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samill1234

HELP!!USCIS made mistake on my GC,got dinied for I-90 form requeting to replace card!

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Filed: AOS (apr) Country: China
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2015.5 Entered USA

2015.6 married

2015.7 I-485 filed

2015.11 green cared received with mistake on the card as: Crad expires 2016.11 resident since:2014.11

I was not in USA in 2014 at all!

2015.11 I-90 filed requesting to replace GC because of USCIS error.

2015.1 Biomitric taken

2015.3.28 Got a notice says:

Statement of facts and Analysis Including Grounds for Denial

You indicate on your form I-90 that your existing cad has incorrect data because of USCIS error. However,USCIS records shows that the data on your Form I-551, Permanent resident card is correct, Therefore, you are not eligible for a replacement I -551 Permanent resident card

.......If you believe that the denial of your Form I -90 is in error, you may file a form I-290B.......

Of course the denial is in error! I have all kinds of proof for that, but the Form I-290B cost 650$!!!

we called the customer service, the first person transferred us to talk to a 2nd level officer in the phone. She did a service request to the officer who dealt my case. but we have to wait for 2~3 weeks to get a respond. and we have a following trip to India from April 12th ~ May 5th! By the time we are back, the 30 days to file the form is gonna expire.

Has anybody ran into the same situation as we are now? I am afraid the respond to us still asks to file I290B form. we dont want to pay for that,because it is not our fault at all!!

Please give some suggestions if you can. Thank you!

Edited by samill1234
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Can you file another Form I-90? Or can you wait until ROC since your card expires in eight months? Technically, you can apply for ROC in five more months, right?

I am assuming you had biometrics in January 2016 and denial March 2016?

Edited by Amhara



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Schedule an infopass appointment.

Nevermind...I see that you are saying the GC has put your resident since date much earlier than it should have been. I suggest what MrsBurgz has. Their decision is nuts! Did they have your I-94 on file?



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Filed: AOS (apr) Country: China
Timeline

Nevermind...I see that you are saying the GC has put your resident since date much earlier than it should have been. I suggest what MrsBurgz has. Their decision is nuts! Did they have your I-94 on file?

yes, I have I-94, it says most recent date of entry:2015 MAY 13.

I also have the K1 visa which states the date when it was issued.

actually when we were taking in the phone with a second level officer, she asked me when I filed I485, and she checked that, she knows there is a mistake made. But she also said, in the system it shows me entered US in 2014!

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Filed: AOS (apr) Country: China
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Schedule an infopass appointment.

they already made a service request reporting the problem to the officer who dealt with my case. Do I still need to make an infopass appointment? what can be done in an appointment?

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Filed: Citizen (apr) Country: Canada
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Wow what a mess, I can't believe they would make a mistake of a whole year like that!

Try calling again a few times - I have found that talking to different people you can get different answers as some of them know more and have dealt with different types of cases than others, so might be able to provide you more info.

If you attend an Infopass and show the entry record and incorrect green card in person, they would hopefully be able to help you right away and point you in the right direction as it is a pretty big mistake on their part!

CR1 / CR2 Visa:

(Day 1) 12/16/11: I-130 Application sent

(Day 283) 09/24/12: Interview at US Consulate – Approved!

(Day 287) 09/28/12: Visa Received & Immediately entered US using Visa

(Day 290) 10/01/12: Social Security Card sent automatically

Removal of Conditions CR1 / CR2
(Day 1) 07/28/14: Application sent.
(Day 135) 12/10/14: ROC Approved!
(Day 143) 12/18/14: 10 year GC received (IR1 / IR2)

Naturalization:
(Day 1) 06/30/15: Application sent.
(Day 210) 01/26/16: Interview and Oath Ceremony. DONE!

***Son and I became US Citizens 01/26/16***

(Day 1) 01/27/16: Applied for my U.S. Passport
(Day 14) 02/10/16: Passport Book & Cert of Naturalization received

(Day 1) 03/16/16: Applied for U.S. Passport for son

(Day 22) 04/07/16: Passport book and original docs received...(Card rec'd 04/16/16)

N-600 for child age 9
(Day 1) 01/27/16: Application sent

(Day 12) 02/08/16: NOA received

(Day 23) 02/19/16: Case received at local office

(Day 88) 04/23/16: In line for oath scheduling *Called USCIS to inquire about why there is an oath required for a child under 14. They sent a service request to the field office.

(Day 95) 04/30/16: Received letter from field office to say no oath necessary and that they would mail the certificate.
(Day 106) 05/11/16: Cert of Citizenship received by registered mail (they never sent tracking. case status was never updated either)

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And don't be afraid to demand an answer from a supervisor or superior. They should explain why you are being told to file an appeal for $620, when you are trying to comply with the law to inform them the year is incorrect. Someone is overlooking the year, you have demonstrated that, so they should explain to you why their decision is correct - you shouldn't need to appeal to have their position explained.

If they try to say that you need to appeal, continue to demand an explanation so that you can appeal - even if you don't truly intend on appealing. Tell them you need to include the USCIS's position in the appeal, and for that, you need an explanation. When they get around to saying the date is correct, ask why is it correct when the year is later than your entry date shown on official government documents. Hopefully, someone will hear how dumb it sounds and accelerate your issue for managerial review.



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Filed: AOS (apr) Country: China
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And don't be afraid to demand an answer from a supervisor or superior. They should explain why you are being told to file an appeal for $620, when you are trying to comply with the law to inform them the year is incorrect. Someone is overlooking the year, you have demonstrated that, so they should explain to you why their decision is correct - you shouldn't need to appeal to have their position explained.

If they try to say that you need to appeal, continue to demand an explanation so that you can appeal - even if you don't truly intend on appealing. Tell them you need to include the USCIS's position in the appeal, and for that, you need an explanation. When they get around to saying the date is correct, ask why is it correct when the year is later than your entry date shown on official government documents. Hopefully, someone will hear how dumb it sounds and accelerate your issue for managerial review.

the funny thing is you can not find the person to talk with. seems like the only channel to contact them is through the phone. and they deliver our message to the supervisor or superior. you never get to communicate with the person who dealt with my case. and all we can do is to waiting!

So I was looking for a channel to get ahold of somebody who can really do something to this case and give us the chance to provide the evidence. I wrote to our congressman yesterday. and his secretary contacted us 30 minutes later after I sent the email!! he asked me to fill some form and sign. and said once he will follow up with the USCIS once he got my form!

looking good! Wish me good luck! :goofy: :goofy:

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Filed: AOS (apr) Country: China
Timeline

Wow what a mess, I can't believe they would make a mistake of a whole year like that!

Try calling again a few times - I have found that talking to different people you can get different answers as some of them know more and have dealt with different types of cases than others, so might be able to provide you more info.

If you attend an Infopass and show the entry record and incorrect green card in person, they would hopefully be able to help you right away and point you in the right direction as it is a pretty big mistake on their part!

thank you for your concerning, lilsweetie :)

you are right about different person have different answers!! we got to talked to 7 people on the phone already!

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Your congressman 's immigration aide can sort this out for you fast - just contact them and provide the info and the release form. They have direct line of communication with USCIS.

ROC 2009
Naturalization 2010

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Filed: AOS (apr) Country: China
Timeline

Your congressman 's immigration aide can sort this out for you fast - just contact them and provide the info and the release form. They have direct line of communication with USCIS.

It is so great I got email both from the congressman and his secretary, and they said they will keep me updated! what a service!! Let's see if they can get my green card back before the end of May, so I can use my green card to go to Canada fishing. :)

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update: April 7th, USCIS reopened my case!!!

Phew! Saved your rent money!!! I'm glad to hear that! Someone obviously got their years mixed up!



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  • 4 weeks later...
Filed: AOS (apr) Country: China
Timeline

Phew! Saved your rent money!!! I'm glad to hear that! Someone obviously got their years mixed up!

thank you.

good news! I got my green card on April 23!!!!! All information is right this time. it is amazing! our congressman's secretary is so efficient, If I hadn't contacted the congressman, I was supposed to PROBABLY get a respond about what the USCIS would deal with my issue by April 20, now we just got it!

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