I-90 - No Receipt?

[Visitor User 253]

Hello. It has been about 1.5 months since my lawyer submitted the I-90 because my birth year on my PR card was incorrect (DHS error). What is the next step? I never got the mail for I-797 receipt.

[Going through 5,671]

5 hours ago, Visitor User said:

Hello. It has been about 1.5 months since my lawyer submitted the I-90 because my birth year on my PR card was incorrect (DHS error). What is the next step? I never got the mail for I-797 receipt.

First thing is to confirm with your lawyer that he actually mailed it...request the delivery confirmation info.  I say to confirm this first, because sometimes lawyers have been known to delay the process on their end by either forgetting to mail it, putting it off, etc.

 

Second thing, is once you've actually confirmed it was delivered, you can call USCIS and request to speak with a L2 officer and inquire about the status of the i-90 since you have yet to receive your NOA.

[Visitor User 253]

13 hours ago, Going through said:

First thing is to confirm with your lawyer that he actually mailed it...request the delivery confirmation info.  I say to confirm this first, because sometimes lawyers have been known to delay the process on their end by either forgetting to mail it, putting it off, etc.

 

Second thing, is once you've actually confirmed it was delivered, you can call USCIS and request to speak with a L2 officer and inquire about the status of the i-90 since you have yet to receive your NOA.

Lawyer said it is most likely lost in the mail. He did regular mail so we don't have any tracking #. It was mailed on 3/11/19. He called USCIS but the only way for them to know is the case #. Any suggestions?

 

Lawyer recommends that we will have to refile.

Edited April 29, 2019 by Visitor User

[Lil bear 4,346]

1 minute ago, Visitor User said:

Lawyer said it is most likely lost in the mail. He did regular mail so we don't have any tracking #. It was mailed on 3/11/19. He called USCIS but the only way for them to know is the case #. Any suggestions?

 

Lawyer recommends that have to refile.

Not much use to you now , but Duty of care by lawyer would have been a trackable postal service.  Failure to provide appropriate service by not doing so and by failing to notice that nothing has happened with the application 

Lawyer needs to fix it NOW !! Or refund your fee ... 

Does the lawyer even have a photocopy of the paperwork ? 

[Going through 5,671]

12 minutes ago, Visitor User said:

Lawyer said it is most likely lost in the mail. He did regular mail so we don't have any tracking #. It was mailed on 3/11/19. He called USCIS but the only way for them to know is the case #. Any suggestions?

 

Lawyer recommends that we will have to refile.

Find a new lawyer, that's my main suggestion.  Seems he can't even handle a simple post office transaction if he didn't see the need for tracking numbers for such important documents.

 

How does he plan on refiling since the ORIGINAL green card would need to be submitted, if the package is lost in the mail??

 

I suppose technically he'd have to file a new i-90 for a "lost" card now...but the info on the original card was incorrect in the first place, so, the "new" card may have the same incorrect info if that's not taken care of at the same time....your lawyer has made more hassle for you in the long run.  You really don't need a lawyer to file a simple i-90, anyhow.

 

From the instructions:

 

Item Number 2.d. My existing card has incorrect data because of Department of Homeland Security error. Select this reason if your card has incorrect data and the error was caused by DHS. Attach the original Permanent Resident Card issued with the incorrect data. A copy of the card is not acceptable in this case.

Edited April 29, 2019 by Going through

[Visitor User 253]

2 hours ago, Lil bear said:

Not much use to you now , but Duty of care by lawyer would have been a trackable postal service.  Failure to provide appropriate service by not doing so and by failing to notice that nothing has happened with the application 

Lawyer needs to fix it NOW !! Or refund your fee ... 

Does the lawyer even have a photocopy of the paperwork ? 

The only original that was sent was my Permanent Resident Card. We have the photocopy of it.

[Lil bear 4,346]

47 minutes ago, Visitor User said:

The only original that was sent was my Permanent Resident Card. We have the photocopy of it.

I’m glad you have a copy 

[Going through 5,671]

1 hour ago, Visitor User said:

The only original that was sent was my Permanent Resident Card. We have the photocopy of it.

Again begs the question why a lawyer would think it wise to send such an important document in the mail without thinking about getting tracking/delivery confirmation on it....what in the world was he thinking?

 

Good that you retained a copy of it.  

[Visitor User 253]

6 hours ago, Going through said:

Find a new lawyer, that's my main suggestion.  Seems he can't even handle a simple post office transaction if he didn't see the need for tracking numbers for such important documents.

 

How does he plan on refiling since the ORIGINAL green card would need to be submitted, if the package is lost in the mail??

 

I suppose technically he'd have to file a new i-90 for a "lost" card now...but the info on the original card was incorrect in the first place, so, the "new" card may have the same incorrect info if that's not taken care of at the same time....your lawyer has made more hassle for you in the long run.  You really don't need a lawyer to file a simple i-90, anyhow.

 

From the instructions:

 

Item Number 2.d. My existing card has incorrect data because of Department of Homeland Security error. Select this reason if your card has incorrect data and the error was caused by DHS. Attach the original Permanent Resident Card issued with the incorrect data. A copy of the card is not acceptable in this case.

Same lawyer has been working on my case since 2011. He has been really good to me with the whole AOS process. Also, has over 20+ years experience and charged be below his rate since he is friend’s with my brother. 

[Visitor User 253]

3 hours ago, Lil bear said:

I’m glad you have a copy 

So I think my lawyer will send that in and hope they don’t ask for a fee as a lost card?

[Visitor User 253]

3 hours ago, Going through said:

Again begs the question why a lawyer would think it wise to send such an important document in the mail without thinking about getting tracking/delivery confirmation on it....what in the world was he thinking?

 

Good that you retained a copy of it.  

He sent in as regular mail which I think he should have done it as a certified mail. We have the front and back of my Permanent Resident Card as photocopy on the machine as well as camera pictures. 

Edited April 30, 2019 by Visitor User

[Going through 5,671]

3 hours ago, Visitor User said:

So I think my lawyer will send that in and hope they don’t ask for a fee as a lost card?

There is a $455 fee plus $85 biometrics fee  to replace a lost card.

 

[Visitor User 253]

14 hours ago, Going through said:

There is a $455 fee plus $85 biometrics fee  to replace a lost card.

 

I know but if we explain to USCIS that the initial mail was lost and send them copy of my PR card. Would they process it for free?

Edited April 30, 2019 by Visitor User

[geowrian 22,338]

2 hours ago, Visitor User said:

I know but if we explain to USCIS that the initial mail was lost and send them copy of my PR card. Would they process it for free?

You can try, but honestly I wouldn't be too hopeful. How do they know it was lost in the mail and you didn't just lose it some other way and want a free replacement?

 

A tracking number doesn't confirm what you mailed, but it at least confirms you sent something to USCIS after the I-90 was filed and that something was subsequently lost (as could be shown via an inquiry/case with the courier).

That would at least strongly imply you actually sent the green card. As-is, it's just somebody's word that they sent it.

 

Sorry to hear about the troubles. The lawyer may or may not be great (one case doesn't make or break somebody), but he majorly dropped the ball here. There's zero reason to ever send something to immigration without a tracking number.

[Going through 5,671]

3 hours ago, Visitor User said:

I know but if we explain to USCIS that the initial mail was lost and send them copy of my PR card. Would they process it for free?

You would have no proof that you even attempted to send it beforehand....remember, your lawyer didn't bother to send it with any sort of tracking info/etc. to even show that you initially mailed something to USCIS in the first place.

 

I wouldn't hold out too much hope that USCIS will waive your fee.  I suppose you could have the lawyer write up a statement (which you sign) that an i-90 was sent previously due to the original DHS error on the card, and that the package "never was delivered" resulting in now a "lost GC" (although with no tracking number this would be near impossible for you to prove) and *request* that the fee be waived....but really doubtful it will work, since USCIS is not known for wanting to save people money for benevolent reasons.   And, again, there's nothing to go on at this point other than your word that it was sent.

 

The worst that can happen if your request for a fee waiver is denied (and likely it would be denied, sorry) would be receiving your package back for proper payment.  

 

I would also suggest insisting that your lawyer get tracking/delivery confirmation on your next i-90 as well.

 

 

Edited May 1, 2019 by Going through