accidental 10 yr green card instead of 2 yr

[VanessaTony 3,567]

1. Did you call USCIS and they sent you a new one? (also, how did they do that? She mails her 10 yr in and hopes it does not get lost in the mail while they prepare her new one?)

2. Did you apply to remove conditions as if it were a 2 yr card and if so, what happened?

3. Did anyone let this ride and if so, what were your consequences?

I will have to locate the particular thread I'm mentioning but this happened to a few people. I recall someone was upset because they had applied for USC and USCIS rejected it because they never ROC'd, and a K1 is required to. Their reason was they had TRIED to ROC after 2 years but USCIS kept rejecting it because of the 10 year card. They thought USCIS knew what they were doing and just thought it was good luck. Come USC time they lost the money for USC because it was denied. I believe they had to file for ROC (a YEAR late) and then they had to re-apply for USC. It was a bit of a mess.

To answer your questions:

1. You file the I-90, don't pay the fee (make sure you keep a copy of the card, front and back), and send a copy of your marriage certificate and a letter explaining you were sent a 10 year card in error. Register the mail, it's unlikely to get lost.

2. As I said above they rejected the ones I've seen because the card was wrong.

3. As I said above it came back to bite them later.

[wilgrace 3]

We have been married about 6 months and adjusted status a month ago. She got her green card in the mail and it is a permanent resident 10 yr green card. I'd like to hear from people to whom this happened rather than people telling me what the law says or speculation about what will happen at ROC or the citizenship interview.

Did you call USCIS and they sent you a new one? (also, how did they do that? She mails her 10 yr in and hopes it does not get lost in the mail while they prepare her new one?)

Did you apply to remove conditions as if it were a 2 yr card and if so, what happened?

Did anyone let this ride and if so, what were your consequences?

I would appreciate firsthand knowledge of this. I have seen on here where this has happened to people but not seen follow-up as to how they dealt with it later or what issues arose because of it.

Make an infopass to the nearest uscis office....and tell them about the error of your green card.....i did this when they sent my son green card and had his name misspelled on it....then you don't have to worry about it...it's not your fault someone didn't do his job correctly...about your 3rd question...dont keep it, you know isn't the right one... it will give you so much trouble later.

[bigdog 376]

Got ours until card is issued, because of impending travel.

[LylAndLu 3]

The best thing is to know what the law states rather than what others have done. Asking others not to tell you what the law states is knowingly refusing right counsel. While others who had been dishonest may not have had any repercussions from not mentioning it, you may. It is better to be honest about it than rely on the action of those who knew better but may have chosen not to do better. It's best not to feign ignorance. Be honest and let them know. Don't count on others to be your conscience based on what they did. Also, if you had gotten a 2 years conditional when you should have gotten your 10 years GC what would you do? Keep the two years or return it for the correct one? Think about it. It's a no-brainer. Be honest and let them know. Return it.

For "right counsel" I would go to an attorney not to a website. Taking responses here as "right counsel" is more dangerous. I take read this site for anecdotal value not for legal advice.

[Brother Hesekiel 2,236]

All that matters is that you file for RoC in a timely manner. Forget the card.

[Used to be broken 147]

All that matters is that you file for RoC in a timely manner. Forget the card.

I tend to agree with Bob on this one, although I rarely do And for the other post Re ID Card or DL in Illinois, get it first then deal

with green card issues if that is the way you decide to go. By then you will have SS card if you do not already and will not have to

worry about EAD issues as SS card and DL should work if SS card is not restricted.

[kcoyclay1 98]

@LylandLu - when I stated right counsel, I also stated that it meant doing what the law requires. I did not mean personal advice. I just want to straighten out the misunderstanding.

[milimelo 4,508]

All that matters is that you file for RoC in a timely manner. Forget the card.

Not really true. A couple who sent off for I-751 while she received 10-yr card by USCIS mistake and never attempted to correct it - got their I-751 submission returned. Someone at USCIS didn't bother to look up the marriage date and compare to green card date to make the connection they were doing the right thing. Come naturalization time, she couldn't naturalize because she hasn't sent in the ROC. Only after she sent all this in and I-751 was approved did they finalize the naturalization.

So, OP, file the I-90 (no fee as USCIS mistake), write a cover letter explaining the discrepancy and send it in.

[azopenmic 0]

For "right counsel" I would go to an attorney not to a website. Taking responses here as "right counsel" is more dangerous. I take read this site for anecdotal value not for legal advice.

You are right. That is why I had hoped to hear from someone who had been through this i.e. a person to say "It happened to me and the results were..." rather than something someone heard happened to someone or moral advice but hey...I know how forums work. If you don't want answers ya don't ask questions. It's also really cool that this board is so active and you can at least get some amount of input and most people are well meaning.

I will endeavor to tell you what happens when we try to adjust status in 10 years.

I'm kidding but I seriously was tempted to leave that without saying anything just to keep things lively. I'm still calling USCIS as if it was a 2 year just not doing it tomorrow.

[VanessaTony 3,567]

You are right. That is why I had hoped to hear from someone who had been through this i.e. a person to say "It happened to me and the results were..." rather than something someone heard happened to someone or moral advice but hey...I know how forums work. If you don't want answers ya don't ask questions. It's also really cool that this board is so active and you can at least get some amount of input and most people are well meaning.

I will endeavor to tell you what happens when we try to adjust status in 10 years.

I'm kidding but I seriously was tempted to leave that without saying anything just to keep things lively. I'm still calling USCIS as if it was a 2 year just not doing it tomorrow.

So just to confirm you're not going to correct the card and instead are going to keep the 10 year card and see what happens when you try and ROC in 2 years?

[Brother Hesekiel 2,236]

A couple who sent off for I-751 while she received 10-yr card by USCIS mistake and never attempted to correct it - got their I-751 submission returned. Someone at USCIS didn't bother to look up the marriage date and compare to green card date to make the connection they were doing the right thing. Come naturalization time, she couldn't naturalize because she hasn't sent in the ROC. Only after she sent all this in and I-751 was approved did they finalize the naturalization.

So, OP, file the I-90 (no fee as USCIS mistake), write a cover letter explaining the discrepancy and send it in.

You will need to stick with one version: either the couple sent off their I-751 or they haven't sent it in.

There are virgin births, black Albinos, and healthy children born with two heads, so it's indeed possible that someone at USCIS didn't bother to do their job properly. That can be fixed easily, however. One good way to ensure success is what you suggested yourself: write a cover letter with the I-751 explaining why they are required to file.

[azopenmic 0]

So just to confirm you're not going to correct the card and instead are going to keep the 10 year card and see what happens when you try and ROC in 2 years?

I should stick to that just to get a good moral judgement as I am sure some would love to tell me how dishonest that is. At this point I still don't know for sure what I am going to do because I have yet to hear from anyone who has been in this same situation and even then I am not positive I will base my call on one person's experience. I don't feel a sense of urgency to call USCIS as we are no where near removal of conditions anyhow. I am definitely hesitant to just put the GC in the mail without having a replacement in hand. It may be that they just send you a new one making the other void--like they do the EAD that they just ask you to destroy.

[ceadsearc 516]

Are you close enough to the local office to make an Infopass appointment? Not to sound like a broken record but an I-551 stamp in your passport Is the same as a green card and can be done at your local office.

Here is a thread of numerous people this has happened to. No follow-ups there but perhaps you can PM some of them if they are still around.

http://www.visajourney.com/forums/topic/267340-10-year-green-card-following-aos-approval-for-k-1-visa/

http://www.visajourney.com/forums/topic/261326-10-year-green-card-error/

And from another site:

http://forums.immigration.com/showthread.php?307760-I-received-an-unconditional-green-card-before-receiving-conditional-one-Why

[azopenmic 0]

Are you close enough to the local office to make an Infopass appointment? Not to sound like a broken record but an I-551 stamp in your passport Is the same as a green card and can be done at your local office.

Here is a thread of numerous people this has happened to. No follow-ups there but perhaps you can PM some of them if they are still around.

http://www.visajourney.com/forums/topic/267340-10-year-green-card-following-aos-approval-for-k-1-visa/

http://www.visajourney.com/forums/topic/261326-10-year-green-card-error/

And from another site:

http://forums.immigration.com/showthread.php?307760-I-received-an-unconditional-green-card-before-receiving-conditional-one-Why

Thank you very much. It looks like a couple of those people are still around and even active so I sent them messages. The local office is not that far away so I could go there if need be. If it turns out that there are no consequences I probably won't post a follow-up either as I know what that will cause here.

[kcoyclay1 98]

This is certainly a hot topic. What it boils down to is honesty and not chance. Even if someone got away with it, would you take the chance? Put this matter to rest by doing what is right. The card was not lost in the mail when it was en-route to you. If that is your fear, why not make copies of it and then overnight or mail it with receipt confirmation? It is beginning to appear that this "too good to be true" situation is testing your honesty and is hard to let go. There is a way to ensure that you have tracking on your mail. You have the option to use it if you are really concerned about it getting lost in the mail.

By the way, if you do a google your name, I think this topic will show up. It's easy for an investigator to see the advice you have received and the responses and action you have taken. Again, do the right thing. It's a no-brainer. You will have tracking information that can verify that you mailed it. Don't chose to do the wrong thing because it seems to be in your favor. It may go against you. Anyway, we cannot force you to do what you do not want to do; the call is yours.