Uh oh!

[lynzm22 0]

Hi everyone, I don't know if anyone is around that might remember me but I was an active member last year while getting my K1 and AOS- then once I got approved back in January life kind of took over and I gradually visited less often, so I apologise for popping back up now all panicky like!!! I posted this on the AOS forum last night but so far no responses so I hate to bug if you have already read this but after posting there I realised here might be the better place for my situation...

here's the deal, like I said- got my GC back in January and all seemed fine and rosy, checked the card and all fine or so I thought in my excitement and then it was put away until needed. Well now we're travelling home to England next week for a visit to the folks and we're filling out the info the Airline needs and it asks for the expiry date on my greencard, so I'm reading it out to hubby " 01-17-07", and then uh hang on a minute, that's this January coming, that can't be right I only got approved Jan 06, so I look at the start date which of course reads Jan 05- USCIS put it wrong, and I somehow stupidly didn't pick up on it when I received the stupid thing!!

So my first worry is, this won't cause a problem on my way home from our trip will it? I'm thinking not seeing as its still valid even with the wrong date and it will only just be within the 90 day period that I would supposedly be filing for the removal of conditions if the date was right? Can anyone reassure me on this???

And of course the next thing is when I get home sorting it all out, looked up the form I need I-90 and got it all printed out, I don't have to pay any fees coz it was their mess up, but do you think it will be a problem that it was undetected for so long? And it says I have to send it to where my original I-90 was processed to have the error rectified, and uh- I never filed an I-90 before of course so am I just sending it to where I sent the AOS package do you think?

Grrr, stupid me!!

Thanks,

Lynsey

Forum: Adjustment of

[japau 1]

The POE officers have no way of knowing whether your story (one of a million stories they hear all the time) is true, and they have no leeway but to follow whatever are the applicable regulations. If you can't consult with an immigration lawyer (which I strongly suggest), you should call the USCIS and try to find out what to do yourself.

I certainly wouldn't be following the advice of untrained people on an internet posting board, who are all too ready to gamble your future on their guessing or bad advice...a word to the wise should be sufficient in this instance...even if someone had a personal experience like this, it may not be the case (and is unlikely to be the case) that the circumstances are identical...

Good luck!

Edited September 28, 2006 by japau

[Jasman0717 9]

I don't know how long you plan to be out of the country but recommend you get a hold of the USCIS and get this straightened out before you leave. You know if that date remains valid you need to file for the removal of conditions like by the 17th of October so only have a couple of weeks to find out what the USCIS opinion is. Good luck

[diadromous mermaid 36]

Hi everyone, I don't know if anyone is around that might remember me but I was an active member last year while getting my K1 and AOS- then once I got approved back in January life kind of took over and I gradually visited less often, so I apologise for popping back up now all panicky like!!! I posted this on the AOS forum last night but so far no responses so I hate to bug if you have already read this but after posting there I realised here might be the better place for my situation...

here's the deal, like I said- got my GC back in January and all seemed fine and rosy, checked the card and all fine or so I thought in my excitement and then it was put away until needed. Well now we're travelling home to England next week for a visit to the folks and we're filling out the info the Airline needs and it asks for the expiry date on my greencard, so I'm reading it out to hubby " 01-17-07", and then uh hang on a minute, that's this January coming, that can't be right I only got approved Jan 06, so I look at the start date which of course reads Jan 05- USCIS put it wrong, and I somehow stupidly didn't pick up on it when I received the stupid thing!!

So my first worry is, this won't cause a problem on my way home from our trip will it? I'm thinking not seeing as its still valid even with the wrong date and it will only just be within the 90 day period that I would supposedly be filing for the removal of conditions if the date was right? Can anyone reassure me on this???

And of course the next thing is when I get home sorting it all out, looked up the form I need I-90 and got it all printed out, I don't have to pay any fees coz it was their mess up, but do you think it will be a problem that it was undetected for so long? And it says I have to send it to where my original I-90 was processed to have the error rectified, and uh- I never filed an I-90 before of course so am I just sending it to where I sent the AOS package do you think?

Grrr, stupid me!!

Thanks,

Lynsey

Forum: Adjustment of

First, travelling on a Green Card with an unexpired date (regardless of if it reflects one year less than it should) is perfectly alright. Even if you were supposed to remove conditions on your residency in October, the card would be still valid until January 07 as it stands, that is, if you do not have to mail it back.

When replacing a card with incorrect data, see the instructions from USCIS:

If you are filing because your card was issued with incorrect data due to USCIS administrative error, you must mail a new I-90 application using Application Reason "d" My card was issued with incorrect information because of a USCIS administrative error, and any supporting documentation, to the USCIS Service Center/National Benefits Center(NBC) that processed your previously filed I-90 application.

For the Service Center/NBC mailing address, please refer to the letter that came with your I-551 card, also known as "Green Card". This letter provides the address for the Service Center/NBC that processed your previously filed I-90 application. The Service Center/NBC address can also be found on the I-797 "Notice of Action" issued for the previously filed I-90 application. In addition to the new I-90 application, applicants are required to send the original I-551 card containing incorrect information, and documentation that supports the requested correction. I-90 applications submitted with Application Reason "d" do not require the $70 biometrics fee or the base application fee.

Service Center/NBC Mailing Addresses

California Service Center

Attn: I-90 "d"

P.O. Box 10090

Laguna Niguel, CA 92607-1009

National Benefits Center

Attn: I-551 Corrections

705B SE Melody Lane, Box 2000

Lee's Summit, MO 64063

Nebraska Service Center

Attn: I-90 "d"

P.O. Box 87090

Lincoln, NE 68501-7090

Texas Service Center

Attn: I-90 "d"

P.O. Box 851983

Mesquite, TX 75185-1983

Vermont Service Center

Attn: I-90 "d"

75 Lower Welden Street

St. Albans, VT 05479-0001

[lynzm22 0]

Thanks guys, I thought it would be like you said Diaddie- that travelling home next Friday for 2 weeks will be ok seeing as even if I have to go by the wrong date it doesn't expire until January and its not the case that I would have to file for removal of conditions by the 17th October- the rules are you cannot apply before that date, you have to file within 90 days of it expiring, not before... and even if I had sent off my paperwork on the 17th then I wouldn't have any evidence of that by the 20th when I fly home.

Part of me wants to call to check out that everything will be ok before I go, but I don't want them to turn round and say I have to send it in right away when I only have 9 days til I leave the country- I've waited 19 months for this trip home I'm not not going when it could have waited til I get back!

So Diaddie, while I know you have to be careful taking the advice of 'untrained people' I also know you are very well versed on Immigration law etc and it seems you have the same opinion as me that I will be ok to go back to England next Friday and sort it out when I return. The POE officers won't need to be listening to a story as the date is valid so they won't have anything to ask about...

I certainly won't be getting a lawyer- I'm quite capable of filling out forms and reading rules myself, in the past with guidence from VJ so just wanted some reassurance from my old friends that while I was damn stupid to have missed the error in the first place, I am on the right track with the steps to be taken now!

And when I get back I'll be mailing the I-90 to the CSC, thanks Diaddie for posting the obvious for me- duh can you tell I was panicked when reading up on it all last night LOL!

[japau 1]

If you would have presented the fact that your green card was not expiring when you were on your trip, the answer is much more simple: a valid green card is a valid green card - as long as it's not expired, you're fine. So, enjoy your trip!!!!

As an aside though, everyone on this site should keep in mind that the unlicensed practice of law in most states is a crime. Holding oneself out as some kind of immigration law expert (or "well versed" in the OP's parlance) and having people rely on that advice is the very definition of "unlicensed practice." So, if its someone's decision to take the advice of a criminal and risk their immigration status on that, well, that's their choice I guess. My only point is, as I say (and will continue to say), there's no lack of people here that are willing to bet your immigration status on their ego trips and possibly faulty advice.

There's a reason why VJ TOS includes the following statement:

NO LEGAL ADVICE OR ATTORNEY-CLIENT RELATIONSHIP

Information contained on or made available through VisaJourney.com Websites and Services (including but not limited to the discussion forums) is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. Do not act on or rely on any information from VisaJourney.com Websites and Services without consulting with a licensed attorney as this site is not a substitute for obtaining appropriate legal advice from a competent, independent legal counsel in the relevant jurisdiction. Moreover, due to the rapidly changing nature of the law and the reliance on information provided by outside sources, we make no warranty or guarantee concerning the accuracy or reliability of the Content on VisaJourney.com Websites and Services or at other sites to which we link. Nothing submitted to this Web Site is treated as is privileged or confidential with the exception of items listed in Visajourney.com's Privacy Policy. All communications and Content Posted via the Service (including but not limited to the discussion forums) are NOT treated as privileged or confidential.

[CarolineM 0]

My only point is, as I say (and will continue to say), there's no lack of people here that are willing to bet your immigration status on their ego trips and possibly faulty advice.

You *ARE* including yourself in this statement....right?

[Flames9_RN 358]

I think the majority realize its a board filled with "advice " and nothing is "official" And just because one goes to a lawyer, doesnt mean it official either, 1 can even talk to a few different USCIS operators and get different answers. Can be a frustrating process at times

Edited September 29, 2006 by flames9

[japau 1]

My only point is, as I say (and will continue to say), there's no lack of people here that are willing to bet your immigration status on their ego trips and possibly faulty advice.

You *ARE* including yourself in this statement....right?

No, because first, I am not pretending to be a lawyer or making believe I am some kind of immigration expert or intimating the same with a rampant knowledge of using google seraches to cite general information on any conceivable subject. Second, I am an attorney, but I am the Chief Legal Officer and General Counsel for a publicly traded company, not an immigtration lawyer: these are wholly different skill and knowledge sets. Third, I am not giving immigration legal advice, only my opinion (as I say many times) if I offer any opinion at all. Fourth, without fail (although I'm sure I've missed once or twice) I always suggest that people get competent legal immigration counsel to help them in any immigration situation. These cases are highly fact dependent, and only a competent immigration attorney should be consulted for the answers to any immigration question, not internet phantoms on an immigration posting board. If you follow the kind of advice you get from internet "know-it alls" and you end up out of status, deported or refused re-entry or whatever, well, you got what you paid for, you really have only yourself to blame and you have absolutely no recourse whatsoever.

Therefore, the short version answer to your question is "no, I *ARE* not."

Edited September 29, 2006 by japau

[CarolineM 0]

Well then what's the point of this WHOLE forum. If every post you offer is just "Contact an atty..." Then why have this here at all???

No, an immigration atty is NOT needed for every situation, question and case...

Also I think it's clear that just because someone offers advice - (and I've even seen you do it...) that they are NOT an immigration atty and are just speaking from personal opinion.

This is a member supported immigration help site...if it were run by all immigration attys it would say so...

Hmmm...

Is this you pretending to be a relationship expert or therapist???

[homesick_american 1]

Guys, why do you let japau wind you up?

And japau...why do you post here?

[japau 1]

Must be a rhetorical question...

[japau 1]

...I don't know...why are you posting here? Must there be a "why" for everything? Why does our President lie to us about every single thing? Why did ####### Cheney shoot? Why will Al Franken run for the Senate? Perhaps the answer to your question (if not rhetorical) is "because I do" or "because I want to" or "because it just is." What makes you feel like you should ask?

There's a big difference between offering support and offering legal advice or making yourself out to be some legal expert without qualifying your statements to state that you are not. It is true that some people's personal experiences are good to know when dealing with any issue (like I offered in the mischaracterized referral post wherein I wasn't offering relationship advice, but stating my own experience). However, one offering one's unsupported and insupportable opinions with no actual experience is actually useless, and misleading to some that may read it as authoritative. Finally, yes, this board is for all that support and maybe "where to go to find something" and all that. However, you are decidedly NOT going to get legal advice here, and you shouldn't be relying on anyone else telling you "what to do," and that is my sole and exact point, from which I will not waiver (no pun intended), so why argue about it? It's not like I am going to change my opinion to: Oh yeah! You should listen to every Tom, ####### and Harriet posting to VJ to tell you what to do about your immigration issue!

[homesick_american 1]

...I don't know...why are you posting here? Must there be a "why" for everything? Why does our President lie to us about every single thing? Why did ####### Cheney shoot? Why will Al Franken run for the Senate? Perhaps the answer to your question (if not rhetorical) is "because I do" or "because I want to" or "because it just is." What makes you feel like you should ask?

There's a big difference between offering support and offering legal advice or making yourself out to be some legal expert without qualifying your statements to state that you are not. It is true that some people's personal experiences are good to know when dealing with any issue (like I offered in the mischaracterized referral post wherein I wasn't offering relationship advice, but stating my own experience). However, one offering one's unsupported and insupportable opinions with no actual experience is actually useless, and misleading to some that may read it as authoritative. Finally, yes, this board is for all that support and maybe "where to go to find something" and all that. However, you are decidedly NOT going to get legal advice here, and you shouldn't be relying on anyone else telling you "what to do," and that is my sole and exact point, from which I will not waiver (no pun intended), so why argue about it? It's not like I am going to change my opinion to: Oh yeah! You should listen to every Tom, ####### and Harriet posting to VJ to tell you what to do about your immigration issue!

Japau...no offense, but you're always so rude to people. It's no wonder people treat you the way they do. I've never seen you not act condescending towards someone.

You seem to hate it here; all you do is complain. Why do you stay?

[diadromous mermaid 36]

My only point is, as I say (and will continue to say), there's no lack of people here that are willing to bet your immigration status on their ego trips and possibly faulty advice.

You *ARE* including yourself in this statement....right?

No, because first, I am not pretending to be a lawyer or making believe I am some kind of immigration expert or intimating the same with a rampant knowledge of using google seraches to cite general information on any conceivable subject. Second, I am an attorney, but I am the Chief Legal Officer and General Counsel for a publicly traded company, not an immigtration lawyer: these are wholly different skill and knowledge sets. Third, I am not giving immigration legal advice, only my opinion (as I say many times) if I offer any opinion at all. Fourth, without fail (although I'm sure I've missed once or twice) I always suggest that people get competent legal immigration counsel to help them in any immigration situation. These cases are highly fact dependent, and only a competent immigration attorney should be consulted for the answers to any immigration question, not internet phantoms on an immigration posting board. If you follow the kind of advice you get from internet "know-it alls" and you end up out of status, deported or refused re-entry or whatever, well, you got what you paid for, you really have only yourself to blame and you have absolutely no recourse whatsoever.

Therefore, the short version answer to your question is "no, I *ARE* not."

UPL is ubiquitous, there's no denying that, and indeed it is not simply a problem in newsgroups, but occurs in virtually every industry at one time or another. And, indeed, in most states, with the exception of Arizona, if I am not mistaken, there are statutes that can impose criminal prosection or injunction (admonition) of individuals that are practising law without the requisite licence.

That being said, however, having a JD does not immune one from UPL. Indeed, I'll go one step further to say that having a Scientum Juris Doctor, SJD (or JSD) a higher degree reserved for only the exceptionally well educated attorneys, who've acquired 'expert' status in their particular field of study, have published scholarly legal texts in those areas, and are, for the most part, teaching and preparing our future attorneys-at-law in some of the finest academic institutions in the country, doesn't either!

"Expert" has nothing to do with immunity from UPL. A SJD can very easily be more expert in his area than any practising attorney. Being an "attorney" does not act as an exemption from UPL, either. An attorney licenced in one state can be just as exposed to the hazards of UPL as the general lay person if he or she chooses to practise in another without the requisite licence or pro hac vice. In fact, even being a Chief Legal Officer, doesn't necessarily mean one is licenced to practise law. Many judges, sitting or presiding over lower administrative courts aren't licenced practitioners and yet their understanding of the tenets of law are honed and acute...and according to the Consitution there's no articulated requirement that a Supreme Justice be licenced either. So, if a judge or a Supreme were to offer advice, they *could* run into the same problems as any one of us on this newsgroup.

The issue of UPL lies in the licencing and in making sure that one does not masquerade as being something one is not, which, as far as I can see, is not occuring on this board. An opinion, duly represented as such from japau, is not different as an opinion from me or from anyone else on this board. Although, being an officer of the court, chances are if he did cross the lines (and those lines can be fairly vague) and engage in UPL, he'd run more likelihood of being admonished than many members of the general public.

It is true that some people's personal experiences are good to know when dealing with any issue (like I offered in the mischaracterized referral post wherein I wasn't offering relationship advice, but stating my own experience). However, one offering one's unsupported and insupportable opinions with no actual experience is actually useless, and misleading to some that may read it as authoritative.

Without each and every one of us posting our CVs and a detailed accounting of our own experiences, letter by letter, fact by fact, how, prey tell, can you characterise what is one's personal experience and what is simply "unsupported and insupportable opinions with no actual experience"?

Edited September 29, 2006 by diadromous mermaid