Lost Green Card

[nathan688 4]

Hi... I'm incredibly dumb and I lost my wallet somewhere with my green card inside 😭

 

I have 1 year left to remove the conditions on it. I'm wondering if I can get away with not having the green card and just remove the conditions next year?

 

Do you have to present your old green card to get the new one? Or just provide copies of the old one?

 

Thank you!

[Hypnos 6,576]

If you have a copy of the front and back then you may be able to get away with not filing an I-90 to get a replacement, though technically by federal law you are required to have your green card on your person at all times. 

 

If you don't have a copy of it then you'd need to file an I-90 regardless. 

Edited January 11, 2019 by Hypnos

[Crazy Cat 39,135]

I hope you made a copy of the back of the card......

[Going through 5,668]

You really should get it replaced...It's a pain, yes, but life happens----and if you need to travel anywhere, let's say due to a sudden emergency, or your legal status is ever called into question for whatever reason  you're going to wish you had a physical GC to make those situations a lot easier/less stressful instead of dealing with infopasses, stamps, and/or trying to prove legal residency in other ways.  Yeah, I know, odds are slim but...I like to think of every possible consequence when making action decisions about immigration-related stuff.

 

Then there's the whole legal requirement to have the GC on you at all times, as mentioned above.

 

For the ROC, unless you have a copy of the front AND back of the card, you're out of luck.

[C90 376]

Keep in mind that if you want to travel or are looking for a (new) job, you need a I-551 stamp in your passport as proof that you have a Greencard. Also, check what to do in case your I-90 is not ready before you have to file for ROC

[nathan688 4]

I have a few copies of the front and the back, yes.

 

Why do they make you carry it everywhere with you and then make it cost $500 to replace? 😭

[Hypnos 6,576]

To quote Oliver Twist, the law is an ###.

[Going through 5,668]

9 minutes ago, nathan688 said:

I have a few copies of the front and the back, yes.

 

Why do they make you carry it everywhere with you and then make it cost $500 to replace? 😭

$455.. a bit cheaper  😛 

 

The cost can be prohibitive to some, I agree.  I always looked at my GC (when I had one) as just another form of ID, really... kind of like people carrying a drivers licence everywhere...although obviously cheaper to replace a drivers licence (presumably the same amount of hassle!).  Honestly, it felt a bit weird for me the first day I *didn't* have to carry a GC on me anymore...I'd gotten so used to it, having it so long.

[mobilebucky 5]

1 hour ago, nathan688 said:

Hi... I'm incredibly dumb and I lost my wallet somewhere with my green card inside 😭

 

I have 1 year left to remove the conditions on it. I'm wondering if I can get away with not having the green card and just remove the conditions next year?

 

Do you have to present your old green card to get the new one? Or just provide copies of the old one?

 

Thank you!

My wife lost her CR1 card too, I suggest make an info pass appointment and explain the situation and see what they say.  File I90 won't help as that is for replacing lost 10 yr green card.  I made that mistake filing the I90 and pay another ($455+$85 for Biometric) and end up getting denied because by the time they review my case, I already filed my I-751 ROC (wife lost her card sometime around summer 2016, filed I90 Dec 2016, filed I751 in Sept 17, USCIS denied the I90 application on Oct 17) .  If you need to go out of the country in the mean time, just make an info pass appointment and have them give you a temporary 6 months stamp and renew it every 6 months until you get your IR-1 card.  She finally got her IR-1 card couple weeks ago.  In between, we made info pass appointment 3 times to renew her I-551 stamp in her passport.  The only other bad thing is every time when going through immigration at the airport, the IO will send us to a separate room for secondary verification.  Not a big deal, just sit in the room for an extra hour at the airport.

Edited January 11, 2019 by mobilebucky

[Going through 5,668]

2 minutes ago, mobilebucky said:

File I90 won't help as that is for replacing lost 10 yr green card.

Curious where you got that information from?

The USCIS website page for filing the i-90 makes no distinction between having a conditional or 10-year card when determining eligibility for filing for a replacement card.

[mobilebucky 5]

4 minutes ago, Going through said:

Curious where you got that information from?

The USCIS website page for filing the i-90 makes no distinction between having a conditional or 10-year card when determining eligibility for filing for a replacement card.

Well that is the problem, there was literally no information.  That is why I file i90 in the first place.  Only to receive a denied notice from USCIS.

 

For your info, here is the decision letter, I just took out some personal information.

 

Dear XXXXXXX:
Thank you for submitting Form I-90, Application to Replace Permanent Resident Card, to U.S.
Citizenship and Immigration Services (USCIS) under section 264.5 of Title 8, Code of Federal
Regulations (8 CFR).
On November, 2016, USCIS received your Form I-90. After thorough review of the information
you provided in your application and the documents supporting your application, USCIS has
determined that you are ineligible to be issued a replacement Form I-551, Lawful Permanent Resident
Card. Accordingly, USCIS must deny your Form I-90.

Statement of Facts and Analysis Including Ground(s) for Denial

USCIS records show that you were granted conditional permanent resident status on November 02,
2015 through a qualifying marriage to a U.S. citizen or lawful permanent resident. Individuals who
are granted conditional resident status through marriage, must file Form I-751, Petition to Remove the
Conditions on Residence, to petition for the removal of those conditions. See 8 CFR 216.4. Filing of
Form I-751 serves to extend conditional permanent resident status, and approval of Form I-751 results
in the creation of a new Form I-551, Permanent Resident Card.
On September, 2017 you filed Form I-751. Your Form I-751 is currently pending with USCIS.
Since the conditions on your permanent residence have not been removed, you are not eligible to
receive a replacement Form I-551, Permanent Resident Card. See 8 CFR 264.5(d).
USCIS will send you a Permanent Resident Card if your Form I-751 is approved. Your expired
conditional Permanent Resident Card along with your I-797 Receipt Notice for Form I-751 serves as
proof of your conditional permanent resident status, until a decision is made on your Form I-751.
You may not appeal this decision. However, if you believe that the denial of your Form I-90 is in
error, you may file a Form I-290B, Notice of Appeal or Motion, within 30 calendar days of the date of
this decision (33 days if you received this notice by mail). If we do not receive a motion to reopen or
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
2200 Potomac Center Dr Stop 2425
Arlington, VA 20598-2425

 

reconsider within the required period, this decision will become final. See 8 CFR 103.5 (a)(2).

Edited January 11, 2019 by mobilebucky

[Going through 5,668]

1 minute ago, mobilebucky said:

Well that is the problem, there was literally no information.  That is why I file i90 in the first place.  Only to receive a denied notice from USCIS.

I suppose if the 10-year card is already under production by the time the i-90 request has completed processing they'd have to deny the i-90 since only 1 card can be issued at a time, and they wouldn't want duplicates floating about.  That doesn't mean that i-90s are for replacing 10-year cards only, as you stated, though....seems the timing was bad in your case.  Sucks that you had to eat the fee for it  

[Villanelle 4,121]

4 minutes ago, Going through said:

Curious where you got that information from?

The USCIS website page for filing the i-90 makes no distinction between having a conditional or 10-year card when determining eligibility for filing for a replacement card.

 

2 minutes ago, mobilebucky said:

Well that is the problem, there was literally no information.  That is why I file i90 in the first place.  Only to receive a denied notice from USCIS.

Wow you filed the i90 in Dec '16 and didnt get it before ROC in Sept '17?! Such a shame! You did nothing technically wrong. If someone loses their card (2yr or 10yr) they can file an i90 for a replacement. (You are suppose to) But it seems you got screwed because when they finally got to getting around to your i90 filing your card was expired so they couldnt issue a replacement... Stinks. I dont know if its worth looking into if you can get a refund for the i90 fee? Its a weird situation because you can argue that due to their extra long processing times for the i90 it took so long that your card expired. 9 months ahead of the card expiring is a long time to file for a replacement. You can argue the instructions should state somewhere to NOT file the i90 if you dont have X amount of time left before it expires and if you got a NOA receipt for the i90 include it as proof it was a valid submission when you sent it in. It will probably be a headache to ask for the fees back and a lot of back and forth- but theres a chance you might be successful.

[mobilebucky 5]

1 minute ago, Going through said:

I suppose if the 10-year card is already under production by the time the i-90 request has completed processing they'd have to deny the i-90 since only 1 card can be issued at a time, and they wouldn't want duplicates floating about.  That doesn't mean that i-90s are for replacing 10-year cards only, as you stated, though....seems the timing was bad in your case.  Sucks that you had to eat the fee for it  

That is why I suggest make the infopass appointment first.  With the slowness on all type of applications, they may just put a stamp on the passport and wait until it is time to file ROC.

[aaron2020 11,651]

USCIS does not do refunds.