Moved abroad and received greencard with wrong info

E

eski

Registered Users (C)
The situation is getting more and more complicated. Anybody can help?

After about one year's waiting, I finally received my greencard,right after I left US with my husband (he is a USC) on an oversea assignment. But it has my place of birth wrong.

I researched and found out I need to file an I-90 to replace the card and I-131 for reentry permit. Both forms stated: I need to be physically in the States. So I bought tickets to the States next week to file both forms. Then here comes the problems:

1. I thought I don't need a biometric to replace the card since they already took it when I filed I-485. But then someone told me the opposite. Do I need a biometric appointment for filing I-90 with reason: USCIS administrative error? If I do, how long would it take for the biometric appointment letter to come? and can I leave the States before the biometric? I bought tickets only to stay a few days.

2. Now for the reentry permit, when I checked, it says :Departure from the United States before a decision does not affect the application. But I just got to know that they changed the procedure early March and now requires a biometrics appt. http://www.uscis.gov/files/article/i-131_biometrics_uscisupdate_03052008.pdf

and now it states:
However, where biometric collection is required and the applicant
departs the United States before the biometrics are collected, the application may be denied.

What should I do? I can't just stay in US waiting indefinitely for the arrival of the Biometric appt.


3. We'll remain to be abroad for a while because of my husband's job. If I just go back to the States to visit once a while, does that maintain my resident status? My husband is a USC and we do intend to settle in the States in a few years. Can I use that as a tie?

4. What's the consequences of having a greencard with wrong info.? will I be able to enter US with no problem? Anyone has any experiences?

Thank you very much for reading this long post, I am quite frustrated now. I bought my tickets already but now it seems like it's just a waste, since i won't have time to wait for the biometric appt. and if I file I-90, I won't even be able to return to the States for the Biometric appointment, since my greencard will be mailed in. and if I file I-131, and leave before the appt, the application would risk being denied.

Any insight will be greatly appreciated!
 
1 & 2 : You do need BIO for your application. You have to wait and do your BIO before leaving the country.
3. with a reentry permit which is valid two years, you should be fine. if you have lived for a year in the US after getting the CG, you should have qualify to file N-470 : Application to Preserve Residence for Naturalization Purposes and use your husband as a tie , in your case, you cant.
4. I dont know, I havent experienced it.

By the way, I did replace my GC in november 07, I got the fingerprint appointment a week after mailing the application and used my plane ticket to do fingerprint before the date on the appointment letter at USCIS local office.

I recommand you stay and take care of the problem once for all....I wish you good luck.
 
Last edited by a moderator:
Thanks to sunshineman and Jackolantern for your helpful reply. it sucks that i didn't know I needed biometric and already booked my tickets for only a few days in the States.
Although sunshineman, you are luck that you got the Biemetric appt. letter just in one week after you mailed your application. I read elsewhere in the forum that it took people a while to get any notice.

I am tired of this endless immigration trouble. I need to file application to remove my conditional status around June 2009, and that will involve another round of biometric appointment, plane tickets, endless waiting.

What do you think about giving up on this greencard thing overall and wait till when we return to the States and then restart everything from the beginning?

Anyone know any kind of visa I can get to travel to US? maybe a spouse visa or something like that but not a green card?

Thanks!
 
eski said:
Thanks!. My husband works for a NY-based law firm's European office, any idea if that qualifies for filing under Section 319(b)? Thanks.
Click to expand...
I don't know, as that is not as clear-cut as if he were working for the US government. Ask your husband to ask his firm; they are full of lawyers! As a multinational law firm, they might have some relevant experience navigating the immigration rules for an employee or client.
 
Hi Sunshineman, now I am planning to cancel my current ticket and buy another one to stay longer in the States to take care of it once for all. Can you share your experience with going to USCIS local office with a plane ticket for expedited process of biometrics? Which office did you go and what they say? I am wondering if I should get an open return ticket or just buy a ticket with departure date in 2 weeks, (assume I can get the appointment letter within two weeks), then I can use that ticket to get the biometrics done early. What do you think? Thanks a lot.

Also I've heard people have gone to get their passport stamped at local USCIS office so they can travel before receiving the new greencard, anyone please share your experience? Can I go before I mail out the greencard for correction? I am worried if it gets lost in the mail, then I'll have no means to travel. THanks!


sunshineman said:
1 & 2 : You do need BIO for your application. You have to wait and do your BIO before leaving the country.
3. with a reentry permit which is valid two years, you should be fine. if you have lived for a year in the US after getting the CG, you should have qualify to file N-470 : Application to Preserve Residence for Naturalization Purposes and use your husband as a tie , in your case, you cant.
4. I dont know, I havent experienced it.

By the way, I did replace my GC in november 07, I got the fingerprint appointment a week after mailing the application and used my plane ticket to do fingerprint before the date on the appointment letter at USCIS local office.

I recommand you stay and take care of the problem once for all....I wish you good luck.
Click to expand...
 
If you have moved abroad, then your green card can be revoked.
Remember, green card is given so that you can maintain your residence in the U.S.
If you don't live in the U.S. for an extended period of time (i.e. > 3 years), your card can
be revoked by any immigration officer, e.g. at an airport or other point of entry.
If doesn't matter if you plan to settle in the U.S in the future, what matters is that you have to be in the U.S. now.

P.S. I think that coming to a USCIS local office with a airplane ticket in hand is a bad idea.
 
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