Never received Green card and Denied I-90 -- Please help!

[Luxxy 0]

I need your advice. I got a letter from USCIS stating that the termination of the I-90 due to the green card was produced and mailed and card was returned to USCIS by USPS as undeliverable. And I don't know how to get USCIS to provide my mom's green card as we weren't able to appeal this decision within the 33 days window. 

 

In 2018, I filed a petition to bring my mom to US. In January 2019 I filed a change of address and then ordered her green card.  We waited for months for her card but we didn't receive it. In September 2019 my mom and I went to the local USCIS office to inquire about her card, and we told them that we never received it, but we were told it was delivered to my old address and they also advised us to file a lost card and a replacement. So we did that and USCIS received the I-90 on October 25, 2019. In September 2020, we got a letter of denial of the card replacement and terminating the I-90 application.  This is what stated in the letter: 

 

"USCIS records show that a Form I-551, Permanent Resident Card, for receipt number
IOxxxxxxx was produced and mailed on March 26, 2019 and that this card was returned to
USCIS by the United States Postal Service as undeliverable. USCIS retained your card on file for one
year and later destroyed it after not receiving any contact from you. Approving this Form I-90 will
result in a duplication of this benefit. Therefore, USCIS must terminate this application."

 

If they said they retained the card for a year, why didn't just mail the card again when my mom and I went the local USCIS office to communicate with them that we didn't receive the card 5 months after they produced and mailed the card to the wrong address and declared undeliverable.

 

I believe this decision is in error. What should I do? My mom misses her grandchildren and she would like to visit them this coming Christmas. Please help me. 

 

Thank you so much in advance.

Edited November 16, 2022 by Luxxy

[OldUser 5,026]

Well, it's been almost 4 years since the card was lost. Now you're trying to get it resolved in less than two months? Sorry to tell you, but it's unlikely a new green card is going to be issued that quickly.

Probably need another I-90 petition and cover letter explaining her original card was never delivered. Is she still in the US?

[Luxxy 0]

6 minutes ago, OldUser said:

Well, it's been almost 4 years since the card was lost. Now you're trying to get it resolved in less than two months? Sorry to tell you, but it's unlikely a new green card is going to be issued that quickly.

Probably need another I-90 petition and cover letter explaining her original card was never delivered. Is she still in the US?

I know it has been that long. We waited patiently while dealing with other life challenges and we didn't really think about complaining. 

 

And yes, she is still in the US.

 

Thank you for your response. 

[nastra30 2,006]

5 hours ago, Luxxy said:

What should I do? My mom misses her grandchildren and she would like to visit them this coming Christmas. Please help me. 

Your mom should schedule an info pass with USCIS and try to obtain ADIT stamp that should allow her to travel. 

In terms, of the issue with your actual green card, you can do what @OldUserhas suggested or just get a lawyer. 

[powerpuff 5,951]

~~ Topic moved from Bringing Family members of US citizens to General Immigration discussion where I-90 questions are discussed ~~

[Mike E 11,725]

Did she pay a fee with the first I-90?

[luxylaxmi 1]

1 minute ago, Mike E said:

Did she pay a fee with the first I-90?

No, she didn't.

[Mike E 11,725]

1 minute ago, luxylaxmi said:

No, she didn't.

That’s why it was denied: USCIS didn’t accept fault.  
 

She can file a new I-90 for a lost card and pay the fee.  It will be years before a new card shows but in the  mean time she can request an I-551 stamp on her passport to let her travel. 

[luxylaxmi 1]

9 hours ago, nastra30 said:

Your mom should schedule an info pass with USCIS and try to obtain ADIT stamp that should allow her to travel. 

In terms, of the issue with your actual green card, you can do what @OldUserhas suggested or just get a lawyer. 

Thank you for your response. 

 

So I can still file another I-90 even I already filed one and got denied? I prefer to not use a lawyer if I don't have to.

[nastra30 2,006]

36 minutes ago, luxylaxmi said:

Thank you for your response. 

 

So I can still file another I-90 even I already filed one and got denied? I prefer to not use a lawyer if I don't have to.

Yup, file another I-90 and pay the fee as @MikeE suggested above. Good luck.

[Luxxy 0]

Thank you all so much for your responses. 

 

I went to the USCIS website and check the fees so I can get a cashier's check, but it is showing $0 fee for my case. I've attached a picture of the screenshot of the fee. 

[Mike E 11,725]

You need to select card was lost or stolen.  

[OldUser 5,026]

@Luxxy as suggested by USCIS and @Mike E the correct option is "Card was lost or stolen".

To get $0 card on basis of "Card was never received" will require you to prove it was mistake by USCIS. Which may be difficult after 4 years and they may fight it. So just pay the necessary fees.

 

Did you choose "Card was never received" option for the first I-90 that got denied?

 

[luxylaxmi 1]

8 minutes ago, OldUser said:

@Luxxy as suggested by USCIS and @Mike E the correct option is "Card was lost or stolen".

To get $0 card on basis of "Card was never received" will require you to prove it was mistake by USCIS. Which may be difficult after 4 years and they may fight it. So just pay the necessary fees.

 

Did you choose "Card was never received" option for the first I-90 that got denied?

 

Yes, I did.

 

Thank you.

[luxylaxmi 1]

1 hour ago, Mike E said:

You need to select card was lost or stolen.  

Will do. Thank you.