ROC not required, also given wrong green card and residential status

[yolisa315 1]

When I entered the US I had already been married to my husband for 2 years and a month.

we filed to remove conditions on 06/07/17 my card expires on 07/06/17 so we were a bit worried when our package got returned but turns out I did not have remove conditions in the first place. 

 

There is a nice rule we didn't know about when I entered the US and some people may know about it so feel free to chime in but for those who do not here's a shorter version "if you have been married for more than 2 years on the date you are admitted into the country, you do not receive conditional residence status or conditional green card therefore no need to file the I-751, instead you automatically receive the 10 year permanent resident status but green card expiration date is still within 2 years so you do have to file the I-90 to renew the card to have a valid date of expiration for the next 10 years.

 

They explained in the letter that there was a system error and I was incorrectly admitted when I arrived and I was given the conditional resident green card and status by mistake.

 

Our lawyer at the time missed this too but it's of no consequence because we were still on the right filing window, the $680 for the I-751 was returned the filling fee for the I-90 was waived and we're good for now but still would have been nice to know from the beginning.

[mindthegap 2,590]

I would half expect it from the inconsistent knowledge/ application of the law exhibited by some CBP/USCIS agents, but did your immigration attorney get their law degree in a box of cheerios?

 

 

Jesus christ....

[Russ&Caro 1,549]

20 minutes ago, mindthegap said:

I would half expect it from the inconsistent knowledge/ application of the law exhibited by some CBP/USCIS agents, but did your immigration attorney get their law degree in a box of cheerios?

 

 

Jesus christ....

Yeah, my reaction on the miss by attorney was, "Yikes!"

 

OP, you might want to point out the obvious miss and see if an "adjustment" of fees could be made. Bottom line, he/she should refund all fees associated with assisting and submitting i-751, if not more. The bad publicity that could be generated around this miss might be worth some extra refunds to you.

[Dashinka 24,520]

49 minutes ago, Russ&Caro said:

Yeah, my reaction on the miss by attorney was, "Yikes!"

 

OP, you might want to point out the obvious miss and see if an "adjustment" of fees could be made. Bottom line, he/she should refund all fees associated with assisting and submitting i-751, if not more. The bad publicity that could be generated around this miss might be worth some extra refunds to you.

I agree, the attorney owes you any fees they charged for putting the I751 package together.

 

Good Luck!

[yolisa315 1]

you're all right, it's worth a try at least would never expect this from her given her high profile clients.

Edited June 28, 2017 by yolisa315
Typo

[Russ&Caro 1,549]

By the way, many years ago I worked in a very specialized of the US legal profession, as an agent instead of as an attorney.

 

Although I never made an exact analogous error as OP's attorney did, I did misread a required filing date on one of my cases. It can happen. Once the error was discovered, the client asked for a refund of fees and I complied. If you ask for the refund in a calm manner, you'll probably get results.

[AM268 23]

Before you guys gang up on the lawyer let me ask a question? Is it compulsory that on entry once you have been married for more than 2 years you have to be given the 10 year Green Card? 

[Russ&Caro 1,549]

From what I've heard, it's usually automatic. When they send you a green card they have some sort of process (manual or automatic) that recognizes married date and POE and issues the appropriate card. I have seen some cases described here in VJ where a conditional card has been sent by mistake (process failed) and was corrected by USCIS.

[mindthegap 2,590]

1 hour ago, AM268 said:

Before you guys gang up on the lawyer let me ask a question? Is it compulsory that on entry once you have been married for more than 2 years you have to be given the 10 year Green Card? 

 

Yes.

Married under 2 years on the day of gaining permanent residency , CR-1.

Married over 2 years on the day of gaining permanent residency,    IR-1.

 

No ambiguity about it.