Advice Request for Filing on I-90

[Catou1181 0]

Hello,

I will try to briefly explain the situation :

June 2010 - Filed I-751 to remove conditions

August 2010 - Had biometrics

Sept 2010 - Received letter saying GC would be mailed within 60 days

Nov 2010 - Called USCIS because GC was not received. Was told it was approved 10/6/10 and that they would investigate.

Jan 2011 - Called USCIS because no status update. Was told card was mailed 10/6/10 and that I needed to file form I-90 for a replacement card using reason "B" - Card was issued but never received. I reviewed the instructions and it stated that if USCIS did not receive the card back as undeliverable, I need to file using reason "A" - Card was lost, stolen or destroyed. I called USCIS back to see if they'd received the card back but they would not answer me and told me I needed to make an appt at the field office.... did that... was told that the card was not returned and that I needed to file and pay the $450.00 fee.

I've got a whole package ready to send... Cover letter, I-90 form, Copy of my Permanent Residency Card (2yr) which is now expired, copy of the letter they sent me in September, Copy of NOAs for I-751, I-465, I-765, Copy of my appointment letter for Aug. 2010 biometrics. It was suggested that I also send a letter requesting that they waive the fees & biometrics. I'm planning to include a copy of the cleared check I sent back in June 2010. We're also including the $450.00 check for the I-90 fees in case they don't waive it(which is more than likely)...

Am I including too much? Too little? Would it just be better to file online since my extension letter gives me permanent residency status until late August only? Do I need anything special to file online?

I'm rather frustrated with the situation as my husband and I have been so diligent in keeping copies of everything and checking the mail regularly especially when we knew the card was coming...

Any advice/suggestions would be greatly appreciated!

Thanks,

~Cat

[YuAndDan 153]

I have seen some posts recently where it was a fight but were able to prove lost in mail, and get card without paying a $450 fee, you should NOT be punished for USCIS or USPS mistake. PERIOD.

You can always go to field office explain situation and get an I-551 stamp further extending evidence of legal status.

[Catou1181 0]

Is it possible to prove that it is USCIS or USPS's mistake if the letter did not have a tracking number(nothing I've ever received from USCIS has had a tracking number)? I'd love to be able to prove that, especially if it meant not paying $450.00 and having to take time off from work to go get fingerprinted again. That'd also be great if it means getting my card sooner.

Bascially, whatever is done(file, e-file or contest), if I don't hear anything and it's June, I should go to the field office to have my passport stamped and that would make things ok if there's still no solution by the time my 1 year extension is over?

Edited February 9, 2011 by Catou1181

[YuAndDan 153]

Here is what a little searching of VJ will get you.

You can file I-90, but I'd have the congressman's Immigration Liaison Officer in the loop as well - as a backup as they can get direct answers from the service centers, unlike regular people. I was specifically emailed by ILO (fwd of an email from service center rep for congressional inquiries) with instructions on what to put on the TO field when sending in my I-90 - it was something to someone's name XX and then DO NOT OPEN IN THE MAIL ROOM.

The good thing is, the welcome notice came to the right address so it's not like they don't have the right info. I think it's just a failure to click on produce GC button or whatever they have in the system that was not completed and you're without your gc.

Go with the congressional ILO staffer and get them working on your case.

http://www.visajourney.com/forums/topic/276013-greencard-lost-in-mail/page__view__findpost__p__4207453

[Catou1181 0]

Thanks for the information. I let my husband know and he said he was going to make some calls.

~Cat

[milimelo 4,481]

Dan got my posts :-)

I'm always for fighting it and not paying the $450 as 1) USCIS does NOT have proof of mailing and they love to blame USPS for the green card not being delivered when 2) they can't give you proof they actually produced the card and 3) why pay for something you already paid for? ROC fee includes the production and delivery of new card - not your fault they haven't sent it -- even if they try to say they have.

Edit: another option - you have the ROC approval letter - if no GC shows up by month 9 since filing of ROC, send in paperwork for Naturalization. In the meantime, get I-551 in the passport.

Edited February 9, 2011 by milimelo

[Catou1181 0]

We heard back from the congressman’s aide yesterday. USCIS has decided to re-order the production of my 10yr greencard without my needing to file an I-90 form or pay the fee. I received an email confirmation from USCIS today that stated that production of my new card had been ordered today.

Thank you for the fantastic advice!!!

[pos123 0]

Am very happy to read from you well the same thing happened to me so just mark the B part and dont send them any money keep your $450 . Since you have the copies of all the document they sent you when you sent them check for removal of condition. You will get you new card withing 10days okay be happy.

Smile.

Hello,

I will try to briefly explain the situation :

June 2010 - Filed I-751 to remove conditions

August 2010 - Had biometrics

Sept 2010 - Received letter saying GC would be mailed within 60 days

Nov 2010 - Called USCIS because GC was not received. Was told it was approved 10/6/10 and that they would investigate.

Jan 2011 - Called USCIS because no status update. Was told card was mailed 10/6/10 and that I needed to file form I-90 for a replacement card using reason "B" - Card was issued but never received. I reviewed the instructions and it stated that if USCIS did not receive the card back as undeliverable, I need to file using reason "A" - Card was lost, stolen or destroyed. I called USCIS back to see if they'd received the card back but they would not answer me and told me I needed to make an appt at the field office.... did that... was told that the card was not returned and that I needed to file and pay the $450.00 fee.

I've got a whole package ready to send... Cover letter, I-90 form, Copy of my Permanent Residency Card (2yr) which is now expired, copy of the letter they sent me in September, Copy of NOAs for I-751, I-465, I-765, Copy of my appointment letter for Aug. 2010 biometrics. It was suggested that I also send a letter requesting that they waive the fees & biometrics. I'm planning to include a copy of the cleared check I sent back in June 2010. We're also including the $450.00 check for the I-90 fees in case they don't waive it(which is more than likely)...

Am I including too much? Too little? Would it just be better to file online since my extension letter gives me permanent residency status until late August only? Do I need anything special to file online?

I'm rather frustrated with the situation as my husband and I have been so diligent in keeping copies of everything and checking the mail regularly especially when we knew the card was coming...

Any advice/suggestions would be greatly appreciated!

Thanks,

~Cat

[Catou1181 0]

YuandDan and melimelo,

Thanks again for the advice about the congressman. Received my 10yr permanent residency card in the mail today (priority mail)!

Hurray!!!

~Cat

[milimelo 4,481]

YuandDan and melimelo,

Thanks again for the advice about the congressman. Received my 10yr permanent residency card in the mail today (priority mail)!

Hurray!!!

~Cat

Cat,

So happy you got the GC finally!