I-90 Green Card Replacement & Biometrics

So, will they provide me with an i-94 form at the infoPass appt? I was searching online for the form and could not find a direct match.

I will ask them for this form at the appt and also discuss my dad's naturalization to see if I somehow qualify. I have a copy of my dad's naturalization that says it's illegal to make a photocopy of. I guess I need to obtain the original to show it to them.
 
geomark said:
So, will they provide me with an i-94 form at the infoPass appt? I was searching online for the form and could not find a direct match.
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You'll have to get it from them at the Infopass or biometrics. It is only available at the airport or at immigration offices.
I will ask them for this form at the appt and also discuss my dad's naturalization to see if I somehow qualify. I have a copy of my dad's naturalization that says it's illegal to make a photocopy of. I guess I need to obtain the original to show it to them.
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No need to bring his certificate or a copy. You are not going to apply on the spot, you are only going to discuss "what if". Just provide a list of relevant dates and facts -- what date did he naturalize, your date of birth, was he married at the time, did he have full legal custody of you if he was not married back then.

So, was he a single parent at the time of his naturalization, with full custody of you? Or did both of your parents naturalize before you were 18? If yes to either question, you should be applying for a US passport instead of a new green card.
 
One more thing: At the Infopass or biometrics, don't mention the possibility of deriving citizenship from your father until AFTER they have given you the sticker for your green card or a stamped I-94. Otherwise they might say they won't give it to you because it seems you are already a citizen.
 
No, unfortunately only one parent naturalized. My mother still had her GC.

I did find this link to the I-94: www<dot>uscis.gov/propub/DocView/afmid/dat/I_94.PDF

Is this the correct form or should I just ask for it at the appointment?
 
Jackolantern said:
One more thing: At the Infopass or biometrics, don't mention the possibility of deriving citizenship from your father until AFTER they have given you the sticker for your green card or a stamped I-94. Otherwise they might say they won't give it to you because it seems you are already a citizen.
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Wow. I probably won't even mention it in that case. I'd hate for them to give me the sticker then take it away. That's the way it seems it's been going lately. I will only bring it up if they don't give me the sticker or I'll just make another appt there.

Is there another part to the law that was passed that I don't know about? The facts are that only 1 parent naturalized while they both had legal custody of me before I was 18 and I was over 18 at the time the law passed so I don't know if I'm missing anything about this. Is there anyway I could be a citized if only 1 parent naturalized?
 
Under the old rule before Feb 2001, if only one parent naturalized, the naturalized parent would have to be widowed or divorced or separated from the noncitizen parent, and have sole custody. So it appears that you do not qualify under the old rule, as your parents were still together or had shared custody.
 
I think I need some final advice on the attorney situation. If possible, I would like to get the charges vacated before they do the background check. I know this is going to be difficult because immigration laws look at cases differently. I know I am going to have to get this vacated AS IT RELATES TO IMMIGRATION as opposed to just vacated or expunged. I have found an attorney who does mainly criminal cases and is willing to take the case on but I am not sure if I should proceed now or just wait. Maybe they won't even say anything about it. Now keep in mind that I KNOW i have a deportable offense but I have a very good chance at getting it vacated or even if it gets to it having a judge allow me to stay.

So I am not sure if I should proceed now with the vacating process or wait and if they hold me over, proceed at that time. I'm hoping for the best, it's day by day at this point.
 
Well, I just wanted to update this.

After I filed my I-90 online, I received an email stating that their process has changed and now we need to resubmit by mail.

Anyone know how long this process can be 'stalled'? Is there a time limit of how long it will stay in their system? I am trying to clear my conviction before I continue with this process.
 
You already got the I-90 printable receipt, right? Ignore that email and take the receipt to an Infopass appointment and ask for the stamped I-94 or sticker on the card.

When you get the biometrics notice, it has an instruction telling you what to do for a reschedule. You can't pick when it will be rescheduled, you can only send it in and they will reschedule when they feel like it, anywhere from 1 month to more than 6 months in the future. You can reschedule a second time, but I don't think they will accept a third request.
 
Here is what the email I received states:

Dear USCIS e-Filing I-90 Applicant,

Our records show that you recently submitted to USCIS a form I-90, Application to Replace Permanent Resident Card, using the USCIS e-Filing System. USCIS has recently changed its process for the submission of I-90 supporting documentation.

In order to follow the most recent USCIS process, please mail all initial evidence and supporting documentation for your I-90 application to the following address:

National Benefits Center
Attn: E-filed I-90 Application
P O Box 648012
Lee's Summit, MO 64002

If you have not done so already, please submit all supporting documentation as soon as possible to prevent delays in processing your application. Attach a copy of your e-Filing I-90 Confirmation Receipt as a cover page for the supporting documentation you are submitting.

You will receive a notice to appear at an Application Support Center to have your biometrics taken, if your name has changed since the issuance of your Permanent Resident Card, then you must bring evidence to support the name change (e.g., birth certificate, marriage certificate, applicable court document, etc.) at the time of your appointment.

Please note that this change in process only affects your e-Filed I-90 application. If you have any other applications or petitions submitted to USCIS, please follow the instructions specific to the application or petition. These instructions are also available on the USCIS website, located at http://www.uscis.gov (select "Electronic Filing", then "Form-Specific E-Filing Instructions", and then select the applicable form).

Thank you,
e-Filing Support Team



So, for anyone that eFiled, you may be getting this notice. My question was what happens if I don't mail in the documents? How long before they 'cancel' my application? I'm just trying to delay this process until I get things taken care of.

As far as the DMV/License situation; I plan on doing what you mentioned. Going in and just asking for a I-94 stamped with an I-551. I'm also taking in some passport photos just in case. My hopes are they know what to give me. I'm sure this situation has come up before....or you would think so.
 
geomark said:
So, for anyone that eFiled, you may be getting this notice. My question was what happens if I don't mail in the documents? How long before they 'cancel' my application?
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I don't know. But you surely don't want to send in the old card before you at least get an I-551 stamp.
As far as the DMV/License situation; I plan on doing what you mentioned. Going in and just asking for a I-94 stamped with an I-551. I'm also taking in some passport photos just in case. My hopes are they know what to give me. I'm sure this situation has come up before....or you would think so.
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Will the consulate of your country give you a passport? If yes, that's another thing you should be doing, as USCIS may be unwilling to give you a stamped I-94, or the DMV may decide not to accept the stamped I-94 without a passport. Meanwhile, try another DMV office with your existing card! People who've run into a similar problem managed to get their license renewed by visiting 4 or 5 different offices.
 
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