Need help with a wrong green card year -> Termination of Conditional Resident Status

[naire37 53]

Thanks all!  I'll post updates here. For now

 

- USCIS Tier 2 person put in an expedite/escalate request for the I-90 (which is the form we filed to correct the error). He mentioned that worst-case scenario we'll get a notice to appear at a hearing in 2 months, where I should present the evidence of wrong year and it should be fine - he said he reviewed the case, and all of the dates, and this is not something we should be worried about.

- On his advice, I've sent an Express Mail with all supporting documents to the center that sent "Termination of Conditional Residence Status", addressed to director of that center, asking to reconsider the decision and/or also help expedite the I-90.

 

In addition, 

- we got an InfoPass scheduled

- we are also in the process of getting a lawyer.

- despite having an I-551 good till Dec 21, my husband quit his job immediately and will not travel outside the country - we are not taking any chances. 

 

This is overall highly annoying, and adds some financial strain on us,  but at this point I am just hoping to avoid a scenario where a hearing is scheduled on my due date (I'm due to give birth in 3 months).

[Ebunoluwa 6,136]

26 minutes ago, naire37 said:

Thanks all!  I'll post updates here. For now

 

- USCIS Tier 2 person put in an expedite/escalate request for the I-90 (which is the form we filed to correct the error). He mentioned that worst-case scenario we'll get a notice to appear at a hearing in 2 months, where I should present the evidence of wrong year and it should be fine - he said he reviewed the case, and all of the dates, and this is not something we should be worried about.

- On his advice, I've sent an Express Mail with all supporting documents to the center that sent "Termination of Conditional Residence Status", addressed to director of that center, asking to reconsider the decision and/or also help expedite the I-90.

 

In addition, 

- we got an InfoPass scheduled

- we are also in the process of getting a lawyer.

- despite having an I-551 good till Dec 21, my husband quit his job immediately and will not travel outside the country - we are not taking any chances. 

 

This is overall highly annoying, and adds some financial strain on us,  but at this point I am just hoping to avoid a scenario where a hearing is scheduled on my due date (I'm due to give birth in 3 months).

Contact your senator also to pursue this matter and push to quickly escalate, mention you are expecting and he had to quit his job
due to all of this and you have financial hardship as a result of the USCIS error.

[naire37 53]

We went to an InfoPass yesterday; and my husband is once again legal. Though no Green Card on hand, but a new I-551 stamp in his passport good through March 2018 (last one was good through Dec 2017).

 

Some notes

1) We went in at 7:10 and apparently the system has been upgraded last night, so the reception could not check anyone in. USCIS, you shall never cease to amaze me. They ended up giving people numbers (like "1", "2" etc written over your InfoPass App letter), and I'm counting my blessings we got there early; I can imaging things turning out a lot more hectic through the day.

 

2) The officer helping us at InfoPass seemed extremely knowledgeable and professional. Almost scary, honestly - with each encounter, I realize most of those officers are highly skilled at reading you. We had nothing to hide, obviously, but it's still quite a weird feeling, talking to someone like that who's at any rate evaluating you, even if out of habit.

 

3) The argument "my husband cannot work because of USCIS error" is actually not valid, per officer, because K1 implies I'm financially supporting my husband, if needed.  So this is not a reason for expediting the I-90. The argument "my husband has travel plans" could have worked, maybe, but I think it was negated by a new  I-551 stamp. So no expediting on that I-90.

 

4) The officer did write a note in the system to the office that sent the "Termination of Legal Status" letter. He explained to us that there are apparently multiple systems, that are not well connected, so the info about previous I-551 stamp and I-90 filed did not make it across.

 

5) Interestingly enough, I-551 stamp in my husband's passport has a similar note written by the officer! Something along the lines "there is a known error in *** system, I-90 filed to correct" and explains the whole situation. Hopefully, it'll make re-entering US a slightly less nervous experience. The officer also mentioned, that all owners of I-551 stamp cannot go through the automated system and end up going through extra check.

 

6) My husband may or may not (!) receive that Green Card (cause I-90 processing times are horrible) in time for applying for ROC. Per officer, applying with just copies of old Green Card & referencing the whole situation / cases / yada-yada is fine; the only thing that really matters is applying for ROC in the correct time frame, regardless of the status of the current mess.

 

7) If he receives a Green Card by the time to apply for ROC, he will get a letter extending his legal status by a year (while they review ROC).  If he does not receive it, he should get another InfoPass in late March, after applying for ROC, to get yet another I-551 stamp to last another year, while ROC is reviewed.

 

I'm genuinely happy about the resolution. It would be nice to get a Green Card at hand, of course, but as long as hubby's legal and can work and travel, I honestly don't care as much. It may come back to bite us again once he applies for ROC, of course, or prolong the processing times... but for now this is good news. Getting this resolved within 2 weeks (and while my husband was in US) is better timing that I've learned to expect of USCIS; and my husband's travel plans still stand. Yay. Thanks to everyone for informational & moral support!

Edited October 28, 2017 by naire37