Greencard Renewal Denial

[Lauren Bezares 0]

My husband was issued a conditional greencard for two years and we filled out an I-90 form (application to renew permanent greencard) thinking that it was the correct form. We waited a year to hear back and called numerous times to USCIS during the process because his first greencard was set to expire. Every time we called the USCIS reps told us just to wait. We did not know that we needed to fill out and send a I-751 form to extend his conditional greencard three months before it expired. We just received a notice of denial and that we’ll be summoned within 30 days with a Notice to Appear. Is there anything we can do/paperwork we can get going/technicalities that we need to know about moving forward with an appeal? Thank you for any insight. 

[Roel 7,193]

Not sure what's there to appeal. You were absolutely rightfully denied. 

 

In my opinion , start the removal of conditions process as soon as possible AND include explanations why you are filling so late. And hope for the best. 

[Unlockable 7,315]

6 minutes ago, Lauren Bezares said:

My husband was issued a conditional greencard for two years and we filled out an I-90 form (application to renew permanent greencard) thinking that it was the correct form. We waited a year to hear back and called numerous times to USCIS during the process because his first greencard was set to expire. Every time we called the USCIS reps told us just to wait. We did not know that we needed to fill out and send a I-751 form to extend his conditional greencard three months before it expired. We just received a notice of denial and that we’ll be summoned within 30 days with a Notice to Appear. Is there anything we can do/paperwork we can get going/technicalities that we need to know about moving forward with an appeal? Thank you for any insight. 

You can’t file an appeal because you technically did NOT file for a green card renewal. You filed for a green card replacement... like when a GC is loss or stolen.

 

What you now know is that you should have filed for removal of conditions of his current conditional green card. It is the I-751 form. But now you should focus of providing evidence of your marriage. The notice to appear complicates things a bit. It is your best interest to hire a competent lawyer. This was a serious error but it can be resolved. It is just gonna take some time and money.

 

In the meantime, educate yourself as much as you can on the ROC process and Notice to Appear summons.

[Crazy Cat 42,320]

I agree with @Roel.  I would file ROC immediately.  Good luck in convincing the judge. Whatever you do, do NOT ignore the order.

 

Personally, I would also find an immigration attorney.  This can probably be fixed.

Edited May 26, 2018 by missileman

[Boiler 46,122]

I would also think it can be fixed, a couple of ways occur to me but I would also suggest you get a Lawyer.

[sparkles_ 456]

Go to court, it's not a big deal. Trust me, read my signature. We handled the notice to appear for something much more complicated and got it sorted out in time. 

 

Get a lawyer, so you don't make any other mistakes, and buckle up for a one year fix-it ride. The judge himself will probably handle your ROC at a merits hearing where you explain what happened. Or they close removal and let you re file ROC like normal.  You guys problem is totally fixable just costly and annoying.

 

Do NOT miss court. 

[bad4tatt 168]

1 hour ago, Lauren Bezares said:

My husband was issued a conditional greencard for two years and we filled out an I-90 form (application to renew permanent greencard) thinking that it was the correct form. We waited a year to hear back and called numerous times to USCIS during the process because his first greencard was set to expire. Every time we called the USCIS reps told us just to wait. We did not know that we needed to fill out and send a I-751 form to extend his conditional greencard three months before it expired. We just received a notice of denial and that we’ll be summoned within 30 days with a Notice to Appear. Is there anything we can do/paperwork we can get going/technicalities that we need to know about moving forward with an appeal? Thank you for any insight. 

This drives home the point of USCIS always stating to READ the documents they send. At any rate, file the ROC immediately and show up for hearing. They will most likely realize that you actually thought it was renewal because you filed for a renewal. Good Luck!

[cd37 229]

I still wonder how people file i90 instead of i 751 when they explain this multiple times during the process. I was told 2 times throughout process that i 751 needs to be filed before 90 days of expiration of gc. Recently went for i 551 stamp in passport, officer again explained i751 again. This is just ignorance. Hope OP will get resolved this.

[mushroomspore 3,044]

1 hour ago, cd37 said:

I still wonder how people file i90 instead of i 751 when they explain this multiple times during the process. I was told 2 times throughout process that i 751 needs to be filed before 90 days of expiration of gc. Recently went for i 551 stamp in passport, officer again explained i751 again. This is just ignorance. Hope OP will get resolved this.

I'm unsure as to how this happens too. Google and VJ are immensely informative resources and the forms themselves have instruction packets and it is very clear what each form is for. I still don't have my GC but I've already written down important notes in my agenda for filing RoC and N-400 down the road. It even says on the i-90 page on USCIS.gov: "Do NOT use this form if you are a conditional permanent resident seeking to remove conditions."

 

OP, go to court and file the correct forms. You still have a chance but ONLY ONE and you're already on thin ice. Don't #### this up and get a lawyer to make sure you have a solid defense for the judge.

Edited May 26, 2018 by mushroomspore

[Ryan H 3,834]

~~~Hijack post removed.~~~