Green Cards not yet received - timeframe to request for replacement cards??

abumiqdad

Member
Hi all.

I am having a bit of a difficulty, mainly because i am currently not in the USA. I got the Diversity visa which i entered with my 1st born (2nd born did not get included in the application hence his status is a bit in a limbo).

Now the address in my application is no longer valid, it was a friends address BUT she had moved. A week after i entered the USA, i used the USCIS form online to submit my address change request, and i got an email saying that it has been updated. Now months later, i was expecting my card to be delivered to the updated address, but nothing so far.

So i opened a case with USCIS for my cards (my son's and mine), and surprisingly, USCIS said, my cards had been delivered with a tracking number given. Using the tracking number, it was shown that 20 days AFTER i made the address change, the card got delivered to the OLD ADDRESS.

Here is what USCIS said:

" The status of this service request is:

You or your representative contacted USCIS to notify us that you have not received your Permanent Resident Card (PRC). Below is a summary of what we found and how the issue has been or may be resolved.

On December 23, 2016, we sent your Permanent Resident Card to you using the address we had on file. The U.S. Postal Service (USPS) has not returned your card to this office. The U.S. Postal Service (USPS) shows delivery on December 24, 2016. The USPS tracking number is _________________.

What You Can Do
If you did not receive your card, to receive a replacement card, you may wish to submit a new original Form I-90, Application to Replace Permanent Resident Card, with the proper fee and your original signature. Please read the instructions on the Form I-90 instruction page carefully before filing your application with us. "

If only i opened the case sooner than 120 days (as what USCIS requested me to do)..

I asked my friend to check with the neighbors and the neighbors came back with a negative (they paid the old address a visit and the tenant said no such mails had arrived). At the moment i am not sure if the current tenant of the old address is telling the truth or could not be bothered to check properly.

So now i am not sure what am i supposed to do. I have not even received the card, and currently i am out of the country.

If i want to proceed with the replacement, i would have to fly to the USA, find a place to stay and re-apply for a new car, all costing money and currently i still have to work daily for sustenance.

Would it be possible to request for USCIS to re-issue me a new card without having to re-apply again (with biometrics and all that)? I mean, i have updated the address, why would USCIS not use the new one and 20 days AFTER i updated the address, they still use the old one???!!

If no, how long would the process usually be? (which means i would have to travel to the USA, stay there till it is sorted - which i am not sure if that is even possible considering that i need to pay rent and work as well)
 
We tell people over and over again. that the address the GC will be sent to is the one listed on the DS260 or updated at the POE. That is the last chance to change the address. It is not at all unusual that they delivered to that address - that is the normal procedure.

When you say the 2nd born status is a bit in limbo - was the child born when you entered the DV lottery? How did the child not get included in the application?
 
Sigh, an oversight from me then, i would have no idea that the address update would not take any effect. However, isnt it common that people would have temporary place to stay and the address might not be a permanent address hence the need to change it? And i have to wonder why wouldnt USCIS use a better postal service, either Certified Mail or Signature of recipient when delivering the cards that could cost thousands of USD to be replaced (for a whole family)? I mean it is just unfathomable that USCIS is putting its trust on the USPS service - by just using tracking (with no proof of delivery whatsoever). As long as the tracking says delivered/dropped/left at mailbox, it will be taken as "The recipient should have received it, if not, file for a replacement which is USD 540 PER CARD "

Should have done that at the PoE but was a bit nervous to say anything during the process at the port.

Answering your question, he was not yet born during the process, after submitting my forms, and then i scheduled an appointment at my local consular, he was born. (if he was already born, my whole application would have been rejected for not including all child)

We tell people over and over again. that the address the GC will be sent to is the one listed on the DS260 or updated at the POE. That is the last chance to change the address. It is not at all unusual that they delivered to that address - that is the normal procedure.

When you say the 2nd born status is a bit in limbo - was the child born when you entered the DV lottery? How did the child not get included in the application?
 
Sigh, an oversight from me then, i would have no idea that the address update would not take any effect. However, isnt it common that people would have temporary place to stay and the address might not be a permanent address hence the need to change it? And i have to wonder why wouldnt USCIS use a better postal service, either Certified Mail or Signature of recipient when delivering the cards that could cost thousands of USD to be replaced (for a whole family)? I mean it is just unfathomable that USCIS is putting its trust on the USPS service - by just using tracking (with no proof of delivery whatsoever). As long as the tracking says delivered/dropped/left at mailbox, it will be taken as "The recipient should have received it, if not, file for a replacement which is USD 540 PER CARD "

Should have done that at the PoE but was a bit nervous to say anything during the process at the port.

Answering your question, he was not yet born during the process, after submitting my forms, and then i scheduled an appointment at my local consular, he was born. (if he was already born, my whole application would have been rejected for not including all child)

Regardless of what you think USCIS should have done or should be doing regarding the GC delivery, you caused the situation you've now found yourself in I'm afraid. Since you were already aware of your friend's move from you listed address, you should have updated that information either at the time of your interview or at the POE.

Now regarding your 2nd child, if I'm reading your response correctly, he was born after you had submitted your DS260 form but before your interview took place and you did not disclose that when you went for the interview?
 
At the time of the interview, it wasnt made known to me about the address change, only close to the departure date.

I'll take portion of that responsibility (something that i believe is should had done), at the same time, the system in place is not working (it wasnt made clear that using the online address change would have not had any effect on the delivery of the GC - and that not receiving it, will hit one badly on the financial side of things (imagine a family re-adjusting the life in a new country with limited source of funds, and have to go through this process).

I had made clear of the fact that i have 2nd child during the interview and was asked if i wanted to have him included in the process - it was already July that time, should i choose to include him, i would have to go through the process of medical check up, then scheduling the interview again and then have the DV application processed, which could go well beyond August, and DV visa will usually run out even before September. Hence the options left for me were either include him, risk of not getting visa for everyone, or go on but have to deal with him later.

Regardless of what you think USCIS should have done or should be doing regarding the GC delivery, you caused the situation you've now found yourself in I'm afraid. Since you were already aware of your friend's move from you listed address, you should have updated that information either at the time of your interview or at the POE.

Now regarding your 2nd child, if I'm reading your response correctly, he was born after you had submitted your DS260 form but before your interview took place and you did not disclose that when you went for the interview?
 
At the time of the interview, it wasnt made known to me about the address change, only close to the departure date.

I'll take portion of that responsibility (something that i believe is should had done), at the same time, the system in place is not working (it wasnt made clear that using the online address change would have not had any effect on the delivery of the GC - and that not receiving it, will hit one badly on the financial side of things (imagine a family re-adjusting the life in a new country with limited source of funds, and have to go through this process).

I had made clear of the fact that i have 2nd child during the interview and was asked if i wanted to have him included in the process - it was already July that time, should i choose to include him, i would have to go through the process of medical check up, then scheduling the interview again and then have the DV application processed, which could go well beyond August, and DV visa will usually run out even before September. Hence the options left for me were either include him, risk of not getting visa for everyone, or go on but have to deal with him later.

The system in place may not have worked for you, but it certainly worked for countless others who diligently researched and asked questions without assuming things.

It seems to me the same assumption is the reason your 2nd child's immigration status is in limbo right now. I happen to have a decent understanding of the DV process, I'm assuming you were a DV2016 selectee. Well for 2016, there was no risk of visas running out, so if you had diligently researched on the issue you would have received the needed guidance to enable you include the child and not be in the position you're in now.
 
True, that is part of my mistakes.

regarding that visa running out, it was during the interview that i was informed by the consular officer about the risk. And considering the timeframe that i have, (interview was mid july), scheduling for medical check up would take a month or so, and then scheduling for another interview, which means i might go past September.

The system in place may not have worked for you, but it certainly worked for countless others who diligently researched and asked questions without assuming things.

It seems to me the same assumption is the reason your 2nd child's immigration status is in limbo right now. I happen to have a decent understanding of the DV process, I'm assuming you were a DV2016 selectee. Well for 2016, there was no risk of visas running out, so if you had diligently researched on the issue you would have received the needed guidance to enable you include the child and not be in the position you're in now.
 
Staying to the topic of this post, any pointers on what to do next should i decide to renew my GC? (currently i am out of the country).

Meaning, travel, forms to fill out, waiting time, biometric, and waiting period.

Also, would this hinder me from filing Re-entry permit I 131 at the same time?
 
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