Approved I-485, denied I-90

[helenandjoseph 0]

My case is a bit of a mess at the moment - through a series of

unfortunate mistakes by USCIS. I am an Australia citizen. I entered

the US in April 2009 on a K1 fiance visa, and was married on May 25

2009 (within 90 days). We were financially unable to apply for AOS

until September 2011 (my husband was a full time student, and then we

had our first child). My 1-485 was approved on Jan 10 2012. I received

the I-797 welcome notice, but never received the green card. I

contacted and pressed for the tracking information for the card that

was apparently issued - but they could find no tracking number, and

therefore assumed it was never sent. I was told to file an i-90, which

I did in early March 2012. Just yesterday I got a letter explaining

that my I-90 was denied because I was admitted as a conditional

permanent resident in April 2009, and my conditional residency expired

in April 2011, and I had not applied to have the conditions lifted,

and therefore have no legal status in the US. This is a mistake on

their behalf - confusing my entry into the US (on a K-1 non-immigrant

visa) with my being granted conditional permanent residency.

There is an urgency to this matter - In January when I was approved

for a green card, we started planning a trip to visit my family for

the first time since we were married. I have brothers and sisters who

have not met my child, and I'm now pregnant with our second. As soon

as I filed the i-90, I made an infopass and got an ADIT stamp in my

passport so I could travel this summer. Last week we purchased our

tickets to leave on June 15. Now that my i-90 has been denied, I'm

unsure of wether or not I can travel on that stamp, and I will NOT

leave the country if I can not get back in.

[ceadsearc 516]

I would schedule a second INFOPASS appointment. It sounds like there was a mix up and they think you either entered with a CR-1, not a K-1, or for some reason listed your GC approval date as your entry date and thus think you did not file for ROC.

[helenandjoseph 0]

I have scheduled an infopass - the earliest available is June 5 - 10 days before we're supposed to leave. I've also called and submitted a service request through the customer service center which I should hear something back on in 15 days. I just want this taken care of ASAP so I know what to do with our travel plans. Is it worth contacting my local senator/congressman? Hiring an attorney?

[Inky 1,110]

You wont be allowed back into the USA since they denied the I-90 you have no status and no temporary status anymore because there is no paperwork going on. You wont be able to use that stamp to get back in.

Make another infopass to get this mess cleared up ( hopefully ) and try to get back on the right track. I would not leave the USA at all with this much of a mess up going on until it is completely sorted and the green card is in your hand.

[grrrrreat 109]

My case is a bit of a mess at the moment - through a series of

unfortunate mistakes by USCIS. I am an Australia citizen. I entered

the US in April 2009 on a K1 fiance visa, and was married on May 25

2009 (within 90 days). We were financially unable to apply for AOS

until September 2011 (my husband was a full time student, and then we

had our first child). My 1-485 was approved on Jan 10 2012. I received

the I-797 welcome notice, but never received the green card. I

contacted and pressed for the tracking information for the card that

was apparently issued - but they could find no tracking number, and

therefore assumed it was never sent. I was told to file an i-90, which

I did in early March 2012. Just yesterday I got a letter explaining

that my I-90 was denied because I was admitted as a conditional

permanent resident in April 2009, and my conditional residency expired

in April 2011, and I had not applied to have the conditions lifted,

and therefore have no legal status in the US. This is a mistake on

their behalf - confusing my entry into the US (on a K-1 non-immigrant

visa) with my being granted conditional permanent residency.

There is an urgency to this matter - In January when I was approved

for a green card, we started planning a trip to visit my family for

the first time since we were married. I have brothers and sisters who

have not met my child, and I'm now pregnant with our second. As soon

as I filed the i-90, I made an infopass and got an ADIT stamp in my

passport so I could travel this summer. Last week we purchased our

tickets to leave on June 15. Now that my i-90 has been denied, I'm

unsure of wether or not I can travel on that stamp, and I will NOT

leave the country if I can not get back in.

What a mess. If you can't get a GC right away, ask if you can get a GC stamp in your passport so you can travel on it.

You wont be allowed back into the USA since they denied the I-90 you have no status.

I don't agree with this. He is in LPR status--the fact that his GC was lost in the mail and the I-90 was mistakenly denied can't terminate it. Really only an IJ can do that. But yes, I agree to get the mess sorted and get proof of LPR status (either a physical GC or a new I-551 stamp) before traveling.

[VanessaTony 3,567]

I don't agree with this. He is in LPR status--the fact that his GC was lost in the mail and the I-90 was mistakenly denied can't terminate it. Really only an IJ can do that. But yes, I agree to get the mess sorted and get proof of LPR status (either a physical GC or a new I-551 stamp) before traveling.

That's the problem though - they have her (she mentions her husband so she's a "she" not a "he" ) listed as a CR-1 in their system. They have in their system that she didn't file ROC like she was supposed to.. it might NOT just be an "incorrectly denied I-90". She would be playing it far too risky to leave while this is all still up in the air. CBP will just look her up in the system and if they read that her status was revoked 'cause she was a CR-1 who didn't file ROC, they're going to deny her entry... no matter what she says.

An IJ does not need to be involved with a case where someone doesn't file ROC in time... happens all the time and no IJ is involved. You just get a letter saying you're in removal proceedings because your status has expired and given 30 days to leave the country. A judge probably signs off on it or something but she doesn't necessarily see an IJ.

I would not be going anywhere until she gets that 10 year card (assuming she file an I-130, or a 2 year card if she didn't)... and hopefully they've corrected the error in the system.

passport so I could travel this summer. Last week we purchased our tickets to leave on June 15. Now that my i-90 has been denied, I'm unsure of wether or not I can travel on that stamp, and I will NOT leave the country if I can not get back in.

You need an INFOPASS. You need a GC stamp in your passport.

Did you file an I-130 with your I-485 to get the 10 year card based on 2 years of marriage?

Do NOT leave the country without first speaking to a CO at an INFOPASS. There is no guarantee you would be let back in.

Edited May 23, 2012 by Vanessa&Tony

[grrrrreat 109]

That's the problem though - they have her (she mentions her husband so she's a "she" not a "he" ) listed as a CR-1 in their system. They have in their system that she didn't file ROC like she was supposed to.. it might NOT just be an "incorrectly denied I-90". She would be playing it far too risky to leave while this is all still up in the air. CBP will just look her up in the system and if they read that her status was revoked 'cause she was a CR-1 who didn't file ROC, they're going to deny her entry... no matter what she says.

An IJ does not need to be involved with a case where someone doesn't file ROC in time... happens all the time and no IJ is involved. You just get a letter saying you're in removal proceedings because your status has expired and given 30 days to leave the country. A judge probably signs off on it or something but she doesn't necessarily see an IJ.

I would not be going anywhere until she gets that 10 year card (assuming she file an I-130, or a 2 year card if she didn't)... and hopefully they've corrected the error in the system.

You need an INFOPASS. You need a GC stamp in your passport.

Did you file an I-130 with your I-485 to get the 10 year card based on 2 years of marriage?

Do NOT leave the country without first speaking to a CO at an INFOPASS. There is no guarantee you would be let back in.

We agree in substance, and I understand USCIS's mistake. But if OP was granted LPR status, USCIS's administrative mistake can't negate that. Removal proceedings involve an IJ--the letter just begins the process. An LPR can't be removed without access to an IJ!

But again, we agree in substance, get it fixed!

[helenandjoseph 0]

OK. I did not file an I-30 with my I-485. I did that on the basis of my K-1, and on Jan 10 2012 was granted the 2 year conditional permanent residency. It was this card that was issued but never sent to me. The confusion may have occurred because I was applying for a new conditional card even though we have been married 3 years this month. I was planning on applying to lift the conditions by Jan 2014, when my conditional permanent residency WHICH WAS GRANTED would expire. I really don't see how this denied I-90 could negate my conditional permanent residence status. They cannot have me on record as being a conditional permanent resident from April 2009, since then there would have been huge issues with my initial I-485 which was filed in September 2011. Question: can I just file a new I-90 and explain the situation with that, or do I have to file to reconsider the denied I-90 decision. If I could file a new I-90, I could get a new stamp in my passport (and have that I-90 fee waived), rather than deal with the whole reconsidering motion and THAT ridiculous fee. I feel so messed around at this point. I'm going in to my local reps office tomorrow morning to see if they can help at all. Also, I'm going to go in to the LA office next week and just wait in line to try and talk to someone because the earliest infopass I could get was in two weeks. None of this would be happening if the darn card they issued me just got SENT.

[VanessaTony 3,567]

Had you sent the I-130 you would have got a 10 year card, but that doesn't help you now, just pointing that out for anyone else in a similar position.

While in a sane world your status is totally fine, that letter seems to indicate that on their system something isn't quite right... and I would not leave the country and rely on CBP to permit you entry based on whatever info is in their system.

I would do the INFOPASS (or walk-in). I would think you could just file another I-90 but that doesn't change that in the system they MIGHT have you listed as CR-1 (and a CR-1 that didn't file ROC at that)... which is why I would attend the local office, find out what they have to say (they will check their system to find out what the deal is) and maybe they can re-activate the I-90 that was incorrectly denied... AND give you a GC stamp in your passport.

[ceadsearc 516]

OP: Is there another office you can get to that has earlier Infopass appointments, by chance?

[helenandjoseph 0]

I managed to speak to a supervisor today, who requested a review of my case. If you wanna know, the mistake that caused all this is that the dates they printed on my green card (which I never got) were not the dates they should have been. They printed a card for me that was vaild from April 2009 - April 2011. That is what is in their system, and because of this, I have been "out of status" since April of last year - regardless of the fact that I was approved Jan 10 2012. The supervisor I spoke with today told me not to worry about the denied I-90, but to focus on getting the I-485 reviewed and a g card with the correct dates printed. Pretty sure I'm not going to leave the country until I have the physical card in my hand. Mind boggling, isn't it? They even managed to give me an I551 stamp WHILE I WAS ON RECORD AS OUT OF STATUS. I guess the officer who gave me the stamp was just trying to be helpful, and didn't realise that by not checking up on it in the system could create huge problems. What if I had left before I got this denial notice? I'd be stuck overseas - probably have to have my second baby (due in October). I guess it could always be worse.

Anyhow - I'm just hoping that the request to review my file today will have moved forward by the time of my June 5 infopass.

[grrrrreat 109]

I managed to speak to a supervisor today, who requested a review of my case. If you wanna know, the mistake that caused all this is that the dates they printed on my green card (which I never got) were not the dates they should have been. They printed a card for me that was vaild from April 2009 - April 2011. That is what is in their system, and because of this, I have been "out of status" since April of last year - regardless of the fact that I was approved Jan 10 2012. The supervisor I spoke with today told me not to worry about the denied I-90, but to focus on getting the I-485 reviewed and a g card with the correct dates printed. Pretty sure I'm not going to leave the country until I have the physical card in my hand. Mind boggling, isn't it? They even managed to give me an I551 stamp WHILE I WAS ON RECORD AS OUT OF STATUS. I guess the officer who gave me the stamp was just trying to be helpful, and didn't realise that by not checking up on it in the system could create huge problems. What if I had left before I got this denial notice? I'd be stuck overseas - probably have to have my second baby (due in October). I guess it could always be worse.

Anyhow - I'm just hoping that the request to review my file today will have moved forward by the time of my June 5 infopass.

Don't worry--you weren't actually out of status, despite the mistake in their records. Once someone is able to retrieve your I-485 file and adjudication, it will be obvious that your LPR status began in January 2012 and could not have expired in April 2011. If you had left, you would have eventually been allowed back in once USCIS was able to verify that your LPR status began in January 2012, but I agree your trip might have been delayed and it would have been frightening. Despite USCIS's poor recordkeeping in this case, do not let anyone tell you that you have been out of status after January 2012, since only an IJ can take LPR status away.

I hope they are able to fix it by the time of your June 5 infopass and you'll get a new I-551 stamp or an expedited LPR card.

Edited May 24, 2012 by grrrrreat