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How to get USCIS to correct their mistake

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  • How to get USCIS to correct their mistake

    My lawyer filed an Advanced Parole application for my wife at the same time as applying for her greencard. We received the approved Advanced Parole document but it included a spelling mistake in the middle-initial field. The USCIS actually attempted to spell all 4 letters of her middle name and managed to get 2 of those letters wrong!

    Once we noticed the error, we informed our lawyer. He called the USCIS and was told that we would receive a corrected AP within 30 days. 30 days later we hadn't received anything so our lawyer called again and was told this time to send a letter requesting the correction. He sent the letter and still we recevied nothing. I then asked the lawyer to re-file the Advanced Parole application since this is what the USCIS had advised me to do. The USCIS also advised me that we need not submit the fee so long as we can prove that the USCIS is at fault.

    Last week my lawyer re-filed the AP application along with evidence of the USCIS mistake and a cover letter indicating why we have not included payment. It appears as though the USCIS has ignored the cover letter since we received a rejection notice this week saying that we did not pay the fee.

    We have been fighting this for 3 months now and do not know what to do. I personally re-filed the advanced parole application today, again with a cover letter and without payment. I strongly suspect that it will be rejected again. I find it very frustrating that it is costing us so much money & time to try to get the USCIS to fix their mistake.

    We have also booked an InfoPass appointment as a last resort to see if a face-to-face meeting can get the issue resolved.

    Please can someone let me know how they have resolved a similar problem?
    Last edited by NitrousDigital; 26th October 2006, 07:14 PM.

  • #2
    Originally posted by NitrousDigital
    My lawyer filed an Advanced Parole application for my wife at the same time as applying for her greencard. We received the approved Advanced Parole document but it included a spelling mistake in the middle-initial field. The USCIS actually attempted to spell all 4 letters of her middle name and managed to get 2 of those letters wrong!

    Once we noticed the error, we informed our lawyer.

    ---------------Did you check the I-131 form that lawyer sent for AP first time? Ask the copy of that form from lawyer check if the lawyer wrote a correct name.
    He called the USCIS and was told that we would receive a corrected AP within 30 days. 30 days later we hadn't received anything so our lawyer called again and was told this time to send a letter requesting the correction. He sent the letter and still we recevied nothing. I then asked the lawyer to re-file the Advanced Parole application since this is what the USCIS had advised me to do. The USCIS also advised me that we need not submit the fee so long as we can prove that the USCIS is at fault.

    Last week my lawyer re-filed the AP application along with evidence of the USCIS mistake and a cover letter indicating why we have not included payment. It appears as though the USCIS has ignored the cover letter since we received a rejection notice this week saying that we did not pay the fee.

    We have been fighting this for 3 months now and do not know what to do. I personally re-filed the advanced parole application today, again with a cover letter and without payment. I strongly suspect that it will be rejected again. I find it very frustrating that it is costing us so much money & time to try to get the USCIS to fix their mistake.

    We have also booked an InfoPass appointment as a last resort to see if a face-to-face meeting can get the issue resolved.
    ----do that and I dont think local USCIS may help
    Please can someone let me know how they have resolved a similar problem?
    I will file new AP and paper file it with fees
    Remember, I am strictly a layperson without any legal training. Please, if in doubt, be sure to use the services of a professional lawyer whom you trust.

    Comment


    • #3
      Originally posted by NitrousDigital
      My lawyer filed an Advanced Parole application for my wife at the same time as applying for her greencard. We received the approved Advanced Parole document but it included a spelling mistake in the middle-initial field. The USCIS actually attempted to spell all 4 letters of her middle name and managed to get 2 of those letters wrong!

      Once we noticed the error, we informed our lawyer. He called the USCIS and was told that we would receive a corrected AP within 30 days. 30 days later we hadn't received anything so our lawyer called again and was told this time to send a letter requesting the correction. He sent the letter and still we recevied nothing. I then asked the lawyer to re-file the Advanced Parole application since this is what the USCIS had advised me to do. The USCIS also advised me that we need not submit the fee so long as we can prove that the USCIS is at fault.

      Last week my lawyer re-filed the AP application along with evidence of the USCIS mistake and a cover letter indicating why we have not included payment. It appears as though the USCIS has ignored the cover letter since we received a rejection notice this week saying that we did not pay the fee.

      We have been fighting this for 3 months now and do not know what to do. I personally re-filed the advanced parole application today, again with a cover letter and without payment. I strongly suspect that it will be rejected again. I find it very frustrating that it is costing us so much money & time to try to get the USCIS to fix their mistake.

      We have also booked an InfoPass appointment as a last resort to see if a face-to-face meeting can get the issue resolved.

      Please can someone let me know how they have resolved a similar problem?
      Try putting a different color paper on the top with "Petition for Name Correction" in big bold fonts covering entire page.
      sheth

      - Green Card (EB2 - India - PD 7/2001) -
      I-140: 10/05/06 Mailed - 11/24/06 Approval Date (51 Days)
      I-485: 10/05/06 Mailed - 12/04/06 Green Card Recd (56 Days)

      - USC (DO - Atlanta) -
      N-400: 10/17/11 Mailed - 04/06/12 Oath Completed (172 Days)
      US PP: 05/07/12 Agency - 05/14/12 Recd (07 Days)

      - OCI/SC (CGI Houston) -
      05/24/12 Mailed to TRAVISA (
      05/31/12 Sent to Mission
      08/22/12 Recd from Mission
      09/04/12 Recd OCI in Mail

      Comment


      • #4
        Solution!!

        After having sent a 2nd request to get the Advanced Parole corrected and heard nothing for 3 weeks I called the USCIS to check on the status. They said that they haven't seen any updates in their system yet, and couldn't even acknowledge that they have received the 2nd request for correction. They recommended that I wait up to 30 days. Unfortunately, we no-longer have 30 days before our trip. Fortunately though, we had predicted this might happen and had already scheduled an InfoPass appointment to speak with an immigration officer to try and finally get this issue resolved.

        Yesterday, we went to the USCIS office for our InfoPass meeting and the officer there was INCREDIBLY HELPFUL!!! He called the Chicago office and explained the problem. Minutes later he informed us that we would be receiving the corrected Advanced parole within a couple of days. We had to pay for the expedited shipping, which is a bit of a disappointment given that all of this inconvenience is due to a USCIS mistake, but at least we didn't have to pay the full $170 for another AP.

        Today, we received the corrected advanced parole!!! The only negative point being that we have lost 3 months of validity on the document since they didn't reset the expiration date. Oh well, with any luck we'll have the greencard before this AP expires!

        So in summary... if you want to get the USCIS to fix a mistake, make an InfoPass appoinment!!!

        Comment

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