I-90 Denial. Please Help!

[garyphoenix 1]

My wife filed the I-90 by mistake instead of I-751. We did not realize until we got a denial notice last week. Her 2 year card is now two months expired even though we started the initial I-90 process over 90 days prior to it expiring. We just purchased a new house together a month ago, and are having our 2nd child in a month. We have gotten some mixed info from two different lawyers. The first one just stated to fill out the I-751 and we will be all set. The second attorney said it is going to be a lot more complicated under Trump's reign of fury. Further, the denial notice came by email on 08/10 and has 08/10 as the date on the actual denial. But it states that they issued the denial over 30 days ago..

 

She has dual citizenship from Japan and Brazil. All her legal documents tie her to Japan more than Brazil if that helps at all. We are just needing to figure out how to go about submitting the I-751, if we should get a lawyer, and what to write and include. is it best to just overnight everything with a personal check for the fee amount? Please help!

[Jojo92122 1,924]

Refiling is your best option.

 

Trump is a wild card especially since the new policy announced is outright denials instead of RFEs.

 

Getting a lawyer is a personal choice.  

 

Send everything the normal way.  She's already late with her filing, so a few days is not going to matter.  

[mushroomspore 3,044]

File I-751 with a letter explaining why it's being filed late. The fact you filed something 90 days before her expiration doesn't matter; it has to have been the correct form. Her legal documents from other countries don't matter. All USCIS cares about is her life in America with you, so send all those pertinent documents. I believe you'll still be able to get the receipt notice once it's accepted. The denial notice does not revoke her permanent resident status. Only an immigration judge can do that and in this situation, she will have to appear in front of one to convince him/her to not revoke the PR status. Your wife will get a court date. Appear in court on that date with your I-751 papers. I'd also suggest getting an attorney to help you guys navigate this. It happens but it's a serious mistake and you have no room for error.

Edited August 14, 2018 by mushroomspore

[Hypnos 6,576]

As stated, withdraw the I-90 (or don't - this part isn't that important) and then file a late I-751 together with a concise written explanation of the reason for the lateness. Hopefully it will be accepted and should then proceed as a normal RoC case.