Lost re-entry permit and stupid adjudicator

[porajoy]

My mom, a green card holder, left USA on Feb'2007. Before leaving she filed for re-entry permit. It got issued on July'2007 but lost in the mail. We came to know about it on Jan'2008 after writing so many mail to USCIS. USCIS advised to file another petition with new application fees of $305. So, she filed another one on March'2008 from overseas with new application fees. Now, on new application, adjudicator asking evidence that she has been in USA on March'2008. We are very much frusted for the stupidness of adjudicator and don't see any way out. Can any of you have any such experience? or have any advise to follow. Looks like the new application of re-entry permit would be denied and old one would be lost. She is out of country for about 19 months. Here is our choices:
1. Take a chance at port of entry showing USCIS document that re-entry permit got lost in the mail so that they can let her in.
2. File return resident permit (SB-1) in overseas consulate

Do any of you have experience as such?

[Jackolantern]

The adjudicator is following the right procedure, because the 2nd REP is supposed be rejected because she needed to be in the US when it was filed. She didn't know that she needed to be in the US when filing it? Having failed to receive the REP, she should have returned to the US before her 1 year was up.

But USCIS, as usual, gave incomplete advice because they just want the money and don't have to bear the consequences. Apparently they didn't inform her about the requirement to be in the US.

Attempting #1 could result in her green card being taken away at the POE and having to fight a court battle to get it back. File the SB-1, giving the explanation that the reentry permit was approved but not delivered.

[GCman2005]

I would say return in united states as soon as possible

my pick would be "1. Take a chance at port of entry showing USCIS document that re-entry permit got lost in the mail so that they can let her in."

good luck

[raevsky]

they just want the money and don't have to bear the consequences

Hm.... I would say they don't care about money either.

It got issued on July'2007 but lost in the mail

Was it issued for 1 year or for two years? Do you know it's expiration date? Do you have an approval notice?

USCIS advised to file another petition with new application fees of $305...
We are very much frusted for the stupidness of adjudicator and don't see any way out.

What they meant you needed to return to US and file I-131 from the US.

[porajoy]

It issued for two years. I don't have approval notice but I got a letter from USCIS and they state that it got approved on that day and mailed to me. They want her to be in USA before applying second time but she was already out of USA for more than one year. Thanks

[raevsky]

How do you know it was for 2 years? Was it stated in the letter?

[porajoy]

My mom, a green card holder, left USA on Feb'2007. Before leaving she filed for re-entry permit. It got issued on July'2007 but lost in the mail. We came to know about it on Jan'2008 after writing so many mail to USCIS. USCIS advised to file another petition with new application fees of $305. So, she filed another one on March'2008 from overseas with new application fees. Now, it got denied based on the fact that she was not in USA during filing second time. We are exploring what would be her options? If any of you have such experience let us know. Here are the options I see:
Applying for returning resident permit
Trying to get Travel document from embassy
Re-applying for green card.
Take a chance and see what happens in port of entry.

Thanks.

[Jackolantern]

Apply for the SB-1. If it was applied for back in September when you started this thread, it probably would have been approved by now.

[cafeconleche]

Can the letter that she applied for the RP be used too? At the POE? How about the letter from USCIS stating that the RP was issued, but probably lost? That will at least get you an SB-1 visa, no?

[porajoy]

That is the path I am taking to and getting in touch with Consulate. If you have SB-1 experience, please share. Is it some thing can be handled like non-resident visa? Thanks.

[Jackolantern]

http://www.immihelp.com/greencard/re...dent-visa.html