Error on GC Expiration Leading to Status Termination

[CanadaToCT 5]

Hi All,

 

I'm hoping someone has some relevant (and successful) experiences to my situation, that will help me get an idea of the process that I face going forward.  The principal issue that I face right now is that my Conditional Green Card was issued with the wrong expiration date, and I did not file to remove conditions prior to that incorrect expiration date.  I have recently received a letter stating that my status has been terminated based on the incorrect dates that were printed on my card.  My timeline is followed starting just prior to my AOS application

 

2011-2015 In US on a TN status

3/2015 Married to USC wife

~6/2015 Submitted I-130, I-485 and EAD and AP applications to adjust status based on marriage to USC

No RFE's were received and EAD was issued in approximately 2.5 months

1/21/2016 Had interview, received updates that status was approved later that afternoon

2/3/2016 Received green card

-Nobody noticed at the time, but the green card had an issued date of 1/21/2015, and an expiration date of 1/21/2017 which is incorrect.  Should be 2016 and 2018

1/23/2017 I-90 submitted to correct issued and expiration dates.

9/20/2017 VSC sends letter notifying me that my conditional residency has been terminated for failing to apply to remove conditions.

 

Per this timeline, my GC should have been issued with an expiration date of 1/21/2018, and we would be preparing to apply for removal of conditions starting October 2017.  All of this has been thrown into chaos since receiving the termination letter, and it is unclear how to fix this issue.

 

I have since worked with my attorney to open a service request, and had an infopass appointment today, where I convinced the IO to do a supervisory review of my file in an attempt to fix this situation before I am given a court date.  The overall response from USCIS so far has been that they agree that there is an issue, but no one seems to know how to fix it.  

 

Does anyone have experience with a similar situation? We are trying to get USCIS to review my file, correct the dates, and rescind the termination notice and restore my status.  It has just proven difficult to talk to someone who is interested in looking into the issue, let alone who has the authority to make corrections to my file.  

 

Other options include presenting my case to an immigration judge once I get my notice to appear, and contacting the Ombudsman, and/or my Representative or Senator for assistance.  

 

Thanks everyone!

[Suss&Camm 2,213]

You didn't notice it for a full year? 

[CanadaToCT 5]

7 minutes ago, Suss&Camm said:

You didn't notice it for a full year? 

We didn't notice.  I think it was because it was early in a new year, so the year part of the date being wrong didn't stick out as much.  I think that is part of why the error was made in the first place. Obviously would have been easier to fix right away.  

[Cyberfx1024 7,980]

36 minutes ago, CanadaToCT said:

Hi All,

 

I'm hoping someone has some relevant (and successful) experiences to my situation, that will help me get an idea of the process that I face going forward.  The principal issue that I face right now is that my Conditional Green Card was issued with the wrong expiration date, and I did not file to remove conditions prior to that incorrect expiration date.  I have recently received a letter stating that my status has been terminated based on the incorrect dates that were printed on my card.  My timeline is followed starting just prior to my AOS application

 

2011-2015 In US on a TN status

3/2015 Married to USC wife

~6/2015 Submitted I-130, I-485 and EAD and AP applications to adjust status based on marriage to USC

No RFE's were received and EAD was issued in approximately 2.5 months

1/21/2016 Had interview, received updates that status was approved later that afternoon

2/3/2016 Received green card

-Nobody noticed at the time, but the green card had an issued date of 1/21/2015, and an expiration date of 1/21/2017 which is incorrect.  Should be 2016 and 2018

1/23/2017 I-90 submitted to correct issued and expiration dates.

9/20/2017 VSC sends letter notifying me that my conditional residency has been terminated for failing to apply to remove conditions.

 

Per this timeline, my GC should have been issued with an expiration date of 1/21/2018, and we would be preparing to apply for removal of conditions starting October 2017.  All of this has been thrown into chaos since receiving the termination letter, and it is unclear how to fix this issue.

 

I have since worked with my attorney to open a service request, and had an infopass appointment today, where I convinced the IO to do a supervisory review of my file in an attempt to fix this situation before I am given a court date.  The overall response from USCIS so far has been that they agree that there is an issue, but no one seems to know how to fix it.  

 

Does anyone have experience with a similar situation? We are trying to get USCIS to review my file, correct the dates, and rescind the termination notice and restore my status.  It has just proven difficult to talk to someone who is interested in looking into the issue, let alone who has the authority to make corrections to my file.  

 

Other options include presenting my case to an immigration judge once I get my notice to appear, and contacting the Ombudsman, and/or my Representative or Senator for assistance.  

 

Thanks everyone!

I don't notice anything wrong with it they went back to when you initially filed in 2015 so as of right now your green card is not valid. 

You got your green card in 2016 but they go back to 2015 when you and your silly filed so that's why it went for 2015. 

[Cyberfx1024 7,980]

21 minutes ago, CanadaToCT said:

We didn't notice.  I think it was because it was early in a new year, so the year part of the date being wrong didn't stick out as much.  I think that is part of why the error was made in the first place. Obviously would have been easier to fix right away.  

I think that is the biggest issue is that you didn't notice for over a year if you thought it was wrong then you should have done something about it right away not a year later.

[CanadaToCT 5]

9 minutes ago, cyberfx1024 said:

I don't notice anything wrong with it they went back to when you initially filed in 2015 so as of right now your green card is not valid. 

You got your green card in 2016 but they go back to 2015 when you and your silly filed so that's why it went for 2015. 

That's not correct at all. The issue date is based on when the application was approved. And if it was true, the expiration would be in June not January.

[Suss&Camm 2,213]

35 minutes ago, cyberfx1024 said:

I don't notice anything wrong with it they went back to when you initially filed in 2015 so as of right now your green card is not valid. 

You got your green card in 2016 but they go back to 2015 when you and your silly filed so that's why it went for 2015. 

OP is correct. The card should state when the petition was approved. I've seen the error happen b4, but I've never seen a case where it wasn't noticed in time to file an i90.

[MaleAlpha 314]

37 minutes ago, cyberfx1024 said:

I don't notice anything wrong with it they went back to when you initially filed in 2015 so as of right now your green card is not valid. 

You got your green card in 2016 but they go back to 2015 when you and your silly filed so that's why it went for 2015. 

That's incorrect. The issue date is the day the application is approved not when you filed (else it wouldn't make sense for folks whose applications take about 2 years to process). USCIS messed up and need to fix it. The OP's green card is still valid and not expired.

[mindthegap 2,590]

I would just go straight to a Senator.. if they say they will help (assuming they reply) it will be actioned far quicker than just leaving it to USCIS

[CanadaToCT 5]

7 minutes ago, mindthegap said:

I would just go straight to a Senator.. if they say they will help (assuming they reply) it will be actioned far quicker than just leaving it to USCIS

That's what I've been thinking. They would probably have contacts with people at USCIS who are able to take action without bouncing me between more offices

[mindthegap 2,590]

31 minutes ago, CanadaToCT said:

That's what I've been thinking. They would probably have contacts with people at USCIS who are able to take action without bouncing me between more offices

Well. yes, that was exactly my point....see my timeline for a prime example of when USCIS screws something up.

I contacted one Senator and 2 congresspeople earlier this year and did not get a reply from any of them, so remained at the mercy of whatever pain USCIS deems appropriate.

 

I contacted another Senator last week and they emailed me within 24hrs and called me within 4 days.. everything I read says that IF they say they will help you and contact USCIS, things usually get moving quickly. You have nothing to lose!

Edited October 5, 2017 by mindthegap

[milimelo 4,500]

Absolutely straight to congressman or senator's immigration liaison. They have direct line of communication with USCIS (phone, fax and email) and can sort this out for you. Clearly USCIS error. 

[C-ma'am 684]

10 hours ago, milimelo said:

Absolutely straight to congressman or senator's immigration liaison. They have direct line of communication with USCIS (phone, fax and email) and can sort this out for you. Clearly USCIS error. 

^^^This. Like, now.

[CB & FM 43]

On 10/5/2017 at 7:02 PM, CanadaToCT said:

That's what I've been thinking. They would probably have contacts with people at USCIS who are able to take action without bouncing me between more offices

Don't email or send a letter. Go straight to their local office and make contact directly. That's what I did with my K-1 petition when it had been more than 6 months waiting. Within a week of my representative making an inquiry as to our case, the petition was approved.

 

As to your GC expiration date error, a similar thing happened to us. We were approved for the AOS in June 2016 but they issued the card based on POE date of Jul 2015. We noticed the date but did not realize the error. We asked others here about not having a 2 year period on the card and they thought that it would be OK. We did not ask USCIS. The difference in our case ns yours is that we did file the I-751 based on the incorrect date. Our file was returned with an explanation letter. It told us that our GC dates were in errror due to the USCIS and that they had corrected the status error and our expiration date would be in JUne 2018. they also informed us that we should file an I-90, replcement of GC, form which we have done but noticing the processing time on the website for this form it is taking almost 11 months to complete. Our problem was needing to travel outside the US. We found out that you could make an Infopass appt and request an ADIT also known as an I-551 stamp or passport stamp. This remedy worked for us as we just returned from Canada this past Friday without incidence. In our case, we fortunately still have the ability to file our I-751 at the appropriate corrected date prior to June 2018. It has been a bit frustrating but not so stressful as your case seems to be.

 

I hope that you will be able to resolve this issue. It was the VSC that noticed the error for us. But as ours was noticed in regards to an I-751 submission, it just required us to wait a little longer to reapply for ROC. Good luck. Keep us informed.

[afrocraft 313]

As someone who is in a similar but less dire situation, I'm sorry for the tone people have used to describe the fact that you didn't note the wrong date on your Green Card. I was lucky to notice the error on mine when I started researching my removal of conditions -- almost a full year after I received my card.

 

Had I not started that research earlier, I wouldn't have picked up that error in time, would have missed the deadline for ROC, and would've also fallen out of status. I put in an I-90 application back in March, and still haven't heard back, so I recently applied for ROC with the correct date just to be safe. 

 

I hope you resolve your issue quickly. You deserve better from USCIS.