I-90 Application to Replace Permanent Resident Card Denied!!!

[DedicatedWife 4]

Help!!! Has anyone had their I-90 Application to Replace Permanent Resident Card denied and what were the reasons???

Here's our story: We were approved on our I-485 on June 16, 2010. We never received the GC. My husband and I called and was told we needed to complete the I-90 application and that we would not have to pay a fee since he never received the card. So we fill out the application and get a NOA on September 27, 2010. Today we get e-mail/text notification that a decision has been made: Denied and the reason(s) why is being mailed to us. Our next steps or options will be included in the letter...for some reason I feel like they want the fee paid.

Can anyone else share their experience? Please don't tell me we're the only ones to ever go through this in the history of VJ

Thanks!!!!

[YuAndDan 153]

Unfortunately "Lost in Mail" tends to be a hard one to prove, USCIS probably has record of mailing the card, and no record of it being returned and undeliverable.

This is one of those cases where you may have to bite the bullet and pay the $450 FEE for a replacement card.

[DedicatedWife 4]

Unfortunately "Lost in Mail" tends to be a hard one to prove, USCIS probably has record of mailing the card, and no record of it being returned and undeliverable.

This is one of those cases where you may have to bite the bullet and pay the $450 FEE for a replacement card.

Thank you YuAndDan...that's what I'm thinking as well. Just hurts to have to come out of our pockets once again! I'll wait and see what the actual letter says!

[milimelo 4,205]

Or not - OP if all other mail has made it to you and you haven't moved - stand your ground and involve the congressional liaison for assistance with this.

It should be up to USCIS to prove they created AND mailed the green card - they don't have the proof yet they demand you pay again for service you already paid for which they never delivered.

PM me if you want to see what we sent to my husband's congressman when my green card (CR-1) hasn't been mailed in over 6 months after POE. We fought and got it in the end with the assistance of congressman - 1 month shy of 1 year anniversary of POE.

[rika60607 215]

How badly do you want to have the card?

If your lost GC is conditional, you could wait out until it is time to remove conditions and then get a 10 year GC. You could ask for a stamp in your passport at the USCIS office for now.

Do you have your name on your mailbox? They will not leave GC there if it is not (even though the rest of the mail is delivered no problem).

[RICARDO4EVA2 194]

How badly do you want to have the card?

If your lost GC is conditional, you could wait out until it is time to remove conditions and then get a 10 year GC. You could ask for a stamp in your passport at the USCIS office for now.

Do you have your name on your mailbox? They will not leave GC there if it is not (even though the rest of the mail is delivered no problem).

I dont think they will get a stap if they cannot show evidence/proof that a case is pending.

[RICARDO4EVA2 194]

PM me if you want to see what we sent to my husband's congressman when my green card (CR-1) hasn't been mailed in over 6 months after POE. We fought and got it in the end with the assistance of congressman - 1 month shy of 1 year anniversary of POE.

You really went through a journey... glad you're able to share.

[JAPrincess 27]

DW

Just popping in to show my support girl!

Hope you are able to get this resolved with the help of congress without having to pay the fee over!

Give thanks that he is here, he is legal, and you have proof you did everything needed on your part!

I am praying the card soon come!

[rika60607 215]

Yeah?

Hi officer,

I have landed a job, but to hire me, they need me to show them a proof of my status...

(my current job is asking to show them a renewed document)

(I am going to visit my family in another country next month)

Can I pleeease have a stamp?

It is highly unlikely they will say no.

It is highly likely they will say you should file to re-place it. So you answer - I did and they denied me, so I am trying to figure out what to do, but meanwhile, I want the stamp, please!

They will give the stamp. In the unlikely event that they don't, what have you lost, a trip to USCIS?

I dont think they will get a stap if they cannot show evidence/proof that a case is pending.

[MRStee 19]

Im here to show some support too. They KNOW they are wrong... Just try to fight it cuz and talk to the other member here who had the same issues. The members on this site are so helpful... Sometimes I just don't understand this process. USCIS are a trip. Just contact the Congressman's office and stay on it (which I know you will). I would be hotter than fish grease too!

[RICARDO4EVA2 194]

Yeah?

Hi officer,

I have landed a job, but to hire me, they need me to show them a proof of my status...

(my current job is asking to show them a renewed document)

(I am going to visit my family in another country next month)

Can I pleeease have a stamp?

It is highly unlikely they will say no.

It is highly likely they will say you should file to re-place it. So you answer - I did and they denied me, so I am trying to figure out what to do, but meanwhile, I want the stamp, please!

They will give the stamp. In the unlikely event that they don't, what have you lost, a trip to USCIS?

Understood but again you have to be able to show proof of Residency they dont just issue out I-551 stamps of "convenience" just because you explained an issue. No. The stamp will only be given if you're able to prove your case. So for this purpose... She can try doing one of two things.. 1. taking the original approval notice dated June 16, 2010 to the office to request a stamp on the basis that the cased was never received... which would lead to number 2. Showing them the September 27, 2010 notice that was received after filing to replace the PRC. The office would see that the case(2nd) was denied and could grant the stamp based on the FIRST approval or require they file again. But know that they cannot approve a stamp based on a denied application/something that wasn't accepted by USCIS upon receipt from the applicant. Someone talk to me if i'm not on track here..

Best of luck.

Edited January 27, 2011 by RICARDO4EVA2

[rika60607 215]

The stamp is given to prove the LPR status if there is no GC on hand.

Even if the OP re-applied with I-90, how long will it take to receive a new GC? Months.

So she will be given an I551 stamp, based on (1) her AOS was approved (2) she claims her GC to be never received.

OP, do not hide from the officer that your I-90 got denied. It does not matter. Denial based on lack of the questionable fee does not change the fact that you are an LPR and you currently have no paper to prove it (AOS approval letter is not sufficient for travel or work).

Let's see... I think I accumulated about 3 of those stamps in my passport

Understood but again you have to be able to show proof of Residency they dont just issue out I-551 stamps of "convenience" just because you explained an issue. No. The stamp will only be given if you're able to prove your case. So for this purpose... She can try doing one of two things.. 1. taking the original approval notice dated June 16, 2010 to the office to request a stamp on the basis that the cased was never received... which would lead to number 2. Showing them the September 27, 2010 notice that was received after filing to replace the PRC. The office would see that the case(2nd) was denied and could grant the stamp based on the FIRST approval or require they file again. But know that they cannot approve a stamp based on a denied application/something that wasn't accepted by USCIS upon receipt from the applicant. Someone talk to me if i'm not on track here..

Best of luck.

[RICARDO4EVA2 194]

The stamp is given to prove the LPR status if there is no GC on hand.

Even if the OP re-applied with I-90, how long will it take to receive a new GC? Months.

So she will be given an I551 stamp, based on (1) her AOS was approved (2) she claims her GC to be never received.

OP, do not hide from the officer that your I-90 got denied. It does not matter. Denial based on lack of the questionable fee does not change the fact that you are an LPR and you currently have no paper to prove it (AOS approval letter is not sufficient for travel or work).

Let's see... I think I accumulated about 3 of those stamps in my passport

I already told you and everyone else what the deal is... so there you go.

The OP did not receive the Decision letter in the mail to know the basis of the denial.. so how did you come to determine that it was a "missing fee?"... SMH. i'm done.

[Sean_and_Dora 0]

We went through the same problem of never receiving my wife's green card. Unfortunately we had to pay the $450 with the I-90 because my wife needed the I-551 stamp to travel to Colombia next week. We went to congressman Dan Lipinski's Chicago office here and all they did was call USCIS(who told them they mailed the card in Oct) and print us copies of the I-90(which we could have done at home). I also wrote to both Illinois senators but was not contacted by their offices either.

Some people have had luck fighting this but it could take months so you have to be persistent.

[DedicatedWife 4]

Thanks for all the responses and care and concern. I will update you guys on our progress with this! Stay tuned...