Misplaced EAD Card in Mail

[SquashGuy 4]

Hi folks,

I've found this forum incredibly useful through my own journey, and now a unique situation has come up that I'm hoping someone can help with.

Basic background: I am applying for AOS through my wife. The AOS application was received on December 29, 2011. I gave my biometrics on Feb 1, 2012.

Situation: My wife and I moved apartments in early February, but I did not register a change of address with USCIS - I had initiated mail forwarding with USPS and was not aware that I could change my address online. On April 4th, I checked my case status online and discovered that my I-765 application had been approved and they had mailed my card on March 1st. This is the exact status (Card/Document Production):

"The USPS reported that your new card was delivered on March 1, 2012, directly to the address we had on file. If you did not receive your card, or have any questions, please call our customer service at 1-800-375-5283."

It was my mistake for not checking my status regularly, but I was shocked to see it had processed so quickly, and that I had been unaware that it had been delivered as well. I checked with the new tenants of the previous apartment (they are friends), and checked with the local post office as well, but couldn't trace anything - no tracking number, delivery confirmation, etc.

Subsequently, today I called the USCIS Customer Service helpline and placed a Service Request for a replacement card. They logged the request (person on the phone was polite and helpful), updated my address, and mentioned that because it had been over 30 days since the delivery, somebody would call me back within 15 days and take it from there (they weren't very specific on what happens after).

So, my questions are:

1) Has anyone else had a similar experience where the card was lost/misplaced in the mail. If so, how did you handle it?

2) How long did it take to get the replacement card?

3) Are there any other considerations/ramifications I should be thinking of?

Any guidance or commentary would be extremely appreciated! I am annoyed with myself for not staying on top of the situation, but I never thought the AP would be ready in 2 months. Thank you for your help.

[Inky 1,111]

3) Are there any other considerations/ramifications I should be thinking of?

You must update any change of address as a green card holder all the way up till you have your naturalization certificate. The USC should also update their address as well.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2e5174ab3d2fa210VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Penalties for Failure to Comply

A willful failure to give written notice to the USCIS of a change of address within 10 days of moving to the new address is a misdemeanor crime. If convicted, you (or parent or legal guardian of an alien under age 14 who is required to give notice) can be fined up to $200 or imprisoned up to 30 days, or both. The alien may also be subject to removal from the United States. (INA § 266(b)). Compliance with the requirement to notify the USCIS of any address changes is also a condition of your stay in the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefit.

[Harpa Timsah 13,258]

USPS will not forward USCIS mail. On the bottom of every paper you get from USCIS, it says: If you move, call us at 1-800 blah blah."

You must immediately let them USCIS that you moved, first of all. Your whole case is in jeopardy because of this.

They might not issue you a replacement card if the mail did not come back as undeliverable.

You can try to chase down a replacement card, but the most important thing is that you update your address with them so you can get notices, like your interview appointment. If you miss that appointment, your case will be denied.

[ValerieA 350]

My EAD was returned as undeliverable, because the postman we have is an idiot, I think. We had moved between applying and interview, but I had updated my records with USCIS. Still, the card production email was 7/22/10, and even with that, I got my (useless, since it was after my interview) EAD card on 8/5/10. So, it got delivered twice in 2 weeks - pretty darned good. I learned through this process that (my postman not withstanding) USPS is very quick and reliable.

The thing I would be concerned about, if I were you, is your interview letter. I would call in and make sure that you haven't missed it.

[SquashGuy 4]

Thank you for your quick responses.

I have updated my address now. I also received the letter for my I-485 application, and it says my interview is scheduled for May 10th.

Do you know what kind of mail USCIS would send the card in? Presumably it is regular mail similar to what the I-797C is mailed in? If that is the case, it wouldn't require any kind of signature or confirmation of delivery correct?

[ValerieA 350]

Mine didn't. It was just regular mail. I wouldn't worry about your EAD, you will have your green card soon enough, anyway. Glad to hear you got your interview notice! Congratulations!

[SquashGuy 4]

ValerieA, you got an email that your EAD had been dispatched?

When you say it was delivered twice in 2 weeks, was it the same card or a replacement card the second time around?

Thanks for the responses folks...I'm trying to put the pieces together here by gathering information.

[ValerieA 350]

I have no way of knowing for sure, but I do believe it was the same card. And yeah, I had signed up for email notifications and that's how I knew it had been sent back. I really dislike our postman.