REP Lost in US mail. Currently out of country- Please help guide next steps

R

rama2008

Registered Users (C)
Hi

I am presently a Green Card holder and have applied for REP (I -131) in June, 2007 to Nebraska Service Center.

Received application receipt with LIN number in July 07.

There is no update in online case status till date

Since current processing date moved to July, I called Service center and asked for status.USCIS Representative said that the travel document was mailed on february 10, 2008.... but I havent received the document. (had given friend's address in US and we are sure that it's not been delivered)

Please advice how to retrieve the travel document since its lost in the mail and also on how to get a copy of the same again. what are the next steps ?

Thanks for your help

Rama
 
They once lost my RTD. But, it was returned to them, which I found out months later. Ask them to check if something was returned to them and give them the LIN. Make sure you're clear about how important this is, and how many times you've called, etc., etc., and hopefully they can 'escalate' you and put you through to an IO. Hopefully he'll be able to help you better. Good luck.
 
To receive anything from the USCIS you have to be physically in US. You can not write other's address, this will not work (despite others may do it and work for them). The immigration is strict about that and if postal service know that you are not in the address for sure will not deliver. To call and negotiate with the USCIS from outside the country will be harsh. Return back and ask them to send it back or apply for new one.
 
The I-131 gives you the option of having the RTD sent to another address, so she is allowed to do it. Also, you have to be in the country to APPLY for the RTD, but you do not have to stay in the country in order to receive it.
 
3 related questions - pls share your views. Thank you very much for your inputs.

1) If I let my GC expire (REP already expired and replacement lost in mail) - what is the process to get visa/ GC based on my spouse's GC (he has 1 more year on his REP) ?


2) To apply for new REP, can I travel with the receipt of the REP Extension (it's been approved per USCIS agent, but document is lost in mail.) Will there be any issue at entry ?

3)Process for replacement REP seems to be to apply new REP - with the new fingerprinting requirements, how many days should I plan to visit US ?


We are seriously considering the options since we are planning to return to US in a year or so.
 
rama2008 said:
1) If I let my GC expire (REP already expired and replacement lost in mail) - what is the process to get visa/ GC based on my spouse's GC (he has 1 more year on his REP) ?
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You need your own RP and can't piggyback on your spouse's own.

2) To apply for new REP, can I travel with the receipt of the REP Extension (it's been approved per USCIS agent, but document is lost in mail.) Will there be any issue at entry ?
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You probably won't even be allowed to board the plane which is going to the US. If you can get on the flight, I expect they would let you in after you go to secondary inspection and present your case and they research your details. But that might also result in an appointment to see an immigration judge.

At this point, I think you should apply for a Returning Resident Visa at the US consulate in the country where you are staying. But if you apply for a new RP, have them send it to the consulate instead of mailing to your friend's US address.
 
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Jackolantern,
thx for your response. It has been less than 1 year since my last visit to the US (left US 20 Jun 07 after 3 months stay). Also, given that my REP status online still says pending , why would they not let me fly into the US ? I have the REP application receipt with me .....I am a PR paying taxes regularly as resident and been outside the country < 1 year...

pls let me know your opinion based on the above....

also, would you know how long I need to stay to reapply REP and get the biometrics done ?

Thanks

Rama
 
rama2008 said:
Jackolantern,
thx for your response. It has been less than 1 year since my last visit to the US (left US 20 Jun 07 after 3 months stay). Also, given that my REP status online still says pending , why would they not let me fly into the US ? I have the REP application receipt with me .....I am a PR paying taxes regularly as resident and been outside the country < 1 year...

pls let me know your opinion based on the above....

also, would you know how long I need to stay to reapply REP and get the biometrics done ?

Thanks

Rama
Click to expand...

You can return with your GC within 1 year, so you're oke. The receipt for the RP will also be helpful, so, if they should ask for something like that, you can show it to them, but don't show anything extra voluntarily.
 
rama2008 said:
Jackolantern,
thx for your response. It has been less than 1 year since my last visit to the US (left US 20 Jun 07 after 3 months stay). Also, given that my REP status online still says pending , why would they not let me fly into the US ? I have the REP application receipt with me .....I am a PR paying taxes regularly as resident and been outside the country < 1 year...
Click to expand...
If your GC is expired and you don't have a valid REP, you will have a very hard time convincing the airline to let you on the flight. But you may be able to get a Transportation Letter which should convince the airline. Normally those letters are only given for lost/stolen green cards, but they might give you one because of your situation with the lost REP.
 
Thank you for your responses ... The GC is not expired.

So looks like the only option is to travel back to the US and reapply the REP...and I have to wait for a month for FP before leaving US.

Is there any way to expedite the Finger Printing so I can make a shorter trip ?
 
rama2008 said:
Is there any way to expedite the Finger Printing so I can make a shorter trip ?
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If you have the fingerprint notice, you can walk into the office where they take fingerprints and ask if they'll take your prints on that day. But they don't have to accept you on a walk-in basis (and probably won't unless the place is practically empty), and the fingerprint notice is often only a week in advance of the appointment so it many not make much of a difference.
 
If you have a reason to ask for your application to be expedited, go ahead and file for an expedited RP with documentation and a letter. Follow the instructions they give you. You may get the notice and then the RP very quickly.
 
rama2008 said:
Jackolantern,
thx for your response. It has been less than 1 year since my last visit to the US (left US 20 Jun 07 after 3 months stay). Also, given that my REP status online still says pending , why would they not let me fly into the US ? I have the REP application receipt with me .....I am a PR paying taxes regularly as resident and been outside the country < 1 year...

pls let me know your opinion based on the above....

also, would you know how long I need to stay to reapply REP and get the biometrics done ?

Thanks

Rama
Click to expand...

Just an opinion. The issue is not to pay tax or not with GC (millions paying taxes and on non immigrant visa struggling to get GC). The point is to center your life in US (work, has family ...etc). Many people got the GC and immediately leave the country to work overseas and apply for REP and just want to keep the GC and accumulate the minimum time allowable to get the citizen. I do not think this work with USCIS and usually those kinds of applications will take longer time or may even be denied. If you have GC and center your life in US, will and good. If not, just think about it and do not waste your efforts jumping from here and there and finally get nothing.
 
mmed, I agree and we are planning to return for good and settle down... unfortunately there are other obligations that I cannot turn my back on. Hence this challenge.

Since I am not in a position to travel for 20-30 days now to re-apply for REP, I am thinking about applying for Returning Resident Visa (SB-1) in Dec 08 and traveling back to US in Apr 09. It's a risk and most forum posts advise on returning back to US if it's not yet 1 year since traveling out of US.

I can make a quick trip for few days, but am concerned if I will have any issues re-entering US in Apr 09 since this trip will be of short duration... Please advise if

1) it a better option to visit for few days now (before 1 year expires) and return back in Apr 09 with GC. My visits will be :
Jun 07 - travel out of US
Jun 08- re-enter with US for few days.
Apr 09 - return for good.

Could there be any issue at port of entry due to short duration of stay in Jun 08 ? Had I got the REP document in hand, it would have been valid till Jul 09 - unfortunately this is not the case and I am worried about possible issues at reentry.

2) Apply for returning resident visa at India consulate in Dec 08 and travel back in Apr 09... any advise/ inputs especially from people who've got the returning resident visa would be of great help.

Thanks as always.

Rama

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