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  #1  
Old 19th May 2008, 07:17 PM
edd.har edd.har is offline
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Already received "Welcome Notice", why asked for filing I-90?

My aunt's greencard was canceled because she stayed overseas for around 3 years without proper documentation (e.g., Re-Entry Permit). While she was overseas, Her husband, a US citizen, filed a petition for her new greencard in the local US Embassy, got a bunch of documents that she must bring to the immigration office in the US. She flew back to the US, the immigration officer in the Port of Entry (LAX) took these documents, and let her in. One week later (she was still in the US), she got a "Welcome Notice" from the USCIS stating that they got the documents and told her to wait for 30 days for further notice. Today she got a letter, which should be that follow up notice, stating that "her current status as an SB1 is only a temporary status” and that “she is required to file a Form 1-90 with fee before she can regain her permanent resident status.”

Does anybody know why she has to file Form I-90? She still has the old greencard and the card is still valid until 2014 (although, legally, the card was canceled several years ago because of her extended stay overseas).

Thank you for your help.

Last edited by edd.har; 19th May 2008 at 07:20 PM.
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  #2  
Old 19th May 2008, 07:41 PM
PraetorianXI PraetorianXI is offline
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Location: Birmingham, AL
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The officer that allowed her to enter, granted her entry under SB-1? which would be a returning resident visa, and she would have to file I-90 to renew her GC.

But, since that GC is cancelled, that process would lead nowhere. I think it is just a case of administrative confusion. She just needs to wait on her new GC to arrive, the old GC and the "resident time" attached to it are voided, so filing an I-90 would be a mistake in this case.
__________________
DO: Atlanta, GA

Year 2007
5/03: I-485 Receipt Date
8/07: I-485 Approved
8/27: Conditional GC Received

Year 2009
5/15: I-751 Receipt Date
9/22: I-751 Approved
10/3: Unconditional 10yr GC Received

Year 2010
5/10: File N-400 for US Citizenship
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  #3  
Old 20th May 2008, 12:43 AM
GotPR? GotPR? is offline
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Was GC really cancelled or do you just assume GC was cancelled ?
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EB2, rest of the world.
LC(RIR) PD : 4/29/02
LC(RIR) Approved : 11/17/04
I485/I140/EAD/AP RD : 12/15/04
FP : 1/9/05
AP Approved : 2/17/05
EAD Approved : 3/26/05
I485/I140 Approved : 5/24/05
I-551 stamp : 6/3/05
Plastic Card RD : 6/28/05

Last edited by GotPR?; 20th May 2008 at 12:46 AM.
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  #4  
Old 20th May 2008, 07:19 AM
edd.har edd.har is offline
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Sorry for the confusion.

These are what happened in chronological order:
1) My aunt's green card was canceled (it was really canceled).
2) Her husband filed a petition (I-130) to get her a new greencard in the local US embassy.
3) After filing the petition, my aunt got a bunch of documents from the local US embassy. These documents must be brought to a USCIS office in the US to be processed.
4) My aunt flew to the US. To enter the US, she was granted an "IR1" visa.
5) In the port of entry (LAX),
(a) The immigration officer took the documents given by the US embassy. I
believe that he/she sent it to the USCIS office to be processed because my aunt
got the notice of action one week later.
(b) The immigration officer struck through (by hand) the word "IR1" on my aunt's entry visa
and wrote (by hand) the word "SB1". It seems that he/she changed my aunt's entry status
from IR1 to SB1
(c) My aunt was granted entry to the US
6) Within a week in the US, she got the "Welcome Notice" saying that the USCIS already received the immigrant visa packet (i.e., the documents from the US embassy taken by the immigration officer in the port of entry), and that they will send further notice within 30 days
7) Yesterday my aunt got this follow up notice stating that "her current status as an SB1 is only a temporary status” and that “she is required to file a Form 1-90 with fee before she can regain her permanent resident status.”

Does anybody know why she has to file Form I-90 (the request for replacement card form)? She still has the old greencard and the card says that it will expire in 2014 (although, legally, the card was canceled several years ago because of her extended stay overseas).

Thank you again for your prompt reply and help.

Last edited by edd.har; 20th May 2008 at 07:22 AM.
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