Help!!!

[Annmar 17]

My son and I entered America at the same time.  I recieved a 10 year green card and he received a 2 year. I filed august 2019 to remove conditions. When I checked status online it said that the money was refunded and it doesn't affect the status of case. I haven't received refund. I moved and even though I changed address on line they sent to the first address. After calling several times trying to see why it was refunded I found out today that the case was administrative closed in February.  The case # MSC. What should I do? 

[NikLR 13,227]

1 minute ago, Annmar said:

My son and I entered America at the same time.  I recieved a 10 year green card and he received a 2 year. I filed august 2019 to remove conditions. When I checked status online it said that the money was refunded and it doesn't affect the status of case. I haven't received refund. I moved and even though I changed address on line they sent to the first address. After calling several times trying to see why it was refunded I found out today that the case was administrative closed in February.  The case # MSC. What should I do? 

On what basis did you move to the USA? If you had a 10 year card, your son also should have received a 10 year card or vice versa. One of your cards was erroneous. 

[Annmar 17]

USC husband petitioned. I arrived 2 years after marriage. 

[Crazy Cat 41,806]

8 minutes ago, Annmar said:

USC husband petitioned. I arrived 2 years after marriage. 

Sounds like they realized that your son should have also received a 10 year card. Thus, they refunded the ROC fees.

Edited August 6, 2020 by Lucky Cat

[Annmar 17]

1 minute ago, Lucky Cat said:

Sounds like they realized that your son should have also received a 10 year card. Thus, they refunded the ROC fees.

But the agent I spoke with said they don't know why and that she didn't see where a green card will be produced because the case was close 

[Crazy Cat 41,806]

6 minutes ago, Annmar said:

But the agent I spoke with said they don't know why and that she didn't see where a green card will be produced because the case was close 

It sounds like there was no card produced because it never reached that stage. If your son incorrectly received a 2 year card, you must submit an I-90 and the old card to have it corrected.

 

You correctly received a 10 year card correct?  If so, your son should have also received a 10 year card....as stated by @NikLR

Edited August 6, 2020 by Lucky Cat

[Annmar 17]

59 minutes ago, Lucky Cat said:

It sounds like there was no card produced because it never reached that stage. If your son incorrectly received a 2 year card, you must submit an I-90 and the old card to have it corrected.

 

You correctly received a 10 year card correct?  If so, your son should have also received a 10 year card....as stated by @NikLR

I will file that later on today.... I'm just puzzled that we have to suffer because of their mistake and the fact that when I log into the case I didn't see that it was closed. If I had known I would have sorted it out long ago. 

Thanks to you guys.

[NikLR 13,227]

20 minutes ago, Annmar said:

I will file that later on today.... I'm just puzzled that we have to suffer because of their mistake and the fact that when I log into the case I didn't see that it was closed. If I had known I would have sorted it out long ago. 

Thanks to you guys.

Too bad you never asked on here, but it's the logical assumption that if you received an IR1 vs a CR1 that your son would have an IR2.  However, you just figured the USCIS would send the correct info, but many people make that mistake.  It's okay. 

Edited August 6, 2020 by NikLR

[Annmar 17]

4 minutes ago, NikLR said:

Too bad you never asked on here, but it's the logical assumption that if you received an IR1 vs a CR1 that your son would have an IR2.  However, you just figured the USCIS would send the correct info, but many people make that mistake.  It's okay. 

 thank you. A lawyer did my paperwork a copy of both cards were sent and I was told that he would need to remove conditions from his card. I really should be asked on here being that I'm a member for so long.

[Crazy Cat 41,806]

1 minute ago, Annmar said:

 thank you. A lawyer did my paperwork a copy of both cards were sent and I was told that he would need to remove conditions from his card. I really should be asked on here being that I'm a member for so long.

Your attorney should have known...you deserve a refund from him/her....absolutely inexcusable, imho.   

[Annmar 17]

11 minutes ago, Lucky Cat said:

Your attorney should have known...you deserve a refund from him/her....absolutely inexcusable, imho.   

I feel the same way. 

[HRQX 4,145]

10 hours ago, Annmar said:

I will file that later on today...

I-90 filing is free in his case and can be filed online: https://www.uscis.gov/i-90 Filing reason "(D)"

Filing Fees by Application Reason:

Reason for Application	Form Fee	Biometric Services	Total
(A) My card has been lost, stolen, or destroyed.	$455	$85	$540
(B) My previous card was issued but never received.	$0	$0	$0
(C) My card has been mutilated.	$455	$85	$540
(D) My existing card has incorrect data because of DHS error.	$0	$0	$0
(E) My name or other information has been legally changed.	$455	$85	$540
F) My card will expire within six months or has already expired.	$455	$85	$540
(G1) I have reached my 14th birthday, and my existing card will expire after my 16th birthday.	$0	$85	$85
(G2) I have reached my 14th birthday and my existing card will expire before my 16th birthday.	$455	$85	$540
(H1) I am a permanent resident who is taking up commuter status.	$455	$85	$540
(H2) I am a commuter who is taking up residence in the U.S.	$455	$85	$540
(I) I have been automatically converted to permanent residence status.	$455	$85	$540
(J) I have a prior edition of the card, or I am applying to replace my card for a reason not specified above.	$455	$85	$540

Edited August 7, 2020 by HRQX

[Crazy Cat 41,806]

6 hours ago, HRQX said:

I-90 filing is free in his case and can be filed online: https://www.uscis.gov/i-90 Filing reason "(D)"

Online?  I thought they require the card to be returned along with the form.  I think I remember reading that a few months ago......but maybe that was before some forms could be filed online.

Edited August 7, 2020 by Lucky Cat

[HRQX 4,145]

5 hours ago, Lucky Cat said:

I think I remember reading that a few months ago......

When pressing blue "File Online" button and signing in with USCIS online account the first page says:

Fee

We will automatically calculate the cost for you when you submit your application.

The application fee is $540. This includes the $455 standard fee plus an $85 biometrics service fee. You do not have to pay the application fee if:

• Your previous card was issued but never delivered
• Your card was incorrect because of a Department of Homeland Security (DHS) error

If you are 14 years old and your card will expire after your 16th birthday, you only have to pay the $85 biometrics fee.

Learn more about filing a fee waiver.

 

Refund Policy

USCIS does not refund fees, regardless of any action we take on your application, petition or request, or how long USCIS takes to reach a decision.

By continuing this transaction, you acknowledge that you must submit fees in the exact amount and that you are paying the fees for a government service.

Please refer to the instructions for the form(s) you are filing for additional information or you may call the USCIS Contact Center at 800-375-5283. For TTY (deaf or hard of hearing) 800-767-1833.

 

Later, after selecting Filing Reason it says:

Your Permanent Resident Card

Upload an image of both sides of your Permanent Resident Card (formerly known as the Alien Registration Card or Green Card).

Make sure all text is clear and readable.

 

 

 

The paper instructions were provided 2.5 years before online filing became an option for I-90 in late 2019. The policy manual doesn't provide any underlying regulation via footnote for its example in "4. Required Evidence" section: https://www.uscis.gov/policy-manual/volume-11-part-b-chapter-2 The paper instructions don't even follow 8 CFR 264.5(e)(1) because all the below listed filing reasons "need" the prior GC to be surrendered: https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.264_15

 

(2) When the existing card will be expiring within six months;

(3) When the existing card has been mutilated;

(4) When the bearer's name or other biographic information has been legally changed since issuance of the existing card;

(5) When the applicant is taking up actual residence in the United States after having been a commuter, or is a permanent resident taking up commuter status;

(8) When the bearer of the card reaches the age of 14 years, unless the existing card will expire prior to the bearer's 16th birthday; or

(9) If the existing card bears incorrect data on account of Service error.

Edited August 7, 2020 by HRQX

[Crazy Cat 41,806]

53 minutes ago, HRQX said:

Your Permanent Resident Card

Upload an image of both sides of your Permanent Resident Card (formerly known as the Alien Registration Card or Green Card).

 

OK.  Thanks.  That makes sense...