Green card approved in error !!!!

Q

quickgcreq

Registered Users (C)
Hi Gurus,
I need everyone's help in this matter. My priority date is June 2001 and I am from India EB3. My green card was filed in March 2005 approved on 11/06/07 and I received the physical card soon. Now my lawyer(a reputed corporate immigration firm as far as I know) is informing me that they got a call from immigration officer that my green card was approved in error(no physical proof known to me). So my lawyer is asking me to send the physical card back to the lawyer and says that they will file a MTR to reinstate my status back to pending AOS by draining some more money out of me. They also mentioned that the oficer is cooperative and is willing to approve my EAD and advance parole if I am behind on those. My online status still shows an approved status. Couldn't talk to TSC yet where my case was pending to confirm about this approval in error.
My question is
1) Is it legal for USCIS to revoke a green card after it has been approved ? My lawyer says it is ??
2) Should I be sending my physical card to my lawyer with no proof about this approval in error ?
3) Is the officer right in talking to my attorney or is he trying to cover some of his mistakes and my attorney is with him in this ?

Please let me know any other options I have to prevent my green card from being revoked.

India EB3
June 2001
Approved 11/06/07
 
If your GC was approved in error, they can correct that error and revoke your GC. You should definitively co-operate with USCIS and stay on their good side. They will approve your case once your PD is current. In the meantime they will help you out with your AP and EAD.
 
Are you paying the lawyer, or your employer? If you are not personally paying the lawyer, don't trust what they say. Either way, you should get the proof seen/heard by your own eyes or ears directly from USCIS before sending back the card. But don't use the card yet for anything.

Judging by the priority dates, it probably was approved in error. But there is still a small possibility that you could have been given a visa number back in July/August, then your case file sat on somebody's desk under a pile of other stuff and got ignored for months.
 
quickgcreq said:
Hi Gurus,
I need everyone's help in this matter. My priority date is June 2001 and I am from India EB3. My green card was filed in March 2005 approved on 11/06/07 and I received the physical card soon. Now my lawyer(a reputed corporate immigration firm as far as I know) is informing me that they got a call from immigration officer that my green card was approved in error(no physical proof known to me). So my lawyer is asking me to send the physical card back to the lawyer and says that they will file a MTR to reinstate my status back to pending AOS by draining some more money out of me. They also mentioned that the oficer is cooperative and is willing to approve my EAD and advance parole if I am behind on those. My online status still shows an approved status. Couldn't talk to TSC yet where my case was pending to confirm about this approval in error.
My question is
1) Is it legal for USCIS to revoke a green card after it has been approved ? My lawyer says it is ??
2) Should I be sending my physical card to my lawyer with no proof about this approval in error ?
3) Is the officer right in talking to my attorney or is he trying to cover some of his mistakes and my attorney is with him in this ?

Please let me know any other options I have to prevent my green card from being revoked.

India EB3
June 2001
Approved 11/06/07
Click to expand...

Please call USCIS and talk to them since the card was mailed to you, it is better you take the initiative. Hope for the best.
 
Infopass

[/B]
quickgcreq said:
Hi Gurus,
I need everyone's help in this matter. My priority date is June 2001 and I am from India EB3. My green card was filed in March 2005 approved on 11/06/07 and I received the physical card soon. Now my lawyer(a reputed corporate immigration firm as far as I know) is informing me that they got a call from immigration officer that my green card was approved in error(no physical proof known to me). So my lawyer is asking me to send the physical card back to the lawyer and says that they will file a MTR to reinstate my status back to pending AOS by draining some more money out of me. They also mentioned that the oficer is cooperative and is willing to approve my EAD and advance parole if I am behind on those. My online status still shows an approved status. Couldn't talk to TSC yet where my case was pending to confirm about this approval in error.
My question is
1) Is it legal for USCIS to revoke a green card after it has been approved ? My lawyer says it is ??
2) Should I be sending my physical card to my lawyer with no proof about this approval in error ?
3) Is the officer right in talking to my attorney or is he trying to cover some of his mistakes and my attorney is with him in this ?

Please let me know any other options I have to prevent my green card from being revoked.

India EB3
June 2001
Approved 11/06/07
Click to expand...

Infopass

Get the facts personally, before giving away GC.
 
I will not return my GC unless i get something in the paper. Talk to your Lawer and ask him to send some kind of proof or any letters from USCIS saying to return the GC. GC is not something that could be surrendered with just a anonymous phone call. You know how hard and the procedures behind to get the GC and no one can take it away from you just like that unless it is in papers.

Consult some immigration lawers like Rajiv Khanna or Sheela murthy. Eventhough you spend few hundreds here, you can have a backup by these lawers if you need to have the MTR.
 
Schedule an Infopass

Go on the USCIS webside schedule an Infopass appointment take your card with you and discuss that with the officer b4 sending it back to the lawyer. You have to do this as soon as possible, don't waste too much time if it's true that this is an error, hopefully it's not an error.

Good luck
 
IF USCIS does error... they should send written statement to Laywer....

Evey thing should be in writing... I dont trust Lawer.... some thing is fishy here....

Talk to USCIS directly....
 
Dont send your card back to them

See, USCIS will not call anybody and talk about these errors. This looks like these people are tricking on you. If at all USCIS issued it in error then they will send you the letter directly to your address where the card has been delivered. Its 110% bshtting.......
Better talk to some other attorney just matter of 100 or 200 bucks but it is worth instead of calling USICIS and make a mess around it.

myitneeds said:
IF USCIS does error... they should send written statement to Laywer....

Evey thing should be in writing... I dont trust Lawer.... some thing is fishy here....

Talk to USCIS directly....
Click to expand...
 
quickgcreq said:
Hi Gurus,
I need everyone's help in this matter. My priority date is June 2001 and I am from India EB3. My green card was filed in March 2005 approved on 11/06/07 and I received the physical card soon. Now my lawyer(a reputed corporate immigration firm as far as I know) is informing me that they got a call from immigration officer that my green card was approved in error(no physical proof known to me). So my lawyer is asking me to send the physical card back to the lawyer and says that they will file a MTR to reinstate my status back to pending AOS by draining some more money out of me. They also mentioned that the oficer is cooperative and is willing to approve my EAD and advance parole if I am behind on those. My online status still shows an approved status. Couldn't talk to TSC yet where my case was pending to confirm about this approval in error.
My question is
1) Is it legal for USCIS to revoke a green card after it has been approved ? My lawyer says it is ??
2) Should I be sending my physical card to my lawyer with no proof about this approval in error ?
3) Is the officer right in talking to my attorney or is he trying to cover some of his mistakes and my attorney is with him in this ?

Please let me know any other options I have to prevent my green card from being revoked.

India EB3
June 2001
Approved 11/06/07
Click to expand...

Hi quickgc,

Look back the visa bulletin. Around June/July 2007 all categories became current for India. YOu filed your 485 in March 2005. Your PD is 2001 and you became current for a month. During that time most likely your case would have been ready and got approved (assuming that your name check would have got cleared by then). If I am in your situation I will call the service center and ask about the case. take infopass and talk to the immigraiton officer.

Good luck
 
madgu-gc2005 said:
Hi quickgc,

Look back the visa bulletin. Around June/July 2007 all categories became current for India. YOu filed your 485 in March 2005. Your PD is 2001 and you became current for a month. During that time most likely your case would have been ready and got approved (assuming that your name check would have got cleared by then). If I am in your situation I will call the service center and ask about the case. take infopass and talk to the immigraiton officer.

Good luck
Click to expand...

If it was approved in that month(July2007), then they would have send the letter in that month and not in November when the PD is not current for June 2001 EB3. That is a service error.

IO was right in talking to your attorney as long as he/she is your attorney. There was a case in murthy forum where in Sheela Murthy took the initiative to inform INS of their mistake.
 
HI June,

One of my friend who filed EB-2 NIW in sep 2005 and he became current in July 2007. He got his green card in sep. 2007. when he got his green card his pd was not current. How is it possible then? anything and everything is possible with USCIS.
 
madgu-gc2005 said:
HI June,

One of my friend who filed EB-2 NIW in sep 2005 and he became current in July 2007. He got his green card in sep. 2007. when he got his green card his pd was not current. How is it possible then? anything and everything is possible with USCIS.
Click to expand...

July visa bulletin was made available till Aug 17. So it is likely that your friend got his GC in Sept. But in October new govt fiscal year started and it is very unlikely that a non current PD getting approval from a prior year's visa number.
 
1. USCIS does make phone calls. If they issued a green card in error, you bet they will call. However, they must also send a written notice to you and/or your lawyer.

2. If USCIS revokes the card, it becomes invalid regardless of whether you return it or not.

3. I honestly don't believe an attorney, even a stupid one, would play a trick on this one because it is so easy to find out.

4. It was well documented that USCIS assigned visa numbers to some cases when they were current but approved them shortly after. But it is a bit unusual if it is a few months.

5. As others said, make an infopass or call SC directly and get the facts first. If it was indeed an error and UCSIC found out about it, talking to another attorney is probably a waste of money. What else could they do?
 
I have been through a similar situation. Read my posts on it "Unsual situation green card surrendered"
 
Hi All,
The reason I was given was the visa numbers were not available though the officer who approved my application thought they were. Also I am hearing from a USCIS customer service rep that there are 1000's of such cases. They were trying a blame game also saying something about the Dept. Of State that caused this error.
This is not a fake concern. Thanks for all your replies.I have been back and forth on this with my attorney and USCICS and was caught up in that. Looks like the attorney is getting something in writing although they have not yet let me see it yet. Will keep you posted on how it goes.

Thanks,
Quickgcreq
 
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