New process

[gemini23nj 2]

Ok here is a new one. My best friends husband had his interview for AOS in January of 2007. He was told that he passed the interview, but they did not have FBI security clearance for him. He waited, and waited months went by nothing. His work authorization expired, he had to renew to remain in status.

Well, at the end of March 2008 her received his 10 year GC!!! They will not have their two year aniversary until August of this year. He will not have to apply to lift conditions.

I am very happy for them, but I just don't get it. Has anyone heard of this happening?

[zyggy 9]

Ummmm.. no...

USCIS made an error.. this does not relieve him of the requirement of fileing for removal of conditions. He has to file two years after his approval of PR.

If he files the I-751 and they kick it back, then he has evidence that he attempted to comply with the requirement.

[kmineo 0]

I would have to disagree with zyggy, but only based purely on my opinion so take my opinion for what it is worth. If it is a 10year GC then you don't have to file to remove conditions b/c the GC doesn't have any conditions on it. It is highly unusual that they did that though. I like to use the old monopoly saying "bank err in your favour collect 100".

[zyggy 9]

Sorry.. the law is clear... and you have a responsibility to obey the law... no matter if USCIS screwed up or not...

If USCIS made an error against you, you would want things to be right... it works the other way around.

The law states that all those who were granted PR status before their two year anniversary must file for removal of conditions before the 2-year anniversary of their PR status. If you do not obey the law, USCIS has the right to deport you. Their error is not considered an acceptable defense especially in light of the possibility of their having a signed statement recognizing the requirement signed at the time of his interview.

It would be folly to not protect everything that you have worked toward.. You must file for removal of conditions at the proper time with an explanation of their error. If they reject it, then you can safely say that you made an attempt to comply with the law.

Edited April 24, 2008 by zyggy

[gemini23nj 2]

I would have to disagree with zyggy, but only based purely on my opinion so take my opinion for what it is worth. If it is a 10year GC then you don't have to file to remove conditions b/c the GC doesn't have any conditions on it. It is highly unusual that they did that though. I like to use the old monopoly saying "bank err in your favour collect 100".

Well, if USCIS makes an error, it is up to the applicant to spend money, send proof and wait for the USCIS to correct their mistake. Their error or not, it would never stand up in court. If they granted the 10 year GC, how could they possibly put the responsibility on the applicant. They never provided the information on removing conditions as the final decision and date was not give at the interview.

I am going to tell my friend to at least make an appointment with a Immigration lawyer, but I would be the farm that they will be just fine!

Edited April 25, 2008 by gemini23nj

[tammiandtom 0]

Sorry.. the law is clear... and you have a responsibility to obey the law... no matter if USCIS screwed up or not...

If USCIS made an error against you, you would want things to be right... it works the other way around.

The law states that all those who were granted PR status before their two year anniversary must file for removal of conditions before the 2-year anniversary of their PR status. If you do not obey the law, USCIS has the right to deport you. Their error is not considered an acceptable defense especially in light of the possibility of their having a signed statement recognizing the requirement signed at the time of his interview.

It would be folly to not protect everything that you have worked toward.. You must file for removal of conditions at the proper time with an explanation of their error. If they reject it, then you can safely say that you made an attempt to comply with the law.

I totally agree with this. You have to follow the law, or maybe face deportation. It doesn't matter if they made a mistake.

[Jessiesgirl 0]

Actually it doesnt seem to be that unusual the same thing has just happened to a friend of mine. She was also caught in the FBI name check, and at the beginning of March also got her 10 year green card.

[russian_armenian 4]

Somebody wrote on this forum way back about the same error. I don't remember the whole tread exactly, but think the error had to be corrected (after consultations with USCIS or lawers). Just don't remember all details (I think there is been long FBI clearance too). I was surprised to read about it. Sounds like a common error. If have time, just scroll back Removing Conditions Discussions.

PS: my two cents regarding two opinions immerged here (prepare I-751 or be happy with the error). Clear illustration of differant cultures. In US, Canada, UK usually no gains from gov errors-at the end, law will prevail (in most situations and in people's mind-so, the process would be even more complicated and lengthy). In many other parts of the world-favorable gov errors are viewed as lucky (since nobody would correct them in most cases).

Actually it doesnt seem to be that unusual the same thing has just happened to a friend of mine. She was also caught in the FBI name check, and at the beginning of March also got her 10 year green card.

[zyggy 9]

I would have to disagree with zyggy, but only based purely on my opinion so take my opinion for what it is worth. If it is a 10year GC then you don't have to file to remove conditions b/c the GC doesn't have any conditions on it. It is highly unusual that they did that though. I like to use the old monopoly saying "bank err in your favour collect 100".

Well, if USCIS makes an error, it is up to the applicant to spend money, send proof and wait for the USCIS to correct their mistake. Their error or not, it would never stand up in court. If they granted the 10 year GC, how could they possibly put the responsibility on the applicant. They never provided the information on removing conditions as the final decision and date was not give at the interview.

I am going to tell my friend to at least make an appointment with a Immigration lawyer, but I would be the farm that they will be just fine!

1) There was no decision made at our interview, yet we were repeatedly told about the requirement and signed a form acknowledging the requirement.

2) There is a Supreme Court decision that shoots your logic down. THe Supreme Court has ruled that a government mistake is no defense against not following the law.

WHy take the risk.. what are you really saving.. because I guarantee you that they will find their mistake eventually and they're not the one who is going to suffer the consequences.

Edited April 25, 2008 by zyggy

[Staashi 371]

If I was your friend, I would contact USCIS to make an Infopass appointment - better to be well informed than an Immigration Idiot.

[ihateemo 0]

I am going to tell my friend to at least make an appointment with a Immigration lawyer, but I would be the farm that they will be just fine!

I wouldn't bet anything. Tell them to make an Infopass appointment instead.

[noone 0]

It is very interesting, this year I've been hearing a lot about this 'mistake' on the forums, from friends, friend of a friend etc. I always advise everybody to follow the rules and still apply for the removal of conditions, but I'm starting to question: Why the USCIS is doing this repeatedly?!

[zyggy 9]

THis is a case of penny wise and pound foolish...

What is cheaper and easier... spending the $450 or so on the I-751 at the proper time with the chance that they kick it back to you and you're safe (and what you were fully expecting to do in the first place)... or do nothing with the risk of spending thousands of dollars on legal fees and spending countless hours in court fighting a removal order....

Don't think this doesn't happen... check out posts on BritishExpats from a pretty well known immigration lawyer, Stuart Folinsky who posts as folinskyinla. He has defended several people who got themselves in this very situation...usually when USCIS finds their mistake during Naturalization or GC renewal...

The choice is yours...

Edited April 25, 2008 by zyggy

[zyggy 9]

It is very interesting, this year I've been hearing a lot about this 'mistake' on the forums, from friends, friend of a friend etc. I always advise everybody to follow the rules and still apply for the removal of conditions, but I'm starting to question: Why the USCIS is doing this repeatedly?!

This is basically a data entry error... if 1% had this happen to them, that would result in a statistically significant amount of people...

Edited April 25, 2008 by zyggy

[russian_armenian 4]

I agree with zyggy-it will hunt you sooner or later, at citizenship stage for sure (and you would need a lawer and $$$ to clear this mess even if it is not your mistake. Lawer would have to find a defence strategy) I would not make infopass or tell about error to USCIS, but would send I-751 at 2 years minus 90 days deadline. Having 10y GC would be more convienient when you travel, change jobs, etc. Status is the same -permanent resident-with conditional GC and 10yGC. Just no need for I-551 stamps.

THis is a case of penny wise and pound foolish...

What is cheaper and easier... spending the $450 or so on the I-751 at the proper time with the chance that they kick it back to you and you're safe (and what you were fully expecting to do in the first place)... or do nothing with the risk of spending thousands of dollars on legal fees and spending countless hours in court fighting a removal order....

Don't think this doesn't happen... check out posts on BritishExpats from a pretty well known immigration lawyer, Stuart Folinsky who posts as folinskyinla. He has defended several people who got themselves in this very situation...usually when USCIS finds their mistake during Naturalization or GC renewal...

The choice is yours...