Error on GC Expiration Leading to Status Termination

[CanadaToCT 5]

19 hours ago, CB & FM said:

Don't email or send a letter. Go straight to their local office and make contact directly. That's what I did with my K-1 petition when it had been more than 6 months waiting. Within a week of my representative making an inquiry as to our case, the petition was approved.

 

As to your GC expiration date error, a similar thing happened to us. We were approved for the AOS in June 2016 but they issued the card based on POE date of Jul 2015. We noticed the date but did not realize the error. We asked others here about not having a 2 year period on the card and they thought that it would be OK. We did not ask USCIS. The difference in our case ns yours is that we did file the I-751 based on the incorrect date. Our file was returned with an explanation letter. It told us that our GC dates were in errror due to the USCIS and that they had corrected the status error and our expiration date would be in JUne 2018. they also informed us that we should file an I-90, replcement of GC, form which we have done but noticing the processing time on the website for this form it is taking almost 11 months to complete. Our problem was needing to travel outside the US. We found out that you could make an Infopass appt and request an ADIT also known as an I-551 stamp or passport stamp. This remedy worked for us as we just returned from Canada this past Friday without incidence. In our case, we fortunately still have the ability to file our I-751 at the appropriate corrected date prior to June 2018. It has been a bit frustrating but not so stressful as your case seems to be.

 

I hope that you will be able to resolve this issue. It was the VSC that noticed the error for us. But as ours was noticed in regards to an I-751 submission, it just required us to wait a little longer to reapply for ROC. Good luck. Keep us informed.

This is somewhat helpful, thanks for sharing. 

 

Everyone I've talked to has ultimately said that filing the i90 is the correct way to fix this as it appears that you were eventually told, but by filing the i751 based on your incorect expiration date you seem to have forced USCIS to make some note on your file, which will hopefully protect you from having your status terminated while the i90 works through review. 

[CB & FM 43]

On 10/9/2017 at 10:11 AM, CanadaToCT said:

This is somewhat helpful, thanks for sharing. 

 

Everyone I've talked to has ultimately said that filing the i90 is the correct way to fix this as it appears that you were eventually told, but by filing the i751 based on your incorect expiration date you seem to have forced USCIS to make some note on your file, which will hopefully protect you from having your status terminated while the i90 works through review. 

In the timeline that I see ahead for my husband, I do not believe we will get the corrected GC before our corrected expiration date will force us to refile the I-751. The corrected date is in June 2018, so we will refile in March. According to the processing time site, the I-90 is taking about 10-11 months. So we do not expect to see the corrected card until Jul or Aug 2018 which is after it will have expired. Crazy!!!!! Keep us informed as your case progresses. Hope it goes well especially as it is their error not yours.

[candybabe 46]

On ‎10‎/‎5‎/‎2017 at 5:35 PM, CanadaToCT said:

Hi All,

 

I'm hoping someone has some relevant (and successful) experiences to my situation, that will help me get an idea of the process that I face going forward.  The principal issue that I face right now is that my Conditional Green Card was issued with the wrong expiration date, and I did not file to remove conditions prior to that incorrect expiration date.  I have recently received a letter stating that my status has been terminated based on the incorrect dates that were printed on my card.  My timeline is followed starting just prior to my AOS application

 

2011-2015 In US on a TN status

3/2015 Married to USC wife

~6/2015 Submitted I-130, I-485 and EAD and AP applications to adjust status based on marriage to USC

No RFE's were received and EAD was issued in approximately 2.5 months

1/21/2016 Had interview, received updates that status was approved later that afternoon

2/3/2016 Received green card

-Nobody noticed at the time, but the green card had an issued date of 1/21/2015, and an expiration date of 1/21/2017 which is incorrect.  Should be 2016 and 2018

1/23/2017 I-90 submitted to correct issued and expiration dates.

9/20/2017 VSC sends letter notifying me that my conditional residency has been terminated for failing to apply to remove conditions.

 

Per this timeline, my GC should have been issued with an expiration date of 1/21/2018, and we would be preparing to apply for removal of conditions starting October 2017.  All of this has been thrown into chaos since receiving the termination letter, and it is unclear how to fix this issue.

 

I have since worked with my attorney to open a service request, and had an infopass appointment today, where I convinced the IO to do a supervisory review of my file in an attempt to fix this situation before I am given a court date.  The overall response from USCIS so far has been that they agree that there is an issue, but no one seems to know how to fix it.  

 

Does anyone have experience with a similar situation? We are trying to get USCIS to review my file, correct the dates, and rescind the termination notice and restore my status.  It has just proven difficult to talk to someone who is interested in looking into the issue, let alone who has the authority to make corrections to my file.  

 

Other options include presenting my case to an immigration judge once I get my notice to appear, and contacting the Ombudsman, and/or my Representative or Senator for assistance.  

 

Thanks everyone!

There is a way to appeal it due to USCIS administrative error -

[candybabe 46]

Consider filing a service request for expedited review of your I-751 because of a USCIS administrative error. See information below. Because of the serious adverse consequences you now face (including removal proceedings), I would write the service center that adjudicated your I-751, sending via certified mail so someone signs for it. I would also appeal to your representative in Congress for help.

 

In your letter to USCIS:

• Ask for expedited review because of a USCIS administrative error;
• Explain that you did not receive an invitation to interview.
• Include the potential adverse consequences you face as a result of this USCIS decision (loss of employment eligibility, initiation of removal proceedings, separation from spouse, health?, etc.)
• Attach any relevant evidence.

http://www.visajourney.com/forums/topic/651213-i-751-denied-bc-of-clerical-error/

 

[Suss&Camm 2,213]

It's not really an administrative error. The OP made the error of providing false information on an application. The fact that that wasn't caught, doesn't mean they are entitled to the immigration benefit they sought. It just means that they weren't caught doing something that was fundamentally wrong in the first place.

 

They could appeal as an administrative error if the N-400 was wrongfully denied - which it wasn't.

[CanadaToCT 5]

18 minutes ago, Suss&Camm said:

It's not really an administrative error. The OP made the error of providing false information on an application. The fact that that wasn't caught, doesn't mean they are entitled to the immigration benefit they sought. It just means that they weren't caught doing something that was fundamentally wrong in the first place.

 

They could appeal as an administrative error if the N-400 was wrongfully denied - which it wasn't.

There was no false information provided on an application.  USCIS incorrectly entered the date that they approved my I-485 and I-130 in their own systems, and printed my card with the wrong dates on it.  At no point was I asked for the date that my green card was issued (or would expire) because I didn't have one when I submitted the application.  

[CanadaToCT 5]

1 hour ago, candybabe said:

Consider filing a service request for expedited review of your I-751 because of a USCIS administrative error. See information below. Because of the serious adverse consequences you now face (including removal proceedings), I would write the service center that adjudicated your I-751, sending via certified mail so someone signs for it. I would also appeal to your representative in Congress for help.

 

In your letter to USCIS:

• Ask for expedited review because of a USCIS administrative error;
• Explain that you did not receive an invitation to interview.
• Include the potential adverse consequences you face as a result of this USCIS decision (loss of employment eligibility, initiation of removal proceedings, separation from spouse, health?, etc.)
• Attach any relevant evidence.

http://www.visajourney.com/forums/topic/651213-i-751-denied-bc-of-clerical-error/

 

Right,

 

I am currently waiting for the local office to conduct a supervisory review of my file, but should that not workout, I will be submitting a request for an expedited review of the I-90 that was submitted in order to get the start and end dates of my conditional residency fixed as soon as possible.  

[Suss&Camm 2,213]

15 minutes ago, CanadaToCT said:

There was no false information provided on an application.  USCIS incorrectly entered the date that they approved my I-485 and I-130 in their own systems, and printed my card with the wrong dates on it.  At no point was I asked for the date that my green card was issued (or would expire) because I didn't have one when I submitted the application.  

I apologize, I got this thread confused with another - ignore my previous post

[CanadaToCT 5]

Just now, Suss&Camm said:

I apologize, I got this thread confused with another - ignore my previous post

No problem, mostly wanted to clarify for anyone reading later. 

[ceeho 8]

Wow, some folks are mean here. 
You mentioned that you've been working with an attorney, has he/she been able to help solving the problem?? 
I was in this exact situation as you are right now just 6 months ago. I freaked out, didn't know what to do (if you checked my history you'll see my post on the matter)
I called USCIS so many times and talked to the officers on the phone but they seemed to be clueless of what was happening. One lady even raised her voice on the phone when I was trying to explain that the dates on the card were incorrect, saying that I don't get to decide if the dates are wrong (???)

 

Anyhow, I was devastated after many months of waiting to hear back to USCIS with no results, I finally decided to get an attorney (many thanks to the advice I got from VJ folks). The attorney helped me solve the issue within five minutes (while I was struggling with it for months) He emailed an officer in Philadelphia (where I am) to explain my case, attached with my marriage certificate and copy of the green card, and a copy of the Welcome Notice that came with the green card, showing the ACTUAL date of when I became a resident. It doesn't make any sense when the Resident Since date is the same as the date of my marriage. The officer sent me an email briefly after, saying that he corrected the dates in the system, and all is well again  
My attorney was a huge help. I feel very lucky to have found him. I hope this would somehow help with your situation. Best of luck !

[Suss&Camm 2,213]

2 hours ago, ceeho said:

Wow, some folks are mean here. 
You mentioned that you've been working with an attorney, has he/she been able to help solving the problem?? 
I was in this exact situation as you are right now just 6 months ago. I freaked out, didn't know what to do (if you checked my history you'll see my post on the matter)
I called USCIS so many times and talked to the officers on the phone but they seemed to be clueless of what was happening. One lady even raised her voice on the phone when I was trying to explain that the dates on the card were incorrect, saying that I don't get to decide if the dates are wrong (???)

 

Anyhow, I was devastated after many months of waiting to hear back to USCIS with no results, I finally decided to get an attorney (many thanks to the advice I got from VJ folks). The attorney helped me solve the issue within five minutes (while I was struggling with it for months) He emailed an officer in Philadelphia (where I am) to explain my case, attached with my marriage certificate and copy of the green card, and a copy of the Welcome Notice that came with the green card, showing the ACTUAL date of when I became a resident. It doesn't make any sense when the Resident Since date is the same as the date of my marriage. The officer sent me an email briefly after, saying that he corrected the dates in the system, and all is well again  
My attorney was a huge help. I feel very lucky to have found him. I hope this would somehow help with your situation. Best of luck !

Good to hear it was solved for you. I often find that uscis helpline just don't want to hear what ppl are saying when they call with problems..

 

On another note, I'm curious what you think is mean in this thread? - direct maybe,  yes...mean? Absolutely not - It's one of the most civil threads I've read lol

 

Anyhow, good experience for the OP to hear your success story.

Edited October 26, 2017 by Suss&Camm

[afrocraft 313]

On 10/26/2017 at 1:33 PM, CanadaToCT said:

Right,

 

I am currently waiting for the local office to conduct a supervisory review of my file, but should that not workout, I will be submitting a request for an expedited review of the I-90 that was submitted in order to get the start and end dates of my conditional residency fixed as soon as possible.  

Lucky you. How did you manage that? The supervisor in charge of my local office didn't want to touch my case at all, essentially she didn't want to bother herself with the work and asked me to send in my documents to the Service Center instead. 

[CanadaToCT 5]

Here's an update on what happened. 

 

Things have been mostly worked out after several months of waiting.  My status has been restored to CR-6, and the expiration date of my conditional status was corrected in the USCIS system.  I have also submitted my I-751 to remove conditions and hopefully will get confirmation of that being accepted shortly.

 

After my initial InfoPass in October, I returned in early-mid November to get an update on my case as instructed at my initial infoPass.  Not much happened in the second InfoPass; the local office was still waiting for the file to be transferred for review, but VSC was not releasing the file, so Hartford kept sending a new file request every time they were denied.  I was able to have the second transfer request tied to a service request with a tracking number, so I was able to get an update if the file was transferred.  I also requested an expedited service request for the I-90 that was still pending, but the expedite was denied.  While talking to the officer at my InfoPass, they told me that expedite requests for an I-90 were pretty much not being approved due to the backlog in place.  

 

At the beginning of December I finally received notice on the file transfer request, however the transfer had been denied again, so another InfoPass was scheduled to get another update.  This one yielded some success as the supervisor with my case was able to email the officer at VSC with my file and explain the situation and request the file again.  I was instructed to return in a week and they would likely have things addressed by then. 

 

I was able to get an InfoPass for two weeks later (Dec. 28), and after a long wait for the supervisor to review everything, my file was corrected!!

 

My I-90 was also denied about that same time.  Its still not quite clear why, but I believe that USCIS does not send a new greencard if it will expire in 6 months or less.  It does not appear that they actually disagreed with the error.  I don't have an expired greencard to use with my I-751 receipt, so I'll have to figure that out soon.

 

I'll see if I can answer any questions, but I think I was mostly able to address this by being persistent and keeping on top of USCIS.  Once I explained the situation  I was generally able to get some help, or I kept asking specific questions for how to deal with problems that forced the officer to do some research and ask their supervisor for assistance.  

[mindthegap 2,590]

37 minutes ago, CanadaToCT said:

I don't have an expired greencard to use with my I-751 receipt, so I'll have to figure that out soon.

I had the same problem with my latest I-751 as my card was long expired.

Make another infopass and get an I-551 stamp and you are good to go (for one year anyway).

[CanadaToCT 5]

14 minutes ago, mindthegap said:

I had the same problem with my latest I-751 as my card was long expired.

Make another infopass and get an I-551 stamp and you are good to go (for one year anyway).

Yes, that's what I'll do.  I have heard that it can be difficult to get a I-551 stamp in the first year after submitting the I-751, but I think it will be okay this time without a physical card.