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Filed: Timeline
Posted

Stop repeating the same things, it doesn't change the facts.

It is our opinion that you were sent the GC by mistake. If you try and enter you will most likely be turned around. If you AREN'T turned around and permitted to enter and later try to file for USC you will have your USC denied and your GC revoked for failure to maintain status.

You received the GC as a mistake. If USCIS didn't make mistakes there wouldn't be a form to correct USCIS mistakes on the GC.

If you want to try and use it, go ahead and try. But bear in mind you would essentially using a document you shouldn't be using to try and enter the US and that could be used against you. But it's your life and your choice. I personally wouldn't.

Your other option is to see an immigration attorney. As you're not in the US your wife should see an attorney and see what they say. Bearing in mind they care about money so be careful who you trust.

there is nothing made or send by mistake ( as i said i applied to remove condations on my status ) so whatever !

Filed: Timeline
Posted
i received my CR1 visa in 2008 , i went to united states for few months and had the premenint resident card ( 2 years ) and then i had family emergency and had to go back to my country , when i got in my country me and my wife had a fight and she filed for divorce in 2009 .. so i wanted to go back but i couldnt for some reasons , so i filed Remove Conditions On residese , and i filed in usa while i was in my country JORDAN

I don't understand... How could you fill ROC while being in Jordan? Is it possible?

And if you think there's no mistake and everything's okay, then why did you start this topic?

Did you wanted to know if you could use this GC to enter the US?

Feel free to do so. Seems like nobody here can convince you otherwice and it's your life after all.

Filed: Citizen (apr) Country: Australia
Timeline
Posted

there is nothing made or send by mistake ( as i said i applied to remove condations on my status ) so whatever !

You are wrong but you refuse to listen. You will pay the price, not us. So believe what you want.

Filed: Timeline
Posted

Guys you dont believe me right !!!! iam discussing this with you ... me and my wife knows they denied the ROC , but now we have it ! iam just confused iam really sorry i dont mean anything , if i dont want to listen to you i would'nt ask you guys .... it just i dont get it and never heard of something like this !! and my wife called ins and they told her he is good to go !!! so put yourself in my shoe ! wwouldnt you think the same ?

Filed: Citizen (apr) Country: Australia
Timeline
Posted

Guys you dont believe me right !!!! iam discussing this with you ... me and my wife knows they denied the ROC , but now we have it ! iam just confused iam really sorry i dont mean anything , if i dont want to listen to you i would'nt ask you guys .... it just i dont get it and never heard of something like this !! and my wife called ins and they told her he is good to go !!! so put yourself in my shoe ! wwouldnt you think the same ?

No I wouldn't because I KNOW you can't get ROC approved after that long outside the US. I also know, and have read, that USCIS screws up often. They also don't care if it's THEIR mistake, you would still pay the price.

Consult and attorney. The 1800 number is useless and it's not INS anymore, it's USCIS.

Filed: Timeline
Posted

No I wouldn't because I KNOW you can't get ROC approved after that long outside the US. I also know, and have read, that USCIS screws up often. They also don't care if it's THEIR mistake, you would still pay the price.

Consult and attorney. The 1800 number is useless and it's not INS anymore, it's USCIS.

why u fighting !!! are you helping or fighting ? thats what they send me !!!!! wanna see the gc ?

Filed: IR-1/CR-1 Visa Country: Algeria
Timeline
Posted

why u fighting !!! are you helping or fighting ? thats what they send me !!!!! wanna see the gc ?

I don't believe anyone is trying to fight here. You just don't seem to be understanding what everyone is saying. We believe you have a greencard in your wife's hands - we do not need to see it. It seems to be the general consensus that it was given to you in error and will be an issue if you try to use it. Everyone here is actually trying to be helpful as we do not want to see anything work against you if you can help it.

As someone mentioned previously the best idea would be to have your wife see an immigration lawyer or two. There will be no answer here you will feel 100% confident with. I know ideally you would love to hear someone here say it's all good, go for it... but I don't think you will hear it here.

Filed: Other Country: Brazil
Timeline
Posted (edited)

You said "me and my wife knows they denied the ROC", well once they denied the ROC there is no reason for you to have the Green card,period. In your case in order to have a green card you must have the ROC approved and to enter in the USA you will have to explain the immigration officers why you were abroad more than 180 days straight. Go to the web site www.uscis.gov and put your EAC number (find the number in your fingerprint letter) and see what's written there about your I-751 and post here.

When you enter in the USA they probably will take you in custody,once you got the CG, by mistake or not, they won't deport right away, you will have the opportunity to have a hearing in front of the immigration Judge if you ask them. When in custody do not sign any paper without having a lawyer with you ok.

Edited by sandranj
Filed: Timeline
Posted

You said "me and my wife knows they denied the ROC", well once they denied the ROC there is no reason for you to have the Green card,period. In your case in order to have a green card you must have the ROC approved and to enter in the USA you will have to explain the immigration officers why you were abroad more than 180 days straight. Go to the web site www.uscis.gov and put your EAC number (find the number in your fingerprint letter) and see what's written there about your I-751 and post here.

When you enter in the USA they probably will take you in custody,once you got the permanent, by mistake or not, they won't deport right away, you will have the opportunity to have a hearing in front of the immigration Judge if you ask them. When in custody do not sign any paper without having a lawyer with you ok.

I said me and my wife thought they denied it coz we didnt hear from them !

Filed: Other Country: Brazil
Timeline
Posted (edited)

kingjordan you said"me and my wife know they denied the ROC", I answered your question according with what you posted,read what you posted before please, now you corrected and said " me and my wife thought they denied ...", anyway I bet in your arrival they will take you in custody, but as I said before you will have the right to have a hearing in front of an Immigration Judge.

Most of people here have a permanent green card, but it doesn't mean they can stay abroad for 1 year or 2 years and enter in the USA without problem, in order to spend abroad more than 1 year and reenter in the USA all GC holders need to have a "re-entry permit".

Edited by sandranj
Posted

I know how tempting it is to get the easy way always... But not all the time the easy way takes you to where you want to go. Listen to the advise the members give to you. They know a lot about immigration processes and law. The general consensus here is that you should not use that document. If it was sent by mistake, even if it was not your responsibility you will pay the price and probably taken in custody at port of entry. In the end it will be your decision but if you decide to use it at least talk to a lawyer to see what options you have. Good luck!!

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Filed: Timeline
Posted

Im still trying to untangle some dates since your first post is a bit unclear.

Your wife filed for divorce in 2009, so you filed for ROC in 2009? You filed it with a divorce waiver (sent it in to the lockbox, included all your proof and you did so from overseas) Did you tell them you were overseas? You did not hear back from them until just now Jan 2013, when you received a 10yr GC in the mail- correct so far? You have not been back to US since.

So you are assuming your ROC was approved correctly and you have maintained residency requirements, and will not need a re-entry permit.

There are too many factors against you. First you need to be sure that the 10yr card was issued to you correctly. It could have been issued in error. If you applied for it and did not disclose you were residing overseas, thats fraud. Thats not their error. Thats you deceiving them. If the card was issued correctly, then theres a chance that you may have jeopardized your status by being out of the country for so long or would not be able to re-enter with out a permit.

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

Guys you dont believe me right !!!! iam discussing this with you ... me and my wife knows they denied the ROC , but now we have it ! iam just confused iam really sorry i dont mean anything , if i dont want to listen to you i would'nt ask you guys .... it just i dont get it and never heard of something like this !! and my wife called ins and they told her he is good to go !!! so put yourself in my shoe ! wwouldnt you think the same ?

OK tell us one thing how did you do your biometerics when you filed for ROC, since you were out of the US?

Filed: K-1 Visa Country: Ivory Coast
Timeline
Posted

I think there's the possibility u can use this green card without a problem. there also the possibility u do have a problem, it all depends on how u go about things. very important is get the opinion of an immigration lawyer, possibly he's come across a situation like yours before.

its possible uscis made a mistake, its also possible they didn't, its possible considering his circumstances there was a waiver, u told them everything, u have acknowledgement from them via emails, if u travel u should print all those out, I wud say get a lawyer to confirm with uscis u are good to use your gc, and print out that mail and travel, u can show it when entering the country.

I don't understand everyone saying uscis made a mistake, some vj members even mentioned they were sent green cards by mistake, by law and gc requirements u don't qualify, but u have a unique case. MAYBE there was a waiver, MAYBE it was not a mistake, MAYBE it was a mistake, we aren't uscis or US officials to decide, my friend, get an immigration lawyer to contact uscis on your behalf and on what do, i don't think your chances of succeeding is 0%, I wish u GOODLUCK!

Posted

hello everyone i have a big case to discuss with you all and i hope you all give me the right thing .

i got married to an american lady in 2006 and we had a daughter then i received my CR1 visa in 2008 , i went to united states for few months and had the premenint resident card ( 2 years ) and then i had family emergency and had to go back to my country , when i got in my country me and my wife had a fight and she filed for divorce in 2009 .. so i wanted to go back but i couldnt for some reasons , so i filed Remove Conditions On residese , and i filed in usa while i was in my country JORDAN .

after i filed this form , me and my wife get back together and we normally talk and i told her about the file i sent to USCIS , she said i dont think they will do it because we had a divorce , so i went to american embassy in my country and told them they said you need to remarry your wife , so my wife came in NOV 2011 and we got married again . so she was about to send the paperwork and as many people told us to file AGAIN for i-130 , so she was about to file the i-130 till yestarday the mail man showed and gave her a file from USCIS and it was a ( 10 Years ) green card .

this is confusing right ? :)

ok now i have 2 kids from my wife

they gave me 10 years green card .

My question :

i have been away of united states since 2008 which means 4 years .

can my wife mail the new green card to me and i can enter the united states with no problem ?

Please i need a help i havent seen my big daughter in 4 years and my new son named Jordan will be ayear soon . so i really need to know and if u have anything ask me am here .

best regards

Let's see here. You received a 2 year GC in 2008. Got divorced in 2009 while in Jordan.Filed for ROC while in the US, but actually living in Jordan. You should have filed in 2010 if married so did you file using the waiver once the divorce was finalized? So you filed in 2009 and just now received the 10 year GC after 3 years of processing. Okay, it does not matter whether you have a 10 year GC now or not. It does not matter if USCIS screwed up or not. The FACT is you have been in Jordan since 2009 and have abandoned your LPR status. Period. End of story. The GC is not valid because YOU have remained outside the US for more than 2 years without a re-entry permit. You have not even tried to maintain your LPR status by returning to the US during this 3-4 year period. You GC is toast, not valid, abandoned. You will be denied entry. Sorry, but it has nothing to do with the USCIS finally getting around to issuing the 10 year GC. YOU remained outside the US too long.

Have your wife start the spousal visa petition as that is the only way IMHO you will ever get back into teh US.

Good luck,

Dave

 
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