Yogi may have made a big mistake.

[yogib37 3]

here is the scope. My wife became a USC. I thought that her son would automanticly become a USC also. We got a letter from USCIS and they told us that his green card was going to expired on Feb 27 2011. Thinking he is a USC we made a Infopass. we went to the appointment and they said since I did not have him on his mothers green card Or I-485 he will have to have his conditions removed. I filed him on a differnt one because My wife got her Green card before he enter the USA. She went back home to get him. Fast forward, I filled out the forms I filled out the I485. yesterday they sent it back with the Forms I-751. and the I-864 support form. I did not see the check I called and they said he needed to file the I-751 not the I485. Opps my screw up. So they told me to mail and with drawl the petition. how likely is it that I will get my money back?

I will with drawl because the wrong form was used.

I would like to have my money back.

any suggestions?

Yogi

[Inky 1,111]

Doubt you will get the money back, they do not refund. It was your mistake not USCIS's mistake.

Hope you can get his ROC with the expired card and they don't give you problems.

[JimVaPhuong 4,863]

here is the scope. My wife became a USC. I thought that her son would automanticly become a USC also. We got a letter from USCIS and they told us that his green card was going to expired on Feb 27 2011. Thinking he is a USC we made a Infopass. we went to the appointment and they said since I did not have him on his mothers green card Or I-485 he will have to have his conditions removed. I filed him on a differnt one because My wife got her Green card before he enter the USA. She went back home to get him. Fast forward, I filled out the forms I filled out the I485. yesterday they sent it back with the Forms I-751. and the I-864 support form. I did not see the check I called and they said he needed to file the I-751 not the I485. Opps my screw up. So they told me to mail and with drawl the petition. how likely is it that I will get my money back?

I will with drawl because the wrong form was used.

I would like to have my money back.

any suggestions?

Yogi

This doesn't make any sense at all. Why does the kid have a conditional green card? If it expired on February 27,2011, then it would have been issued in February of 2009. That was three years after you and your wife were married.

How old is the kid? If he's under 18 then he should have become a US citizen when your wife did.

[yogib37 3]

Doubt you will get the money back, they do not refund. It was your mistake not USCIS's mistake.

Hope you can get his ROC with the expired card and they don't give you problems.

Yes I hope so also, It is $980 that we will be out of.

If the Government made a mistake and under charged you for something I am sure they would want their money even if it was their mistake.

I hope things will work out. IF they dont refund I will seek my congressman and senators to try to get it back.

[yogib37 3]

This doesn't make any sense at all. Why does the kid have a conditional green card? If it expired on February 27,2011, then it would have been issued in February of 2009. That was three years after you and your wife were married.

How old is the kid? If he's under 18 then he should have become a US citizen when your wife did.

Yes I was quite upset when I came back from the Infopass appointment. I just thought maybe they just want more money. Since he was petition on a differnt form 'in their words' he has to be removed on his own. they when he gets his Perm card, he can become a USC.

I also thought he should get it also. Yes he is under 18. He is 13 years old.

Even at the swearing in the guy who was giving it said if you have a child under 18 they will become USC along with you.

Thanks

Yogi

[JimVaPhuong 4,863]

Yes I was quite upset when I came back from the Infopass appointment. I just thought maybe they just want more money. Since he was petition on a differnt form 'in their words' he has to be removed on his own. they when he gets his Perm card, he can become a USC.

I also thought he should get it also. Yes he is under 18. He is 13 years old.

Even at the swearing in the guy who was giving it said if you have a child under 18 they will become USC along with you.

Thanks

Yogi

Ok, you petitioned for him separately. If you were married less than two years when he got his green card then it would have been conditional for two years, and yes - he'd have to remove conditions separately. That doesn't change the fact that the kid should have become a US citizen when your wife became a US citizen. He's in the US, he's under 18, and he's in the custody of a (biological) US citizen parent. Bang! Automatic US citizenship.

USCIS is screwing up here. Hire an attorney and focus on getting the kid's citizenship recognized.

You're not going to get your money back. USCIS doesn't make refunds. They'll return the check if they reject a petition, but if they accept the petition and deny it then you got what you paid for - the petition was adjudicated.

[yogib37 3]

Ok, you petitioned for him separately. If you were married less than two years when he got his green card then it would have been conditional for two years, and yes - he'd have to remove conditions separately. That doesn't change the fact that the kid should have become a US citizen when your wife became a US citizen. He's in the US, he's under 18, and he's in the custody of a (biological) US citizen parent. Bang! Automatic US citizenship.

USCIS is screwing up here. Hire an attorney and focus on getting the kid's citizenship recognized.

You're not going to get your money back. USCIS doesn't make refunds. They'll return the check if they reject a petition, but if they accept the petition and deny it then you got what you paid for - the petition was adjudicated.

Thanks for your information

I talked to my wife and I am going to consult a lawyer which is what I wanted to do first. I have feeling they are wrong and the people at the infopass how do I know they know what they are talking about.

[JimVaPhuong 4,863]

Thanks for your information

I talked to my wife and I am going to consult a lawyer which is what I wanted to do first. I have feeling they are wrong and the people at the infopass how do I know they know what they are talking about.

Unless you spoke with an actual immigration officer, the likelihood of the person at the infopass appointment knowing what they're talking about is slim. Immigration law is complicated, and IO's study for a long time to become proficient in both the law and DHS policies. The customer service people they hire are given a crash course in what USCIS does and how they do it. The only worse source of information (or lack thereof) is their 800 number. Sometimes, if you jump up and down and throw a tantrum, they'll bring an actual IO to the window to speak with you.

Even if you spoke with an IO, you often have to guide them along in order to get the information you want. They see a quick snapshot of your life on their computer screen. If they looked at your son's file then the first thing they'd notice is that his conditional green card expired and he didn't file to remove conditions.

[yogib37 3]

Unless you spoke with an actual immigration officer, the likelihood of the person at the infopass appointment knowing what they're talking about is slim. Immigration law is complicated, and IO's study for a long time to become proficient in both the law and DHS policies. The customer service people they hire are given a crash course in what USCIS does and how they do it. The only worse source of information (or lack thereof) is their 800 number. Sometimes, if you jump up and down and throw a tantrum, they'll bring an actual IO to the window to speak with you.

Even if you spoke with an IO, you often have to guide them along in order to get the information you want. They see a quick snapshot of your life on their computer screen. If they looked at your son's file then the first thing they'd notice is that his conditional green card expired and he didn't file to remove conditions.

yes that is true. We did file but it was the wrong form, we have 87 days to file the correct form and submit the correct fee. I will still try to get it back, it just cant hurt.