Serious And Unsual Green Card Asked To Surrender By Ado

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bunnybugs

Registered Users (C)
I have been looking up on multiple threads and forums about what i am writing but with no success. If anyone has experienced anything similar let me know.

I applied for change of status i-485 based on my wife who is a US citizen.

1. Application date April 15th 2005.
2. Received application received notice April 17th 2005
3. Biometrics completed April 18th 2005
4. Received interview notice, EAD, Travel permit on June 7th 2005
5. Interview on Feb 15th 2006 in NYC, Federal Plaza bldg.
6. Approved for green card, ADO stamped passport for temporary I-551 and mentioned i will get my physical card in 4 weeks.
7. After 8 weeks i had to write to the congressmen as i did not receive the card.
8. 9 th week after interview date (April 23rd 2006 received the physical Card), Welcome notice.

Now starts the fun part..........read carefully........
9. I travel to Switzerland and come back to US
10. I travel multiple times to Canada and come back.
11. In Dec 2006 i get a letter saying from USCIS saying if i aven't received my card i need to apply for I-90
12. I disregard the notice as i have the card in my hand.
13. On August 1st 2007 i get a very unofficial looking letter, its actually a regular computer printout with my Alien # hand written and i have been asked to meet with ADO in NYC district office at Federal plaza in regards to official matter. Letter does not mention anything.
14. I go on August 10th 2007 i.e, today at 10 am to federal plaza NYC...(i am leaving in NJ currently but when i had initially applied i was in NY) and i happen to meet the same ADO officer who took my interview.
He says i need to surrender my green card as my actual approval date is August 1st and the reason is my name check just got cleared.
I start wondering what the heck... how did i get the approval in the first place and the card....no idea.
He makes me sign a paper takes my card and then i tell him now what do i do. I have to travel out of the country in 2 weeks. SO he send me for biometrics right away and has given me an appointment for August 22nd. He said he will make sure i get my new card with the new approval and expire date by then so i will have no trouble travelling.

:eek: :confused:
 
I think this issue-- CIS asking to surrender,is unheard of atleast in these forums and may be some lawyers may be knowing some cases like this.
The issue seems - may be the GC was issued before the receipt of name check clearence (similar to an adminstrative error) and their action to surrender (similar to 'rescinding'by CIS under an adminstartive procedure)!
Not sure but akin to..the above.
But as per ADO,your name check was cleared and since your FP is expired, hence you were asked to go for new FP to facilitate issue the new card?
You may get a new card but all this hassle...
 
I think you are right...but now i will have to wait till August 22nd and see what happens.
The ADO seems to be nice. I told him i need to travel out of the country in 2 weeks and he quickly looked to check if he can postpone this whole thing till i get back but he could not so he asked me to get the FP done right away and gave me a letter so that is taken care of. In fact i was surprised that for 10 am appointment i was actually with the ADO at 10 am and at 10:30 i was done with all the process and he asked me to come back on Aug 22nd at 2pm.

He said he will make sure i can travel out of the country on Aug 23rd.

But a question on without the card in my hand and no new stamp in my passport what is my current status. I don't have any EAD which is valid...am i still legal and allowed to work...i asked the ADO and he said i am fine. Just don't leave the country till i see him again on Aug 22nd.
 
bunnybugs said:
I think you are right...but now i will have to wait till August 22nd and see what happens.
The ADO seems to be nice. I told him i need to travel out of the country in 2 weeks and he quickly looked to check if he can postpone this whole thing till i get back but he could not so he asked me to get the FP done right away and gave me a letter so that is taken care of. In fact i was surprised that for 10 am appointment i was actually with the ADO at 10 am and at 10:30 i was done with all the process and he asked me to come back on Aug 22nd at 2pm.

He said he will make sure i can travel out of the country on Aug 23rd.

But a question on without the card in my hand and no new stamp in my passport what is my current status. I don't have any EAD which is valid...am i still legal and allowed to work...i asked the ADO and he said i am fine. Just don't leave the country till i see him again on Aug 22nd.
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If 485 is already approved(and you recieved in mail) and not asked to 'return' or 'recall'l' and if GC is 'recalled'then it is trciky Q.
If 485 approval is not received and only stamp is in your PP
and if not cancelled .still it is trciky Q but you may be allowed to work on admin. gorunds if CIS considers .
As only NC might be clear by now and your case other wise approved, you may be still approved GC holder subject to.....
If all the above revoked or cancelled ,you will be on AOS(I do not know your process is AOS or CP) again and even if you work between you surreal approval to actual on 22nd,you can be on work for not more than 180 days(245K section)may apply.
Any ways since ADO is assuring you may be OK.
To know , deep legal implications (if you have time and money and more worried --for mental peace) you may go to a lawyer .
Otherwise go on with your routine and hope for the good.
 
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Bunnybugs you are fine. Don't worry too much about this, the Do told you are fine. Just continue going to work. dont talk too much about it, lay low. heheh and on August 22 go get a stamp on your passport, I bet thats what you are getting. Your current legal status is AOS, which is super fine :)
 
I have my I-485 approval notice. I also the letter which says card is ordered.
ADO did not mention anything about I-485 or anything being revoked. I asked him so do i have any problems and he said just make sure you don't go out of US before i see him again on August 22nd 2007.
He said my GC is approved and the only reason he has asked me to surrender is to get the new approval and expire date printed on the new card. He even said this will delay my filing for citizenship by 1 year. So instead of filing I-751 to remove conditions in Nov 2007 (90 days before the 2nd aniversary of approval) it will all be pushed by 1 year.

I think i should be fine as if there was any other problem ADO would have mentioned it to me. And i have copies of my Green Card that i initially got so worst case i can use that and wait till i get a corrected card....
My attorney has no clue how can an error like this happen 18 months after i got my card.
 
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bunnybugs said:
I have my I-845 approval notice. I also the letter which says card is ordered.
ADO did not mention anything
My attorney has no clue how can an error like this happen 18 months after i got my card.
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As I mentioned in my previous reply,May be that was apaproved with out all clearences? in an clerical error or oversight and which might have been
subsequently(and it is just a chance in routine audit check by some processor and hence they may be correcting(regularizing) the issue again.
(The above is only a theory on probabilty of CIS operation procedures and nobody knows for real(all 100%) except CIS it self .
However from your replies ,it seems you will have the new GC with out much problem but for CTZship your new apporval date(real all clearence date may be noted by CIS,for example) and hence he might have told you will be delayed by one year for applying CTZship.
The above is only a guess for what might have happened and post when you get new card with details.
 
i hope they give me the new card and not just an I-551 stamp in the passport. I am travelling out of the country passing through London on 24th Aug and without the physical card i need transit Visa in UK as i am changing airlines. I have already secured an appt with British Embassy for August 23rd. Aug 22nd is the D day.

Cannot believe still what has happened. It's just plain dumb.
:confused: :mad:
 
it seems very strange. The point is that since they took your GC away, and you are considered to have been in AOS status all this time and travelling back and forth without an advance parole - you have forfeited your AOS and you cannot adjust.

I would contact the immigration ombudsman, your congressman, your DO's supervisor, etc. IMHO, your adjudication officer can't approve your AOS and then take it away and approve it again.
 
LucyMO said:
it seems very strange. The point is that since they took your GC away, and you are considered to have been in AOS status all this time and travelling back and forth without an advance parole - you have forfeited your AOS and you cannot adjust.

I would contact the immigration ombudsman, your congressman, your DO's supervisor, etc. IMHO, your adjudication officer can't approve your AOS and then take it away and approve it again.
Click to expand...

Yes, it certainly raises some interesting legal issues, doesn't it? Someone did not think this through.
 
a very knowledgeable person told me you should get a good lawyer very quickly, because the problems with your AOS and travelling without AP could be quite serious. Revoking AOS approval has apparently happened before as well. He also noted that you will not have to remove conditions on your GC, since it will be unconditional (approved after two years of marriage).

http://www.murthy.com/news/n_app485.html

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=866104716
 
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If on August 22, you do not receive an approval, although I pray you do, you should retain a competent Attorney experienced in negotiating with the USCIS regarding errors made by the USCIS regarding the issuance of GC's, immediately.

Make sure to ask if they have actual experience of your situation.

Hopefully this would be resolved in your favor come August 22. Word of caution. DO NOT travel if you do not have a replacement GC in your hands or if your passport is not stamped.
 
All,
I was at the immigration office as asked by ADO today August 22nd. Got there at 1:15pm instead of 2pm. The officer called me in right away.
Introduced me to his supervisor which was unusual. He was all smiling and asked me if i am ready to surrender my green card again and they will give me a new one. I said ok. Then the supervisor asked if i had any attorney and i said no. He was like ok and then the ADO made me fill a form took my passport stamped it with 1 year and it's not the processed for I-551 stamp it is different. It says temp evidence of permanent resident authorized to work , travel etc.....
That took about 5 mins and i was out of the office by 1:30pm. My card should arrive in mail within 1 month according to the ADO. He has given me his contact in case i need to get in touch with him.....
I feel better now....

:) :D
 
bunnybugs said:
All,
I was at the immigration office as asked by ADO today August 22nd. Got there at 1:15pm instead of 2pm. The officer called me in right away.
Introduced me to his supervisor which was unusual. He was all smiling and asked me if i am ready to surrender my green card again and they will give me a new one. I said ok. Then the supervisor asked if i had any attorney and i said no. He was like ok and then the ADO made me fill a form took my passport stamped it with 1 year and it's not the processed for I-551 stamp it is different. It says temp evidence of permanent resident authorized to work , travel etc.....
That took about 5 mins and i was out of the office by 1:30pm. My card should arrive in mail within 1 month according to the ADO. He has given me his contact in case i need to get in touch with him.....
I feel better now....

:) :D
Click to expand...

Well congratulations.... to you,, i kept on checking to see if there was an update on your case.... good luck man and now you can sleep well. lol
 
bunnybugs said:
All,
I was at the immigration office as asked by ADO today August 22nd. Got there at 1:15pm instead of 2pm. The officer called me in right away.
Introduced me to his supervisor which was unusual. He was all smiling and asked me if i am ready to surrender my green card again and they will give me a new one. I said ok. Then the supervisor asked if i had any attorney and i said no. He was like ok and then the ADO made me fill a form took my passport stamped it with 1 year and it's not the processed for I-551 stamp it is different. It says temp evidence of permanent resident authorized to work , travel etc.....
That took about 5 mins and i was out of the office by 1:30pm. My card should arrive in mail within 1 month according to the ADO. He has given me his contact in case i need to get in touch with him.....
I feel better now....

:) :D
Click to expand...
Congrats.
As I presumed previously,mostly it may be 'admistrative' error in approving the GC earlier and hence seems 'rescinded' and may be that is the reason
the IOs are so much helpful.
Now you need to check card later when it arrives and find the 'PR from date'.
Mostly it will be of 'Now'.(if this is the case that proves it again but you lost the period of GC count from previous to actual approval for nat'ization.)
I think You need not much worry about what happened because there was
nothing wrong commited from your side ,now and previous travel out of country and return entries was on 'previously issued GC by CIS' and you have not misrepresented any thing to IO.That's it.
Go on with your life happily.
 
My green card when i receive it will expire on August 22nd 2008 so i need to file I-751 3 months prior to that.

But as of now today i even got my UK visa and tomorrow i am going on my vaccation all smiling and happy that i am done with the mess for now.

When i come back i will hopefully have my new card in the mail or if not i will call the ADO on his cell phone number that he has given me and check on where the card is?

:D :D
 
since your new GC has been approved after your second wedding anniversary, it should be unconditional, for 10 years. If it's not, you need to file a form I-90 (no fee for you) and point out their administrative error to the USCIS.
 
ADO asked my wedding date and then he looked up in his system and said i will only get conditional card. He said according to the approval in the system i missed it by couple of months.

I don't care anymore, i have learnt one thing not to care about process, about filing, no need for attorney to file for you. All this is just plain nonsense and there is more to all this.
The biggest shocker is the ADO said the reason he is asking me my weding date is because once the case is approved they have no records available. The file is shredded and the bunch of papers you see and your file which looks so fat is nothing but internal processing papers which can give us no information. He is like don't worry u are fine and if u have any issue call me.

Plus i live in NJ and all this happened in NY office so that gives an idea of how things work. My AR - 11 clearly states i am a NJ resident and he said thats ok. NJ or NY its just internal work load division. But there is nothing like they cannot work on a file for NJ resident in NY. But he said usually we don't and send it to NJ so less work for us in NY etc....

So chill all applicants...don't worry and don't get nervous i learnt it the hard way. Don't waste money on attorneys as everyone is here to make money and they just scare you more if they find out u can be scared.

:) :eek:
 
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