an immigration question on OT *gasp*

[VanessaTony 3,567]

"This is in reference to the I-90, Application to Replace Permanent Resident Card, you submitted. Your I-90 fees, and any supporting documentation is being returned to you for the following reason(s):

The applicant marked "g" in Part 2, Question 2, as the reason for filing the Form I-90. This reason requires the applicant to have reached their 14th birthday since their permanent resident card had been issued and the current card will expire before their 16th birthday. Furthermore, applicants must file the Form I-90, within 30 days of reaching their 14th birthday. Our records show the applicant either had not filed within 30 days of reaching his/her 14th birthday, or the current card expired after the applicant's 16th birthday. You can resubmit the application with the appropriate fee as described on the USCIS internet page at www.uscis.gov.

Please be sure to complete the application fully, submit the appropriate fees, and include all required supporting documentation."

So both things they mention after "Our records show..." are true, but depending on which one they are basing the rejection on, our path is different. If the rejection is because we didn't need to file at all because his greencard does not expire before he turns 16, then we don't refile. But if the rejection is because they got the I-90 on day 32 (not within 30 days), then maybe we need to file with the full fee ($290 plus $80 biometrics), instead of just the biometrics fee.

The contradictory statements of "you've either filed after the 30 days" and "after applicant's 16th" birthday while appearing different actually mean the same thing, being the fee is required. In both options the fee is required which is why this is probably a standard letter (not specific to your situation). You seem to think that the "16th birthday" option means that you don't need to file yet but in reality it means that you need to submit the fee (not that you can wait to renew the card).

He is required to obtain a "post-14" card so yes he needs to file now. Only the biometrics fee was required if you'd filed in the 30 days but because you didn't you file under G1 again but you pay the fee. Sorry!

When you read the G1 and G2 instructions again you'll see G1 is fee waived, G2 is not. People filing under G1 get the fee waived ONLY if filing under 30 days, otherwise the fee is payable. People filing under G2 pay the fee either way. So basically, you pay the fee but select G1 as that is appropriate to his situation.

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I know that you've since solved this but just for other people reading.

Edited July 15, 2011 by Vanessa&Tony

[maya62 7]

Just Bob - interesting. I never knew that permanent resident status did/does not expire when the greencard expires. Hopefully this will be a moot point for us in the very near future, but I bet a lot of people would worry less if they knew that...

Vanessa&Tony - Once I heard the recommendation from 3 people at USCIS to just proceed to naturalization (which we intended to do anyhow), I was happy to let go of the whole thing, with the niggling worry in the back of my head that we may have trouble at reentry from our Nepal trip. Like the Indian family I mentioned before, we decided to take our chances, and I'm glad we did. I think our son's 10 year card is less than 3 years old, and as the infopass IO said "it still looks like him". I think the part about it expiring before they reach 16 (and indeed, the whole "required" ordeal of getting a new one at 14) is because, for example, a greencard issued to a 6 year old will probably not be representative of that individual by age 14, 15, 16, etc... So since our son's definitely still looks like him, I wasn't too worried. At any rate, thanks for your interpretation...

Onward...

maya

[casualuser 38]

That is very old topic and I am not sure I do the right thing trying to revive it now.

 

My situation is somewhat involved. In principle I would like to do everything according to the law, but I think in my particular situation, whatever I do, it will be confusing and not 100% compliant.

 

Both me any my wife are in the process of applying for citizenship. We could take advantage of this 30-day rule and submit I-90 application for your 14-year old kid now, but processing usually takes a few months, up to 6 months. Assuming the optimistic scenario that we pass our interviews with no problems, we could naturalize within 30 days from now, which would render our kid's application moot - he would become citizen before his new green card is issued. But there are opinions which I found by googling around, that since his green card is not valid after he is 14 years old, it cannot be used for applying for a passport. But the new card cannot be issued, since according to USCIS he is an US citizen before they complete his GC replacement process.

 

I think this is a very theoretical question, as for all practical purposes it is best not to apply for the GC replacement now. But can be an old green card contested by the State Department when applying for a passport? Is any way to find a legally correct solution or we are facing legal entanglement that cannot be solved?

[Villanelle 4,122]

I suggest you call a passport agency and ask. Your childs expired GC shouldnt be a problem when getting their passport or n600 however I am not 100% sure. So call them and ask. Im sure its come up before.

 

[TBoneTX 45,288]

Thread from 2010 is now closed to further comment; the reviver of it has his own thread.