Another case of GC revoke!

J

Jeffliu

Registered Users (C)
Hi,
Dose anyone know how I can deal with this complicated mess?
My problem is I hold H1 B visa and wait my GC, but for some reason, my case was transferd to local USCIS office before my PD and they approved my I-485 and sent me the GC, of couse it is a mistake they made and I can not do anything about it, but recently I got a notice from NSC that they will sent my case back to local office to review, dose it mean they will revoke my GC? what can I do for it?

Help please.
 
Jeffliu said:
Hi,
Dose anyone know how I can deal with this complicated mess?
My problem is I hold H1 B visa and wait my GC, but for some reason, my case was transferd to local USCIS office before my PD and they approved my I-485 and sent me the GC, of couse it is a mistake they made and I can not do anything about it, but recently I got a notice from NSC that they will sent my case back to local office to review, dose it mean they will revoke my GC? what can I do for it?

Help please.
Click to expand...

Unless you did any fraud and this is completely a mistake from the USCIS, I assume you can go to the court and sue the USCIS if they revoke your card. Priority date, processing time and all that are internal regulations and you suppose to apply for GC and do not care of all that mess. If they issue you the card you will build your life and do arrangements based on that and they cannot revoke it.
 
mmed said:
Unless you did any fraud and this is completely a mistake from the USCIS, I assume you can go to the court and sue the USCIS if they revoke your card. Priority date, processing time and all that are internal regulations and you suppose to apply for GC and do not care of all that mess. If they issue you the card you will build your life and do arrangements based on that and they cannot revoke it.
Click to expand...
Not so simple. If the GC was issued in error, they can revoke it within 5 years via an administrative rescission process. If the priority date was not current at the time the GC was approved, they can surely revoke it for that reason.
 
Jeffliu said:
Hi,
Dose anyone know how I can deal with this complicated mess?
My problem is I hold H1 B visa and wait my GC, but for some reason, my case was transferd to local USCIS office before my PD and they approved my I-485 and sent me the GC, of couse it is a mistake they made and I can not do anything about it, but recently I got a notice from NSC that they will sent my case back to local office to review, dose it mean they will revoke my GC? what can I do for it?
Click to expand...
Yes, they can revoke it if the GC was approved less than 5 years ago and the PD was not current at the time it was approved. If you are called in for an interview, get a lawyer to go with you to help with 2 things:

(1) if the GC is being revoked, to check that the reason is valid and challenge it if otherwise,
and
(2) if the revocation is valid and the mistake is USCIS fault, convince USCIS to promptly reinstate your H1B and/or EAD.

What is your EB category and country and priority date, and when was the GC approved?
 
Last edited by a moderator:
Thank you for your comment, I might face this interview very soon, I did not make any mistake, if they revoke my GC, even they can keep my H1 or EAD, how about my I485 case? it is a real mess.
My EB category is EB2 and China born and priority date is 10-30-2006, I got my GC this March. do I have chance to win this case?

Thank you in advance.
 
My daughter's I-485 got denied due my status change from LPR to USC

-- Her I-485 receipt date was 08/26/2003
-- her PD was Aug 2000 (my EB2 PD)
-- E26 Derivative adjustment category
-- My green card was approved in June 2003.

The reason to be denied is due to my status changed from LPR to USC (I became USC in Oct 2008). However, her online case status remained as "Card Production Ordered" from 10/25/2007 to at least 10/17/2008 which was prior to my citizenship thing, but we never physically received the card nor the welcome letter or approval notice. She had to do her I-485 fingerprints for 4 times... and has been over 21 year old now...

At the end of the denial letter, it states: "There is no appeal to this decision. However, the applicant may file a motion to reopen in accordance with 8 C.F.R. 103.5. Furthermore, this decision is without prejudice to future applications filed with appropriate USCIS office."

1. What would 'a motion to reopen' do? if we lose, what else could we do? Any higher court to seek fairness?
2. Is it doable for my daughter to do COS from EAD to H-1B (I read somewhere one cannot do "from EAD to H-1B" because EAD is not a status)
3. Any other options/suggestions?

I did her I-485 application when she was 18 year old ... I was not an USC at the time when her case was adjudicated because her online case status remained as "Card Production Ordered" from 10/25/2007 to at least 10/17/2008.... due to the fact that her fingerprints were not readable by INS machine so that the card was never made. very very desperately look for answers/solutions for my daughter...

Waiting for your answers - Many many thanks in advance for your help !!!

a desperate mother
(I posted this to "I-485 Issues" discussion board and did not get any response... thought i should try this discussion board.... thanks!)
 
lianlian said:
a desperate mother
(I posted this to "I-485 Issues" discussion board and did not get any response... thought i should try this discussion board.... thanks!)
Click to expand...
It has been less than 8 hours since you posted this in the I-485 issues section. I don't think you'll get a better response here by posting in somebody else's thread about your case which is very different from the one in this thread. Have patience and somebody will respond there. And please make another post in that thread with the exact wording of the denial reason (with names and other private information removed, of course); the end of the letter is not very helpful.
 
Jeffliu, When was your green card approved and theu which service center. Did u have your intrerview after gc revoked or are u still waiting for interview.
Strange USCIS. They do not know what they are doing.
 
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