I-90 Denied, Please Help!!!!

[aaroncali5 2]

Hello everyone, my name is Aaron and i'm new to this forum. I've been dealing with a very frustration immigration situation during the last couple of weeks and need ur advice would be greatly appreciated. On July 11, 2011 I submitted application form I-90 to replace my permanent resident card. USCIS cashed my check and sent me a notice of receipt with a case number informing me the application has been received and in process and the next step is to attend a biometrics appointment. On December 27, 2011 I receive a status update online notifying me that my case has been denied for failure to attend biometrics capture. I was horrify because I had never receive a letter in the mail nor a status update online that a biometrics letter was sent out. The following day I called customer service hotline spoke with an immigration officer and told him that I had never received a biometrics appointment letter in the mail. He told me he would put in a request for my case to be reopen and a new biometrics appointment. On January 12, 2012 I received a denial letter stating my case cannot be reopen unless I submit form M-188 (Motion to Reopen) with fee of $685. I called customer service again the following day and spoke with another immigration officer and he told me the only thing I can do is submit a new I-90 and fee because I cannot submit a motion to reopen without any evidence and I have no proof that USCIS failed to send out my biometrics letter and according to the officer it was sent out on August 2, 2011 with an appointment for August 22, 2011. For whatever reason I never receive the letter which is very frustrating and i've never had a problem with the post office for failing to deliver my mail. USCIS has no record of the letter being return as undeliverable and they are blaming the postman for the mistake. I don't know who is at fault but I am the one being penalize for their mistake because I have to submit a new I-90 form with the fee of $450 that I do not want to spend. Has anyone been through similar experience that you can share or have advice you can give me. Thank you.

[VanessaTony 3,567]

Did you contact USCIS asking about your biometrics? You knew you were waiting on it and you should have known it would have taken a month or two so if you called you stand a chance. If you just ignored it then there's not much you can do. You can try contacting you senator/congressman but as USCIS told you, unless you have proof you didn't get it then they'll just wonder, like I just did, why you weren't following it up yourself long before now.

[aaroncali5 2]

Yes it was my fault for not following up on my case. I just figured they would send me a status update online when they mail out my biometrics as I am register with USCIS for case update. I guess I have no choice but to start over. I just don't understand why they don't just send out a new biometrics notice. USCIS makes everything so complicated and costly.

[VanessaTony 3,567]

Yes it was my fault for not following up on my case. I just figured they would send me a status update online when they mail out my biometrics as I am register with USCIS for case update. I guess I have no choice but to start over. I just don't understand why they don't just send out a new biometrics notice. USCIS makes everything so complicated and costly.

Had they not already cancelled and denied your case then you could have gone to the biometrics place and had them done late. I know it doesn't seem fair but it's been a while. You'll see so many people on here talking about what's taking so long with their cases. they follow up. You'll know now of course, an expensive lesson.

[Kajikit 65]

Unfortunately, they have you over a barrel. If ANYTHING never arrives it's assumed to be 'lost in the mail' and it's magically not USCIS's fault. They don't care how much money we've spent and how long we've spent waiting - they refuse to make exceptions. I never got one of my pieces of paper and the only recourse they gave us was to pay them for it all over again and start over. Fortunately it was NOT an essential document (just my permission to leave the country and return) so we just went without it, knowing that I wasn't likely to be going back to Australia anyway. I feel very sorry for people like you who have not gotten things that were really important.

[aaroncali5 2]

Its very frustrating because I submitted my i-90 application since July of 2011 and for them to tell me to file again and pay the fee is just outrageous. I submitted a new application last week and paid a new fee of another $450 so thats a total of $900 for a new Green Card not to mention how long it will take to process the application. Does USCIS think we have disposable income lying around. Its easy for them to say file a new application but what they don't realize is its costly and time consuming or maybe they don't care they just care about the money. This whole ordeal has caused me so much stress. I just hope this whole process will be over soon.

[aaroncali5 2]

By the way, I have never lost any mail from the postman so I question if USCIS really mail my biometrics appointment even though they claim it was mail on August 2, 2011. They have no record of it being returned as undeliverable so makes me wonder.

[VanessaTony 3,567]

By the way, I have never lost any mail from the postman so I question if USCIS really mail my biometrics appointment even though they claim it was mail on August 2, 2011. They have no record of it being returned as undeliverable so makes me wonder.

But that doesn't mean it wasn't delivered to SOMEONE. My wedding pictures were delivered to some random other person, even signed for them, so as far as the photographer was concerned she'd sent the pictures to me and had confirmation of delivery even. Luckily she was nice and just sent me another copy (was just CDs thankfully) and the person who got the originals returned them to my photographer (her son had signed for them while she was at work).

Anyway it happens. I wish USCIS was more understanding but they get screwed over a lot (people lying and cheating) so I can understand, but totally not like, their view on it.

[sleepy in Seattle 3]

Sorry for your situation but it seems apparent that you have no other option but to start the process all over again. Very expansive lesson learned here. I was wondering do we have to renew our work visa, I still have one more year before having to renew my temp green card, whew! But than again this entire situation has been one expansive ride and a never ending money pit!

[aaroncali5 2]

Sorry for your situation but it seems apparent that you have no other option but to start the process all over again. Very expansive lesson learned here. I was wondering do we have to renew our work visa, I still have one more year before having to renew my temp green card, whew! But than again this entire situation has been one expansive ride and a never ending money pit!

If you have to renew your temp green card within a year I suggest you renew it 6mths before it expires to avoid any delays. I learn a very expensive lesson. Today USCIS sent me a confirmation email that my application has been received and routed to the NSC for processing and within 7-10 days I will receive my official receipt Notice with my receipt number. I wish they would notify me by email like they do now everytime my case is being "touch". Had they sent me an email informing me that my biometrics letter was sent out I would probably not be in this sitation like I am now. The check for $450 was also cashed today. I hope i'm on the right path this time without any incidents.

[ceadsearc 516]

If you have a 2-year conditional green card you don't need to renew any work visa/EAD/etc. Your GC is your work authorization now.

Unfortunately you cannot submit your paperwork to remove conditions on a green cars 6 months early. 90 days early is the max, but your NOA1 will give you a 1-year extension.

[sleepy in Seattle 3]

If you have to renew your temp green card within a year I suggest you renew it 6mths before it expires to avoid any delays. I learn a very expensive lesson. Today USCIS sent me a confirmation email that my application has been received and routed to the NSC for processing and within 7-10 days I will receive my official receipt Notice with my receipt number. I wish they would notify me by email like they do now everytime my case is being "touch". Had they sent me an email informing me that my biometrics letter was sent out I would probably not be in this sitation like I am now. The check for $450 was also cashed today. I hope i'm on the right path this time without any incidents.

Oh that is just awful, so you say that I should do it 6 months in advance, thats insane but thank you for informing me. I've had enough with the worrying already. I just wish that I could just wake up a free person again!

[JimVaPhuong 4,863]

Oh that is just awful, so you say that I should do it 6 months in advance, thats insane but thank you for informing me. I've had enough with the worrying already. I just wish that I could just wake up a free person again!

No. Read the response after the one you replied to.

First, what you need to submit is not simply a renewal of your green card. You need to submit a request to remove conditions, and obtain an unconditional green card. The OP submitted an I-90 renewal. You will be submitting an I-751 removal of conditions. They aren't the same thing. USCIS isn't finished determining whether your marriage is bona fide. That's why your status is conditional for the first two years.

Second, you can't submit the application more than 90 days before your conditional green card expires.

[VanessaTony 3,567]

Second, you can't submit the application more than 90 days before your conditional green card expires.

Unless you're divorced in which case you should file ROC after the divorce is final OR during the 90 day window, whichever is sooner.

Edited February 8, 2012 by Vanessa&Tony

[JimVaPhuong 4,863]

Unless you're divorced in which case you should file ROC after the divorce is final OR during the 90 day window, whichever is sooner.

Yes, sorry. I should have said they can't jointly file the I-751 more than 90 days before the conditional green card expires.