, and Monday she forwarded it to the Potomac processing center. 4 days later, today, she sends me the forwarded email that says that they reopened the case and actually approved my request since the mistake was on their end. Must be nice to get problems worked out so quickly when you use the Congressional avenue of getting things done.  

Edited February 11, 2017 by kfddakota

[Greg.D. 8]

Did you still need to use the I-290B form and "appeal" the incorrect information?

 

Or, did the congressman get around that?

 

thanks,

Greg

[kfddakota 1]

I didn't fill one out. I don't know what the Congressman's liaison sent in the email to the Potomac service center but they were able to solve it very rapidly on their own without having to contact me at all.