Wife has CR-1 Visa but step-son has IR-2 VISA?!

[isaac124 1]

Hi all,

I have a question and we are worried about it to the point we are considering dumping $$ to talk to a lawyer..

Before I do, I just wanted to know if anyone else has experienced a similar circumstance.

 

We were married in may 2016. My wife entered the USA with her CR-1 Visa in October 2017. My step-son entered the USA with his IR-1 visa in December 2017.

 

Does anyone else agree that this is strange? any possibility that somehow i made a mistake in the i-130 or subsequent steps? My wife's interview for the visa was in the consulate in brazil.  My wife just finished her application to remove conditions and will receive her 10 year green card today or tomorrow. 

If my step-son had a 2-year green card, it would have expried over a year ago now, but we didn't do any application to remove conditions for him since we saw his green card would not expire for 10 years.. is it potentially a huge problem? I mean it doesn't seem like it is our fault and there is no logic to why they could deport him right? The fact he has a 10 year green card should over-ride any mistakes made in the past. 

 

Isaac and Luciana

Edited November 5, 2020 by Ryan H
Reason for edit: to remove full name

[Liam2021 583]

11 minutes ago, isaac124 said:

We were married in may 2016. My wife entered the USA with her CR-1 Visa in October 2017. My step-son entered the USA with his IR-1 visa in December 2017.

From May 2016- December 2017 is under 2 years, so the step-son should get the CR2 and will also need to do the ROC. This is clearly USCIS error , but looks like you not catch it.

[isaac124 1]

1 minute ago, Liam2021 said:

not catch it.

yep. ok so yeah i agree we didn't catch the error. I suppose we need to start an ROC for him right away despite the error and the long period of time that has passed?

[Liam2021 583]

2 minutes ago, isaac124 said:

yep. ok so yeah i agree we didn't catch the error. I suppose we need to start an ROC for him right away despite the error and the long period of time that has passed?

You 100% right. Send the ROC for step-son in and write a letter explain the situation. We better follow the protocol because it can be a big issue when your step-son apply for N400.

Edited November 2, 2020 by Liam2021

[Crazy Cat 41,858]

 

26 minutes ago, isaac124 said:

I mean it doesn't seem like it is our fault and there is no logic to why they could deport him right?

I would definitely at least consult an attorney for advice on how to write the letter..  You should have detected the error and corrected it.  

Edited November 2, 2020 by Lucky Cat

[isaac124 1]

1 minute ago, Liam2021 said:

Send the ROC for step-son in and write a letter explain the situation

Do we include a fee payment to them? I think if we had included the child in the ROC before.. it would have not required an extra payment.

[Crazy Cat 41,858]

8 minutes ago, isaac124 said:

I think if we had included the child in the ROC before.. it would have not required an extra payment.

But this now a separate I-751....which has to be processed.

Edited November 2, 2020 by Lucky Cat

[isaac124 1]

alright.. thanks for the advice.. i will get the lawyer consultation to ask about including the fee or not. I'm no expert, but i could see it being possible that they don't require a fee and that they don't need to even process the application since he has a 10 year green card and my wife is currently applying for naturalization. Her application for naturalization started in sept 2020. My step-son turns 18 in October 2021.

 

I don't know how long the naturalization process takes, but as long as it's completed before he turns 18, he should get citizenship automatically no matter what the official status is of his green card right?

 

the USCIS website gives an estimated case completion time of 8 months (july 2021)

Edited November 2, 2020 by isaac124

[Mollie09 1,543]

19 hours ago, isaac124 said:

I don't know how long the naturalization process takes, but as long as it's completed before he turns 18, he should get citizenship automatically no matter what the official status is of his green card right?

 

 

No, to get citizenship his green card needs to be valid, which right now it isn't. You need to fix it before this becomes a bigger issue.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Removing Conditions on Residency Discussion.

[isaac124 1]

On 11/3/2020 at 10:34 AM, Mollie09 said:

 

No, to get citizenship his green card needs to be valid, which right now it isn't. You need to fix it before this becomes a bigger issue.

finally heard back from USCIS. they did confirm what you said that right now his Green card is recorded as being "pending". I'm not sure that "pending" is exactly the same thing as not valid.. but i guess it's the same difference.

[isaac124 1]

I am attempting to file the i-751 with my step son at this time.

@Lucky Cat

 

We didn't feel comfortable with following through with your advice without hearing some sort of an actual response from the USCIS. We just felt like this is a hell of a lot of nonsense. Nothing about law needs to be sensical, but I guess we aren't lawyers and are still pretty optimistic about the world. I'm sure we'll eventually become more pessimistic.

 

I just have 3 questions at the end of this thread post...

 

We contacted USCIS in November of 2020. and they didn't reply until April 2021 with the advice. Here is a quote from the email they sent:

""

The status of this service request is:

We have reviewed your case. We have determined that your 10 year Lawful Permanent Resident (LPR) card was issued in error and is not valid. You should have been issues a 2 year Conditional Permanent Resident (CPR) card. Please send your card along with an explanation of the card error to:

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
National Benefits Center
P.O. Box 648004
Lee's Summit, MO 64002

You will need to file a Form I-751, Petition to Remove Conditions on Residence, as soon as possible with proper fees. You can download this form on our website www.uscis.gov. Please follow the instructions on the form.  Do not submit the application to the National Benefits Center.  Please submit the application to the address listed in the form instructions.
""

 

1. We are not clear about one question on the i-751. He is single. He is 17 but will turn 18 in October of 2021.

On question #14 of the i-751 where it asks it asks for what day conditional residence expires. 

Since the card they gave us has a 10 year expiration date, I have no idea what day his "theoretical conditional residence" expired. I do know what day my wife's conditional residence expired and it was in October of 2019. Should I put the same date here? I assume in the cover letter I will write an explanation of what has happened in regards to the administrative error which led me check "no" on part 5 line 5 saying that we did not need to apply to remove conditions from my step-son's permanent residence before. 

 

2. My wife is concerned now that if the i-751 is not finished before he turns 18, then he will need to apply for citizenship separately from us at some later point. My wife's naturalization application is in process and we expect it will be completed before his 18th birthday. Perhaps it is worth writing an expedite request? Or just including this discussion in the cover letter of this i-751? Turning 18, shouldn't have any implications on his eligibility to receive the 10-year permanent residence right?

 

3. We are concerned about my step-son's travel plans in the summer of 2021. He has plane tickets to spend the summer of 2021 in Brazil with his biological father.  We expect that it will be possible to schedule an info-pass appointment to give him a stamp in his passport to allow him to enter the USA. I called and they agreed that i will be able to do this once I get a receipt number for the i-751 case. I'm only concerned about their instruction to mail the 10 year green card to the national benefits center. If we mail the green card now, are they still going to give the stamp in the passport without receiving his greencard in return? My wife got a stamp for her passport after the i-751 was submitted and they required that she surrender her green card in exchange for the stamp during the appointment. 

[mindthegap 2,590]

8 minutes ago, isaac124 said:

 

3.If we mail the green card now, are they still going to give the stamp in the passport without receiving his greencard in return? 

Yes.

Make scans - front and back -  before you send it.

[aaron2020 11,651]

26 minutes ago, isaac124 said:

I am attempting to file the i-751 with my step son at this time.

@Lucky Cat

 

We didn't feel comfortable with following through with your advice without hearing some sort of an actual response from the USCIS. We just felt like this is a hell of a lot of nonsense. Nothing about law needs to be sensical, but I guess we aren't lawyers and are still pretty optimistic about the world. I'm sure we'll eventually become more pessimistic.

 

I just have 3 questions at the end of this thread post...

 

We contacted USCIS in November of 2020. and they didn't reply until April 2021 with the advice. Here is a quote from the email they sent:

""

The status of this service request is:

We have reviewed your case. We have determined that your 10 year Lawful Permanent Resident (LPR) card was issued in error and is not valid. You should have been issues a 2 year Conditional Permanent Resident (CPR) card. Please send your card along with an explanation of the card error to:

U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
National Benefits Center
P.O. Box 648004
Lee's Summit, MO 64002

You will need to file a Form I-751, Petition to Remove Conditions on Residence, as soon as possible with proper fees. You can download this form on our website www.uscis.gov. Please follow the instructions on the form.  Do not submit the application to the National Benefits Center.  Please submit the application to the address listed in the form instructions.
""

 

1. We are not clear about one question on the i-751. He is single. He is 17 but will turn 18 in October of 2021.

On question #14 of the i-751 where it asks it asks for what day conditional residence expires. 

Since the card they gave us has a 10 year expiration date, I have no idea what day his "theoretical conditional residence" expired. I do know what day my wife's conditional residence expired and it was in October of 2019. Should I put the same date here? I assume in the cover letter I will write an explanation of what has happened in regards to the administrative error which led me check "no" on part 5 line 5 saying that we did not need to apply to remove conditions from my step-son's permanent residence before. 

 

2. My wife is concerned now that if the i-751 is not finished before he turns 18, then he will need to apply for citizenship separately from us at some later point. My wife's naturalization application is in process and we expect it will be completed before his 18th birthday. Perhaps it is worth writing an expedite request? Or just including this discussion in the cover letter of this i-751? Turning 18, shouldn't have any implications on his eligibility to receive the 10-year permanent residence right?

 

3. We are concerned about my step-son's travel plans in the summer of 2021. He has plane tickets to spend the summer of 2021 in Brazil with his biological father.  We expect that it will be possible to schedule an info-pass appointment to give him a stamp in his passport to allow him to enter the USA. I called and they agreed that i will be able to do this once I get a receipt number for the i-751 case. I'm only concerned about their instruction to mail the 10 year green card to the national benefits center. If we mail the green card now, are they still going to give the stamp in the passport without receiving his greencard in return? My wife got a stamp for her passport after the i-751 was submitted and they required that she surrender her green card in exchange for the stamp during the appointment. 

1.  His conditional residency expires 2 years from when he received his first green card.  Whatever the issue date is on his green card, add two years to it.

 

2.  He is still an LPR while he files to remove his condition.  He still qualifies for derivative citizenship under the CCA.  No reason for an expedite.  Once his condition is removed, then file for his US passport.

 

3.  Make photocopies of everything.  He can get a stamp.  COVID is crazy in Brazil - something to consider.