Returning your Green Card because of USCIS error. Form i90

[apple21 953]

speechless?

More of shocked.

[profesori 0]

I'm thinking to write a sworn statement, and also a sworn statement from my spouse that witnessed that I submitted the original GC with my application - don't have better ideas.

I need to write a nice one, without expressing anger but brain is not working right now...any ideas will be appreciated...

Edited September 27, 2014 by profesori

[apple21 953]

I'm thinking to write a sworn statement, and also a sworn statement from my spouse that witnessed that I submitted the original GC with my application - don't have better ideas.

I need to write a nice one, without expressing anger but brain is not working right now...any ideas will be appreciated...

Sorry for the late reply.

Honestly, I have no idea what to do with your case. I'd probably freak out!

Hope you get it sorted out. Keep us posted.

[profesori 0]

good thing is that the card and the status are unrelated, bad thing is that this will take a lot of time to get resolved.

I did replied to the RFE with 2 sworn statements, one from me and the other one from my spouse both indicating the facts why the GC is not in our possession. We've been outside US 3 times and I had to use the stamp on passport to get back in. If I had a GC why should I have used the temporary stamp. Also I sent them a copy of GC which I made before sending it in and I requested my file been reviewed by a supervisor too.

Mail was delivered yesterday and I don't know how much time it will take for USCIS to acknowledge the receipt of the RFE response.

I see this case going two ways:

1. They understand the situation and print the new GC

2. They don't understand the situation, deny my application and in the end I've to refile with the option that the card has been lost and pay the $450 fee. They will print the 10 year card again and I will keep it unless I'm told to return it as the government made a mistake - as the law states.

If government judged that I wasn't a conditional resident to start with why should this be my problem. Sometimes knowing to much immigration laws hurt you. As a common person you have no way to know that the term conditional resident exist and the legal burden is not on us to search for the law but for the government to notify us if they make a mistake, as the law states.

To file to remove condition costs $590 so it is still two expensive and will be cheaper to get the new 10 year card in case they deny my application as they don't want to do their job as the law demands.

[profesori 0]

good thing is that the card and the status are unrelated, bad thing is that this will take a lot of time to get resolved.

I replied to the RFE with 2 sworn statements, one from me and the other one from my spouse both indicating the facts why the GC is not in our possession. We've been outside US 3 times and I had to use the stamp on passport to get back in. If I had a GC why should I have used the temporary stamp. Also I sent them a copy of GC which I made before sending it in and I requested my file been reviewed by a supervisor too.

Mail was delivered yesterday and I don't know how much time it will take for USCIS to acknowledge the receipt of the RFE response.

I see this case going two ways:

1. They understand the situation and print the new GC

2. They don't understand the situation, deny my application and in the end I've to refile with the option that the card has been lost and pay the $450 fee. They will print the 10 year card again and I will keep it unless I'm told to return it as the government made a mistake - as the law states.

If government judged that I wasn't a conditional resident to start with why should this be my problem. Sometimes knowing to much immigration laws hurt you. As a common person you have no way to know that the term conditional resident exist and the legal burden is not on us to search for the law but for the government to notify us if they make a mistake, as the law states.

To file to remove condition costs $590 so it is still two expensive and will be cheaper to get the new 10 year card in case they deny my application as they don't want to do their job as the law demands.

[apple21 953]

I understand your frustration.

I don't mind paying $590 ROC fee. Better to sort everything out at this point rather than have complications when applying for citizenship in the future.

[profesori 0]

And that's what I was trying to avoid, later complications, but if your immigrant visa has a category of F21 and after you enter US the CBP officer still admits you as F21 and GC comes as F21 (as in my case) then there is no condition created in the system. If somehow one of the above categories was C21 and others were F21 then I can see that we have a conditional record in the system, but if C21 is not mentioned or written in any category then we are asking USCIS to create one in the system for us, which is the right thing to do, but if we don't do this its not our fault either as as a common immigrant person we are not held responsible for knowing immigration laws. Even common citizens don't know these laws. Just ask a common person and I bet they don't know. So its up to the government to inform us about our status and explain what that means. If that doesn't happen (as the law demands too) then a common person, by default, should trust and not second-guess a government produced document. I think we are creating more work for USCIS to actually create a condition for us in the system and perhaps they are not happy that we are second-guessing them, where they don't think a mistake has been made.....

[apple21 953]

I couldn't care less if USCIS is happy or not, bottom line is they must do the necessary corrections because its their JOB to do so.

Edited October 2, 2014 by apple21

[profesori 0]

my point wasn't their happiness but government obligation to inform its residents about their correct legal status and the burden is not in the resident to research laws and understand and interpret laws, so even if we didn't filled out forms to correct an USCIS error you should had been fine as perhaps a condition was not reflected on the system.....

They have not changed the online status yet to reflect that the RFE response was received.

[profesori 0]

status update:

Post Decision Activity

We reopened this I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD on October 3, 2014, and are now reviewing our earlier decision.

[apple21 953]

status update:

Post Decision Activity

We reopened this I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD on October 3, 2014, and are now reviewing our earlier decision.

Sounds good.

[profesori 0]

Perhaps, not sure. I was expecting "Request for Evidence Response Review" not case reopened as the case was never closed. On hold with L2 support again. Curios what they will have to say...

[profesori 0]

The IO, which was super nice, great communicator, he opened a service case in order to find out if the card was found and if they actually received the RFE response. Also he mentioned on the service request the reason why the form was initially filled and he agreed that was a USCIS error but the error is not visible in the system....

[apple21 953]

Update:

I have to re-do my biometrics.

[profesori 0]

this time you have to smile at biometrics