Refiled I-90 - RFIE/RFE?

[Visitor User 253]

Hello. My initial Form I-90 was lost in the mail so I re-filed it on 5/1/19 using FedEx Express. USCIS did receive it on the morning of 5/3/19 according to the tracking #.

 

My lawyer recommended that I don't send the original Permanent Resident card so I sent the front/back copy photocopy. According to my lawyer, he says sometimes they ask for original and sometimes they don't. Anyone submitted I-90 with just the photocopy and did not get a RFIE/RFE? The reason for I-90 is DHS error on my year of birth so I submitted a copy of my Birth Certificate.

 

When should I be getting a receipt from USCIS?

Edited May 6, 2019 by Visitor User

[Going through 5,671]

16 minutes ago, Visitor User said:

According to my lawyer, he says sometimes they ask for original and sometimes they don't.

According to USCIS, and the instructions plainly written, the original is required at the time of your application:

 

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.

 

I would allow up to at least 3 weeks to receive the receipt notice (or more likely in your case, a RFE for the original card).

Edited May 6, 2019 by Going through

[Visitor User 253]

33 minutes ago, Going through said:

According to USCIS, and the instructions plainly written, the original is required at the time of your application:

 

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.

 

I would allow up to at least 3 weeks to receive the receipt notice (or more likely in your case, a RFE for the original card).

I know but my lawyer said only send in if I get a RFIE/RFE.

[Going through 5,671]

39 minutes ago, Visitor User said:

I know but my lawyer said only send in if I get a RFIE/RFE.

Your lawyer wasn't aware of the instructions on the form? 

Generally a new card won't be produced until USCIS has the old one in hand.   

 

If you end up getting a RFE, then you'll just have the i-90 delayed slightly.  Not the end of the world.

[Visitor User 253]

42 minutes ago, Going through said:

Your lawyer wasn't aware of the instructions on the form? 

Generally a new card won't be produced until USCIS has the old one in hand.   

 

If you end up getting a RFE, then you'll just have the i-90 delayed slightly.  Not the end of the world.

He was but initial mail was lost and he never sent in original GC. So I still don’t have to pay the fee either.

[Going through 5,671]

47 minutes ago, Visitor User said:

He was but initial mail was lost and he never sent in original GC. So I still don’t have to pay the fee either.

The fee is always waived for a green card correction due to DHS error.

The initial package being lost is irrelevant since USCIS never began processing the i-90 since it was never received by them...now, it depends on what the agent wants to do since they received your new package (send RFE or not).

 

Edited May 7, 2019 by Going through

[Lil bear 4,201]

OP ... According to your previous thread you said that the original green card was sent by the lawyer in the original package.. and that you had a copy of it .. what’s changed ? 

[Going through 5,671]

1 minute ago, Lil bear said:

OP ... According to your previous thread you said that the original green card was sent by the lawyer in the original package.. and that you had a copy of it .. what’s changed ? 

He posted near the end of that thread that the lawyer never submitted the original GC after all.

Begs the question where the original GC is, now, though?---presumably OP would have known whether it was in his own possession or not all along...

Edited May 7, 2019 by Going through

[Lil bear 4,201]

3 minutes ago, Going through said:

He posted near the end of that thread that the lawyer never submitted the original GC after all.

Begs the question where the original GC is, now, though?---presumably OP would have known whether it was in his own possession or not all along...

Yep. Too many twists and turns for me !! 

[Visitor User 253]

4 hours ago, Going through said:

The fee is always waived for a green card correction due to DHS error.

The initial package being lost is irrelevant since USCIS never began processing the i-90 since it was never received by them...now, it depends on what the agent wants to do since they received your new package (send RFE or not).

 

Right. Thanks.

[Visitor User 253]

3 hours ago, Lil bear said:

OP ... According to your previous thread you said that the original green card was sent by the lawyer in the original package.. and that you had a copy of it .. what’s changed ? 

I thought he did. He then told me he didn’t which is good because I would have had to pay the fee. I have the original GC now.

3 hours ago, Going through said:

He posted near the end of that thread that the lawyer never submitted the original GC after all.

Begs the question where the original GC is, now, though?---presumably OP would have known whether it was in his own possession or not all along...

My lawyer handed me over the original GC.

[Visitor User 253]

I still haven’t got a NOA. 

[Lil bear 4,201]

3 minutes ago, Visitor User said:

I still haven’t got a NOA. 

It’s only been a week. Patience 

[Visitor User 253]

41 minutes ago, Lil bear said:

It’s only been a week. Patience 

Right. 

[Visitor User 253]

I saw in my informed delivery today.