Need advice on a strange situation

[tellerin 0]

Hello all,

I am in a bit of a spot here. My wife's father who is a citizen of South Korea began his green card application early last year. His status was approved and the green card was supposedly sent through USPS July, 2012. Two Months later and the card never arrived. After numerous calls and visits to the USPS and the Baltimore USCIS office it was determined that the card was lost by USPS and we would have to file for a replacement card. In the meantime my father in law's South Korean passport was stamped with a 6 month visa which USCIS assured us would act as a green card.

We sent documentation to USCIS provided by USPS that the card was lost en route along with the application for replacement card in November and have been waiting to hear back since then. In January 2013, after getting another 6 month stamp in his passport from USCIS, my father in law returned to Korea to see about selling his property there in preparation for the move to the United States. He planned on returning in May.

Today we received a letter from USCIS telling us that his green card has been denied because he was not present to receive the card from the USPS. I plan on writing to my local Reps and Senator but is there any other action we can take at this time?

My wife and I did not have a formal wedding when we were married last year and so we have been planning a traditional wedding coming up in August. We are both US citizens and her mother is a permanent resident. We are both very worried that her father will not be able to attend our wedding or come reside in the United States.

Thank you for your time!

[Villanelle 4,122]

A letter to your rep is okay and can help in some cases- but the denial form should have specific instructions on it on how to appeal the denial. You must fill out the appeal form if you want something to happen.

What appeal form does it instruct you to use?

You must bring the appeal form in person back to your local office- do not mail it in. When you get there (try to make an infopass apt- if there are no slots open just go) Ask to speak to a supervisor.

Youre going to have to explain the situation to them. Youre going to need proof of everything. Youll need copies of his passport stamps, sinces hes overseas, have him scan them (color scans) and print them out in color- every single page of the passport please. Youre going to want proof of everything that happened from the first 'lost GC' to the denial letter. I really hope you kept copies from when you showed it was lost the first time.

Typically when you file a motion to appeal a denial you fill out a brief. Its a basic letter explaining what happened, you must write it in a professional format.

Start at the beginning and refer to your proof when relevant. Label your proof as exhibits.

Ex- on x date GC was approved. See approval notice exhibit a. On y date USCIS mailed card, USPS lost card- proof is Z exhibit, letter from USPS confirming such attached.

Depending on which box you check off on the motion you may or may not have to cite which policy allows your motion to be heard and/or approved.

A google search can help you determine what you need or post back here for help.

The motion typically calls for a fee to be paid. User experience here shows a lot of times, they are granted and the fee is waived. Go in expecting to pay and be pleasantly relieved if you dont have to.

Depending on the motion and box you check and who reviews it and makes a decision- It could take anywhere from instantly to 60 days to 6 months to be resolved.