An unusual situation?

Hafiz74

Registered Users (C)
Hi,

My situation is quite unusual. I got green card through my wife (a USA citizen) when she filed I-130 petition in Pakistan for me. I came to USA on immigrant visa in May 2003. Since then we have spent some time in the USA and some in Pakistan with no stay being longer than one year.

Unfortunately, the immigrant visa (and consequently) green card had the wrong category on it (CR1 conditional residence rather than IR1) despite the fact that our marriage was more than 3 years old. After receiving the green card I wrote several letters to the USCIS in USA to get my card corrected but to no avail. I visited USCIS offices and they simply told me to file 1-751 before two years (as the card would expire in 2 years).

Eventually, I wrote to the USCIS office in Pakistan who admitted their mistake as a “misprinting” and told me they would write a letter to USCIS USA that it was their mistake of misprinting and my card may be replaced.

When I eventually went to USICS office in Florida to file I-751 or get the card replaced, the adjudicating officer told me not to file I-751 and instead asked me to come back after a month and the officer would check my file and verify the facts. I received a call from the same officer after 2 weeks or so....asking me to come and file an I-90 to replace my card. When I went to see the officer in April 2005 the officer said that my facts had been verified and there was no need to file I-751 and instead my green card would be replaced. He did not ask me to file I-90 and instead just took my signature and finger prints on white/blue colored I-551 card. He also took 2 photographs from me and took my original green card back. He put a stamp on my passport stating "Processed for I-551 temporary............" I was told the stamp was valid for 1 year and my green card would arrive in 6~8 months and in the meantime I could travel on the stamp.

After a few days I went to Pakistan again.....and did not hear anything from USCIS.....until Dec 28th 2005 when a family member discovered an informal letter (no signature and plain paper) from the same officer dated April 6th 2005 stating "your card cannot be re-done without I-90" and the I-90 was attached to it. I was shocked but nonetheless filled the form and sent it to the officer on Jan 3rd 2006.

I got a reply from the same officer that I-90 would have to be filed again as the old version was not applicable anymore and I should file online or to California. I was then advised by a friend to file at Texas Service Center. I, however, did not send an I-90 to Texas Service Center because my original green card was issued from Vermont (while I was resident in New York). I sent I-90 application to the following:

1. Vermont Service Center....because as per instructions on the I-90 any incorrect green cards are to be returned with I-90 to the service center where it was originally issued from.

2. California Service Center......because the officer in Florida who originally dealt with my application (on April 5th 2005) told me to do so in his informal letter dated Jan 7th 2006.

3. National Benefits Center.......due to the fear that my applications to both the above service centers may not be appropriate and the national benefit center would mark it to the right service center if necessary.

Well I finally received 3 different I-90 receipts dated Jan 23 (from Vermont, originally sent to Vermont), Jan 30 (from Texas, originally sent to California) and Feb 1 (from Texas too, originally sent to NBC).

I then visited the USCIS and told them that by mistake I had filed 3 different I-90s and had received receipts against all of them. I also said I wanted to withdraw the not relevant applications.

I was told that the filed applications could not be withdrawn and I should let USCIS sort it out themselves. Secondly, I asked about my finger printing/photos etc which was done on April 5th 2005 (almost 10months before my current I-90 applications) and the officer told me he did not know if photos etc would be done again. They also extended my green card stamp for another 6 months stating that it was enough time to get the green card processed.

Now priority dates for all three I-90 applications have passed in fact the latest one passed about 2 months ago. I recently, got a letter from USCIS/DHS that the processing of my case had been delayed due to routine security checks.

To say the least it is extremely frustrating. Can anybody offer any advice on this issue?
 
Background check

Recently, I got a reply from USCIS stating that the processing of my case had been delayed due to routine security background checks.

1. Does anybody know how long these checks take?
2. Can I hire a lawyer and file a case against USCIS to get my case expedited?

Thanks
 
I'm not totally sure how long it usually takes for I90 to get processed but I can share with you my timeline. I filed online and I guess it first went to National Benefits Center and then to California Service Center since I'm in California.

Here's how things went for me:

completed I90 online - 5/27/06
received - 5/30/06
receipt received - 6/12/06
fingerprints - 6/21/06
approval notice - 6/27/06
approved date - 6/30/06
gc received - 7/7/06

Hope you get your things sorted out. Good luck.
 
Hi,

I recently got the following update on my case (I-90 application) filed at Vermont Service Center.

"On September 28, 2006, we transferred your I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD to an office in NEW YORK, NY for processing. That office will notify you when they take action on your case. You should receive a notice informing you that your case has been transferred to a local office."

Can anybody comment on this?

Thank you
 
Hafiz74 said:
Hi,

I recently got the following update on my case (I-90 application) filed at Vermont Service Center.

"On September 28, 2006, we transferred your I90 APPLICATION TO REPLACE ALIEN REGISTRATION CARD to an office in NEW YORK, NY for processing. That office will notify you when they take action on your case. You should receive a notice informing you that your case has been transferred to a local office."

Can anybody comment on this?

Thank you

When a case is transferred to a local DO, it usually signals that you will be asked to appear in person, possibly for an interview.
 
thanks for the reply!

I do not understand why I would be called for an interview in New York when my address on I-90 application was given as Orlando, FL?

any comments??

Thanks
 
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