Lost/Misplaced I-751 Application

[BodRac 0]

I hope someone can help me determine if I am in a lot of trouble and whether it's time to consider hiring a lawyer. 

 

Recent timeline of my case:

 

- I am a permanent resident with conditional status due to recent marriage
- On April 5, 2018 I mailed my completed I-751, all supporting documents, and a check for $680 to the California Service Center in Laguna Niguel

- The USPS website confirms that the package was delivered on April 6

- My conditional green card expired one week later, on April 14

 

Because I have not heard from USCIS at all and more than 30 days have passed, I just called their customer service number and the person on the phone said she cannot see any record of them receiving my application. She also asked me if the check had been cashed, which I had not thought of checking before. It has not been cashed. 

 

She suggested I call again later in the week to escalate the issue and talk to a supervisor who may have access to additional information. However, she did suggest I may have to submit the application again. The problem is, obviously, that if I submit again, I will be doing so after my green card's expiration date.

 

Am I in a lot of trouble? Would you suggest I talk to a lawyer or can I still work my way through this by explaining to USCIS that I filed on time and the packaged was misplaced? 

 

Any advice will be appreciated. Thank you.

[milimelo 4,275]

I’d involve your congressman or senator immigration aide for this over a lawyer. 

 

Provide detailed info with screenshots when it was delivered and ask for help making sure your secondary petition is accepted and processed and you’re not penalized. 

 

~also moving to ROC forum~

[ApplyingforN400 126]

I would not involve them yet. Resend everything and include a cover explaining why it was filed late. 

 

I have yet to see an application filed for late filing. You’ll be absolutely fine, especially only couple of weeks after the deadline. 

[TJEsq 0]

Any luck with you Petition Bodrac. I agree with the above. It should not be an issue so long as you properly and timely filed the first Petition. If you will refile, explain in the cover letter that you are refiling because the first Petition is lost or misplaced. Include the tracking information (Receipt and Online Snapshot of delivery confirmation) of the first Petition as evidence of timely filing. 

[Ash.1101 1,755]

Do NOT refile, you will be charged for every filing you do.

 

please go to the April filers thread, you and everyone else there are in the same boat. when they say they can’t find the case, it just means it hasn’t been input in the system, they do not get put in the system when they arrive. Checks for April 6th JUST started getting cashed within the last day or so.

 

waiting time right now is 45+ days. Reps at USCIS are telling people to wait up to 60 days.

[BodRac 0]

TJ and Ask, very timely posts. My check was just cashed earlier today, so it looks like I’ll be OK. I also had an InfoPass appointment last week where they told me same thing: they are backlogged with I-751 applications and they recommended I wait a few weeks before doing anything. I’m glad I didn’t re-submit!

[TJEsq 0]

Glad all worked out. Thanks for the information Ash. I was thinking about refilling after the 30 day mark as my wife's green card just expired and the application was delivered 21 days ago. I will wait and see what happens.