Desrsved 10 Years GC but Conditional GC issued by USCIS error

[birdyconfused 0]

Hi folks

This isn't one of those every day questions. I am looking for an answer from a legal expert on this forum or someone who had been in a similar situation.

Here is a tricky situation for my husband.

- My husband got a CR-1 visa in late 2007

- He entered to USA in March 2008 (just 2 years after completion of our marriage)

- He received a two years conditional GC

- He believed he deserved a 10 yrs GC, so he made an infopass appointment at USCIS Newark office to get clarification of the issue

- A very rude USCIS female agent told him that he deserved a conditional GC coz his passport was stamped with CR-1

- My husband decides not to file for a replacement card based on rude lady's advice

- We didn't plan to stay in USA permanently at that time and wanted to come back later permanently. Therefore we fly back

- My husband pays 2 visits as if to show that he is trying to keep is residency in USA

2010 starts and my husband's conditional GC expiry come close; and we contemplate whether to move to USA permanently or not.

- We conclude that it will not be in the best of interests to move to USA now. Therefore he does not pursues removal of conditions on his GC

Then

- In May 2010, a letter from USCIS comes to our US address stating "Examination of our immigration record shows that you were erroneously admitted as a 'conditional' permanent resident of United States instead of a 'lawful' permanent resident of the United States." Then it states that in order to get a new permanent card you to should file I-90 without fee.

Now, we intend to move to the States permanently. However, we've been maintaining our residence outside USA quite clearly and that counts for 'abandoning of permanent residence of USA'. But I was just wondering whether this mistake of USCIS could be used to get a new GC while he is overseas and then he could fly to USA. Or should we start the whole IR-1 immigration process from the beginning?

Regards

(May I also mention that during this time, we didnt really established much ties in the USA which could show that we had intention of maintaining our domicile in USA. Except of his bank account and SSN he doesnt have any thing in his name in USA.)

Edited September 28, 2010 by birdyconfused

[Bobby+Umit 161]

Complicated case, as you were gaming the system to maintain residency.

Even if USCIS made a mistake on the initial card, the immigrant still had the responsibility to follow the rules of the card (maintain a US domicile, resident of the US) - that may be held against him.

You could try for the I-90 - worst thing is that they would deny it, and you would go the IR-1 route, again.

Just don't misrepresent anything.