I-751 Rejection Notice: “You do not have conditional resident status"

[lovebug38 0]

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?

Here we go again. im going through same thing. Right after interview i was never told or giving anything that said i need to remove conditions. My wife came here on a k1 visa. we was married almosyt 1 year at time of interview. Everything went well and we recieved The famous Welcome to United states letter. To my suprise it was IF1 status on letter with 10 yr expiration period. The letter plainly says this card is good for 10 years blah blah.. now im in the same situation. I just found out 1 week ago ..2a few months after our 2 year anniversary that we might have to send I751. Its all very confusing and now i think im going to file the i 751. All though alot of people didnt file it and was ok.. i just dont know why USCIS makes life so hard .

[rebeccajo 14]

Stop.

Speak to a qualified immigration attorney before you make that infopass.

Your travel outside the United States after the technical expiration of your status concerns me.

Edited January 29, 2009 by rebeccajo

[Thilo 0]

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

I checked my 10-year GC... under "Category" it says "K1". So no clue here!

[Thilo 0]

Stop.

Speak to a qualified immigration attorney before you make that infopass.

Your travel outside the United States after the technical expiration of your status concerns me.

I left the country twice (to Germany, China) on my 10-year GC after my technical expiration of status. No problems at all at the POE- just "welcome back".

[Thilo 0]

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?

Hi Lucy! Thanks for your post- you reviewed the situation pretty good... and I have to say I am glad we filed the I-751... but I guess we still need to sort this out...

[lovebug38 0]

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

I checked my 10-year GC... under "Category" it says "K1". So no clue here!

Thats really weird. It says k1.. under category? thats what you came in on correct? k1 visa.. if so your green card should say cr1.,which stands for conditional resident fiance. Thats the 2 year card,which has conditions that has to be removed before 2 years expiration on your green card. However, in my case, the status, IF1,which means no conditions,and 10 year expiration on card match. Im really confused. Im still debating on what i sould do.. if u figure this out please keep me posted

[rebeccajo 14]

Stop.

Speak to a qualified immigration attorney before you make that infopass.

Your travel outside the United States after the technical expiration of your status concerns me.

I left the country twice (to Germany, China) on my 10-year GC after my technical expiration of status. No problems at all at the POE- just "welcome back".

I understand that part. And you are probably fine. You have a lot of proof that the Service is the one responsible for the mess.

I'd hate to see you get bolloxed up (in the future) over something you didn't cause. The 'mistake' will likely uncover itself at some point. Even if you never naturalize, you still have to report your address to USCIS when the 10 year card expires.

You were supposed to lift conditions and you attempted to do that. That means you knew the 10 year card they sent you was an error. You still question whether or not there is an error - even though they have sent you a document saying you don't need to lift conditions.

By the same token that you have proof they have committed an error in your paperwork, they have paperwork from you that proves you were fully aware of your correct legal status.

There is a nasty little thing that foreign-born persons get accused of at the border sometimes, and it's called 'misrepresentation'. It's one of the most serious charges that can be levied against an alien, and the penalty is a lifetime bar from the United States.

If - and I know it's a big 'if' - if the Service decided to get nasty about it, you could be accused of having misrepresented yourself everytime you entered the United States. Try to imagine what I am saying - when you entered the US after the actual expiration of your conditional status, you could not have gotten in on the greencard you should have received.

I know they are the ones who messed this up. We've read lots of reports on VJ of persons receiving 10 year cards when they shouldn't have. They may have caught this error and decided that since they are ones who erred, then they must stand by the original document they sent out and 'clear' the alien of any further requirements to remain in the United States - ie lifting the conditions of residency.

Personally, if I were in your shoes, I'd like to see the internal policy memo where they state that fact (if they have).

I really think you should speak to a qualified immigration attorney who has some connections at the Service Center where you applied. It would be nice to have it IN WRITING on LETTERHEAD from SOMEONE IN AUTHORITY that you are now a permanent resident.

See what I'm saying?

Edited January 30, 2009 by rebeccajo

[Marilyn. 340]

What category are you according to your greencard? IR1 or CR1? If you're IR1, you are a legal permanent resident. If it's CR1, then you're a conditional permanent resident and need to remove the condition.

I checked my 10-year GC... under "Category" it says "K1". So no clue here!

Thats really weird. It says k1.. under category? thats what you came in on correct? k1 visa.. if so your green card should say cr1.,which stands for conditional resident fiance. Thats the 2 year card,which has conditions that has to be removed before 2 years expiration on your green card. However, in my case, the status, IF1,which means no conditions,and 10 year expiration on card match. Im really confused. Im still debating on what i sould do.. if u figure this out please keep me posted

actually CR1 and Ir1 are types of visas... not types of status..

if you come in on a CR1 visa you get a 2 year condiotnal card and then you have to apply for the 10 year card 2 years later

if you come in on a Ir1 visa, you are supposed to get the 10 year card..

if you come in on K1 or K3 visa and apply for AOS and you have been married for under 2 years at the time your AOS approved you are supposed to get the 2 year conditional card...

[Neonred 3,564]

Hi Thilo

I sent you a PM almost two years ago about this issue as we received the same 10 year green card as you. Since then we spent considerable time researching this issue. We made phone calls, and info pass. What we found out is that although not common (however more common than you might think) our 10 year card is legit. I think you have learned this with the rejection of your I-751. I have met another individual in our city that recently got their citizenship that also received the 10 year card like we did.

Beware of people giving you "answers" based on what they think they know or what they have read on some website.

If it makes you feel a lot better, then of course fight it. Even though they have rejected your I-751 and told you why, call your senator and insist that they take your money. I can tell you with great confidence that you are fine and your 10 year card need not be changed.

[rebeccajo 14]

Hi Thilo

I sent you a PM almost two years ago about this issue as we received the same 10 year green card as you. Since then we spent considerable time researching this issue. We made phone calls, and info pass. What we found out is that although not common (however more common than you might think) our 10 year card is legit. I think you have learned this with the rejection of your I-751. I have met another individual in our city that recently got their citizenship that also received the 10 year card like we did.

Beware of people giving you "answers" based on what they think they know or what they have read on some website.

If it makes you feel a lot better, then of course fight it. Even though they have rejected your I-751 and told you why, call your senator and insist that they take your money. I can tell you with great confidence that you are fine and your 10 year card need not be changed.

Neonred -

I don't believe anyone is suggesting to Thilo that he insist USCIS "take his money". They are suggesting he get to the bottom of this.

Thilo -

Beware of people giving you "answers" based upon what they think they know. Every case is different and your personal happiness hangs in the balance. Get information that resolves your situation.

[Neonred 3,564]

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?

Well rebeccajo, it looks like someone is suggesting that he insist USCIS take his money.

Edited January 30, 2009 by Neonred

[Eveline 9]

Why would you wait sooo long though to get things straightened out? Why did you wait two years and never asked anyone about that mistake before?

If it was me, I'd probably make an infopass and see what they say. Not everybody necessarily will file for naturalization at the 3 year mark, so if the card is ok, Id' just go with that.

[lucyrich 20]

Check the law: INA 216 (a) (1) says that anyone who adjusts status based on a marriage that is less than 24 months old is a conditional permanent resident, regardless of what paperwork they may have. INA 245(d) says that a K-1 holder cannot adjust status to anything other than conditional permanent resident status (regardless of the age of the marriage at the time of adjustment).

It's clear that if you came in on a K-1, married, and adjusted status before your marriage was 2 years old, the law says you are a conditional permanent resident, regardless of what your green card says. If the USCIS made a clerical error and gave you a 10 year green card, that doesn't relieve you of the need to file a petition to remove conditions.

Fortunately, you HAVE filed such a petition, but they haven't accepted it.

The sad fact is that when the USCIS makes a mistake, the immigrant can end up paying for it big time.

I don't know what the correct procedure is here, but I'm firmly in the camp of "don't ignore it". I'd work to get them to accept and adjudicate the I-751. If you don't, you could one day find yourself deportable because you're a conditional permanent resident who didn't complete the removal of conditions process. I'd contact a congressman, immigration attorney, USCIS ombudsman, and/or anyone else you can think of.

Did the back of the letter have any place to write to appeal their decision?

Well rebeccajo, it looks like someone is suggesting that he insist USCIS take his money.

Since I've been dragged in here, I'll just say that I find a lot of merit in rebeccajo's analysis. When I composed my response quoted above, I hadn't considered the implications of travelling after the conditional status had expired. I don't know how likely it would be that a finding of misrepresentation would happen, but it doesn't seem out of the realm of possibility, and the consequences are so dire, it's not something to be played around with. It's probably worth seeking wise counsel before acting, but I still believe conditions must be removed. Just do so carefully.

If I were in that situation, I'd probably want an attorney nearby just in case the misrepresentation issue came up. If it did come up, I'd probably want him to argue either that the misrepresentation wasn't knowing, or that I had merely correctly represented that which the USCIS had represented to me, and if any misrepresentation had occurred, it was the USCIS that had done so. But I would NOT want to make these sorts of arguments myself -- the very experienced, qualified attorney does the talking.

I'll also point out a similar thread, with some different details:

http://www.laborlawtalk.com/archive/index.php/t-20019.html

I know that Matthew Udall and Folinskyinla are both immigration attorneys, something I'm not. They both recommended that conditions be removed when a IR-1 card is issued by mistake, under circumstances where a CR-1 card should have been issued. Mr. Udall stated it quite succintly, "Whether or not you receive conditional or non-conditional permanent resident status is controlled by statute, not by a typo, misprint or mistake made on an alien registration card." The law clearly says the status was conditional under these circumstances, and when push comes to shove, the officials involved took oaths to uphold the law, not to uphold mistakes made by the USCIS.

Edited January 30, 2009 by lucyrich

[knowledge 0]

Hi there!

I came on a K-1 visa, got married and received my Green Card shortly after our AOS Interview. However, I was issued a normal 10-year Green Card instead of the conditional 2-year Green Card.

To be on the safe side we filed the I-751 “Removal of Conditions”. We were assuming that an erroneous GC doesn’t change my conditional status- we put together the complete I-751 package and sent it off in the appropriate time window.

Now it starts getting even stranger. Within two weeks the I-751 package was returned to me with a rejection notice saying: “You do not have conditional resident status. Therefore, there is no need to file an I-751”

See scanned PDF of I-751 Rejection Notice…

Well, if the USCIS is telling us I don’t have conditional resident status- what else shall we do???

Four month have gone by and I am starting to get uneasy… what if I am out of status regardless of what the USCIS is telling us? It wouldn’t be the first time they screwed up… I consider getting naturalized this year and I am worried that this will create problems.

Since my 2-year conditional status “expired” in 09/2008 I left the USA twice on my 10-year GC (Germany, China, POE: San Francisco). There were no problems at all when I came back to the US. Not a single question regarding status, no secondary inspection, nothing- just “welcome back”!

Before I my K-1 visa I had a J-1 visa and was working at UC Berkeley for a year. Could this be the reason why I don’t have conditional resident status?

Any ideas? Thanks a lot!

We had great service from the congressman. I wonder who has biggest power, lawyer or congressman. If they are good, they don't like much when uscis make mistakes and voice this. Onc we finished everything, the congrsm, offered to continue to help us if we encouter any other problem. Maybe it can help as well.

[knowledge 0]

Stop.

Speak to a qualified immigration attorney before you make that infopass.

Your travel outside the United States after the technical expiration of your status concerns me.

I left the country twice (to Germany, China) on my 10-year GC after my technical expiration of status. No problems at all at the POE- just "welcome back".

I understand that part. And you are probably fine. You have a lot of proof that the Service is the one responsible for the mess.

I'd hate to see you get bolloxed up (in the future) over something you didn't cause. The 'mistake' will likely uncover itself at some point. Even if you never naturalize, you still have to report your address to USCIS when the 10 year card expires.

You were supposed to lift conditions and you attempted to do that. That means you knew the 10 year card they sent you was an error. You still question whether or not there is an error - even though they have sent you a document saying you don't need to lift conditions.

By the same token that you have proof they have committed an error in your paperwork, they have paperwork from you that proves you were fully aware of your correct legal status.

There is a nasty little thing that foreign-born persons get accused of at the border sometimes, and it's called 'misrepresentation'. It's one of the most serious charges that can be levied against an alien, and the penalty is a lifetime bar from the United States.

If - and I know it's a big 'if' - if the Service decided to get nasty about it, you could be accused of having misrepresented yourself everytime you entered the United States. Try to imagine what I am saying - when you entered the US after the actual expiration of your conditional status, you could not have gotten in on the greencard you should have received.

I know they are the ones who messed this up. We've read lots of reports on VJ of persons receiving 10 year cards when they shouldn't have. They may have caught this error and decided that since they are ones who erred, then they must stand by the original document they sent out and 'clear' the alien of any further requirements to remain in the United States - ie lifting the conditions of residency.

Personally, if I were in your shoes, I'd like to see the internal policy memo where they state that fact (if they have).

I really think you should speak to a qualified immigration attorney who has some connections at the Service Center where you applied. It would be nice to have it IN WRITING on LETTERHEAD from SOMEONE IN AUTHORITY that you are now a permanent resident.

See what I'm saying?

I wonder, and if I understood well, that if the uscis refused it that means they do not want to recognize their error, because that would give more work and simply accepted the fact of the 10yr card. I am sure that as usual they check everything in the file. Well I hope.