USCIS ssked to return Green Cards for correction - Has anyone faced similar situation?

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visa77

Registered Users (C)
Our GC was approved beginning of April and We received cards soon after that. Beginning of June, we received a letter from USCIS asking the cards to be returned since they made a mistake in the issuance of the cards. We then promptly returned and no communication after that from USCIS.

The case status now changed to the following:

Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending

I called up USCIS Nebraska office this morning and the IO there told me that there is no problem with the case approval itself but there are errors on the card and they are working on fixing them.

My case should have been approved in EB2. When I took a closer look at the GC card copy, the category indicates that it was approved in EB3. I am guessing this is the mistake.

The above case status makes it very confusing. When I asked about the online status, the IO said that sometimes when they get thecard back they have to re-open the case and process it for corrections and not to worry about it.

Has anyone faced similar situation? Thanks in advance.
 
This is a very strange situation and I am hearing it for the first time..Hope you get the corrected cards soon....
 
Quick Update:

Around July 3rd we received acknowledgement letters (for me and my spouse) saying that they received the cards.

However, the letters also explained that they approved the cases by mistake when there were no Visa numbers available for EB-3 category and we will have to wait till october and as soon as the visa numbers are available the cards will be re-issued.

In fact, they approved incorrectly in Eb-3 category. They should have approved in EB-2 category. So I drafted a leeter and posted it back to the address from where the acknowledgement letters arrived. Also, I called up Nebraska Service center this Monday. A nice immigration officer listened to the whole thing snad she said that she would get back to me by this Frinday (today) and she also asked me to give a call back if I didn't hear anything from them. I called them back this morning and fortunately I got the same immigration officer. She told me that she talled to the case adjudication officer and she was informed me that even with Eb-2 category no Visa numbers were available for my priority date (using the oldest priority date). THIS IS ABSOLUTELY wrong. So the immigration officer took a look at the bulletin for the month of April 2009 (upon my request) and decided that the case adjudication officer was wrong and told me that was sending an email to her with the April 2009 bulletin details and asked me to check back next week.

In the mean time, On July 3rd I went to a filed office. There they said that they incorrectly approved in EB-3 where as it should have been in EB-2 and my Permanent resident status is still valid and gave me I-551 stamp in passport for six months.

God willing, this will all be cleared soon.
 
You should not have given up your card without receiving a written explanation of why it was issued in error and you agreed with the explanation. Now that you don't have the card it could take years of waiting and thousands of dollars of lawyer fees to get it back.
 
I was under the impression that it was illegal not to return when they asked to return the cards
 
visa77 said:
I was under the impression that it was illegal not to return when they asked to return the cards
Click to expand...
If they send you a court order to return the cards, you have to return them. Otherwise, you have the right to challenge them and hold on to your cards until they either get a judge to officially rescind your green card or they send ICE cops after you to take it back. They are supposed to follow an official rescission process to revoke your card; if they just say "oops, we made a mistake, give back the card" you are not required to return it.
 
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I checked back with USCIS earlier this week and the guy who answered refused to listen to me and did not give any info. I called again today. The immigration Officer who picked up the phone went and consulted with the officer who answered last week and came back with this response:

Visa numbers will be available during August for my case (using priority date from eb-3 I-140 and using EB-2 category from the second I-140) and they will re-issue the cards then.
 
Jackolantern said:
hold on to your cards until they either get a judge to officially rescind your green card or they send ICE cops after you to take it back. They are supposed to follow an official rescission process to revoke your card; if they just say "oops, we made a mistake, give back the card" you are not required to return it.
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Not true.
as per INA and CIS regulations--
CIS can recsind green card with in 5 years of isusuance citing just--
'admnistrative error'.Card Returning or not is OPs option but recission is CIS prerogative.
Court or judge are mandatorily required only for recisnding' Naturalization' when underlying GC is legal but to revoke citzenship only.
Section 246 INA Rescission of adjustment of status; effect upon naturalized citizen [8 USC 1256]
 
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Thanks be to God. Our cases are now approved again. Status changed to Card Production Ordered.

In the mean time lawyers contacted USCIS notifying to use EB2 category and old priority date. Got an FP notice early last week for FP on last Friday.
 
newapplicant said:
Not true.
as per INA and CIS regulations--
CIS can recsind green card with in 5 years of isusuance citing just--
'admnistrative error'.
Click to expand...
They have the power to rescind the green card, but they still have to follow the proper rescission process. They can't just do "oops, we made a mistake" and rescind the card without following the right procedures.
 
Congrats on the re-approval. Good thing you didn't have to fight an expensive legal battle or wait an excessively long time to get it.
 
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