banteras

Its from the inspector CBP manual :

A lawful permanent resident is NOT considered to be seeking admission unless the alien:

- has abandoned or relinquished that status;
- has been absent continuously for more than 180 days;
- has engaged in illegal activity after departing the U.S.;
- has departed under legal process seeking removal;
- has committed certain criminal offenses;
- is attempting entry without inspection; or
- has entered the U.S. without authorization by an immigration officer.

If you believe a lawful permanent resident may be inadmissible or no longer entitled to lawful permanent resident status, you must first determine whether the alien is seeking admission within the meaning of section 101(a)(13)(C). If you determine the returning resident is seeking admission, (THAT WILL BE THE CASE IF YOU ARE OUT MORE THAN 180 DAYS )you should refer the alien for removal proceedings under section 240 of the Act as an alien inadmissible under section 212(a) of the Act.

7 hours ago, USS_Voyager said:

They generally don't make mistakes like this. 

You must be new to USCIS 😂

( YES. It will be a new "Matter of Banteras VS Attorney General ) 😁

I mention again the summary of the events:

25 MAY 2015. Marriage took place overseas.

I-130 approved the next days. Consular proceed.

Visa issued on December 2016. The delay was due to insufficient I-864 . Problem solved.

Admission on 28 Jan 2017.

Actual card arrived in the mail 3 months later.

Divorce finalized on May 2018.

Out of country from end of May 2018,  because lease expired and i had no place where to live.

I m facing another problem now. 8 Months out of country  I will have problem at the POE. Maybe they will send me to the judge to strip the green card. It depends on the person. The USCIS say you can be out of country for one year. In another law there is the 180 days rule. I missed this window.  Or maybe they start to ask questions under oath, when i married, do you live together e.t.c. I must say the truth. And if the truth comes up about the wrongly card it will be a deportation order for sure.

I m not sure if i can still file the i-751 if you have a receive a notice to appear. Questions in form are asking Are you in removal, deportation, or rescission proceedings?

So, do you think to attempt to enter US and file from inside or file from overseas and use a friends US address where it will also be the place to stay if i enter?

In the second scenario, i would at least wait for the extension letter ( my friend will send it to me ) and try to enter with the receipt, explaining at the POE that the delay was due to the wrong card and my obligation to file i-751. This sounds legit i believe.

Total agree with dwheels. It was mistake i entered 4 months before Anniversrary but my temporary visa i gas given from the consulate was 6 months and it would expire about 10 days before the anniversary of marriage. So i had no option.

And suppose that i file today and receive the notice. After 2-3 months they will send new card.

And lets say they send it. What card will be this with what expiration date? My status techically expires 28 January 2019. They will send me a new card with expired date?

Thought about this but in case of their error they need the actual Green card to be mailed.

Therefore i will not have Green card to enter the US in few days. With receipt notice cannot enter at POE.

They need actual card even if expired. Maybe the most convenient is to enter the US and fix this afterwards. Even a little delay on i-751 will be for good reason ( their mistake ).

I know this. I have medical reasons to show to them. I plan to be yes.

A lot of. More than 70% of the time until today

I totally agree. I just came to this article few days ago.

No, i did not look for the infopass and never mentioned this to anybody, not even to my ex.

I married on May 2015. Admitted January 2017. Divorce May 2018.

Out of country now. I plan to return asap either to file I-751 alone with the notice to treat as CR, or file I-751 together with i-90 at the same office.

Thank you for your answers. Yes they issued me a wrong card IR ( 10 years ) when i must had a CR card. I knew about the I-90 but i never file it. No i did not fail to file the I-751. It is due on 28 of January 2019 and i m almost ready to file. The problem is that i m in overseas trip for the holidays and upon my return i will only have a limited time to file the I-751.

I do aware that i will have problem when i need to file the N-400 later.

Here is the link with explanation from an attorney about wrong cards and statute of limitation:

https://www.seyfarth.com/dir_docs/publications/WhentheGreenCardIsIssuedinError.pdf

I m thinking if i point this up to the I-751 petition , maybe i can be benefit a little from my honesty. Just a thought, because this will be a divorce filing.

Hello people,

Its my first time writing on the forums. But i already studied a lot of things, thanks to all of you.

I m facing a strange situation. In about 20 days is the dead line to file my I-751 asking for a divorce waiver.

I was given an erroneous Green card due to the Consular error. They Gave IR ( 10 years ), when i must have CR for 2 years. Anyways, I did notice this later but i did not change it because i was traveling back and forth to my country and i needed it. Not time to wait for a replacement. Also in all those travels nobody asked me strange questions about the marital or the validity of the card.

I m thinking to write a cover letter stating this fact and treat this petition normally as CR, by mention the error and that was not at my fault.

Does it sounds as good plan?

Or you think they will deny the I-751 based on the fact that the card is not CR and they will want first to revoke it and then have me to file again.

But if they revoke it i am automatically out of status because of the Final divorce. ( Law says CR permanent resident status ends automatically after 2 years or if attorney general finds that the marriage was ended by divorce.).

Another i was thinking, is to play it stealth and not to file anything now, keep silent until the pass of 5 years when i can benefit of the statute of limitation, which means they cannot revoke card after this time. I think this is only for the third court jurisdiction states, though.

Any help much appreciated. Thank you very much!

They are slow and only notify you when you send them emails.

Started DCF on July 2015 and have a hard time with them to accept our i-864. No tax returns filled

and maybe they will refuse to accept assets we have used, because there is no employment to come up with the level they want.

We have hired an attorney to communicate with them.