Will green card be revoked?

L

luk12

Registered Users (C)
I have been through a lot during I-485 processing. With all the help from this forum in the past a few months, finally my case got approved on 7/30/03. Right now I am waiting for the plastic card and still have fears and worries.

My spouse (the primary applicant) passed away while our I485 cases were pending. I didn't inform INS about his death. In April, 2003, his case got approved without RFE, 2nd FP, interview, which was the stuff I had been worried about a lot. Mine was approved in july after a RFE about name change and second FP. Right now I am not sure if lack of the primary's stamping will interfere with my plastic card processing. Secondly, I am going to bring the cremains back to home during this coming Christmas. I guess it will be found out by INS when I pass the US custom. Maybe in some other ways, INS will find out the death sooner or later.

My questions are: will INS stop processing my plastic card because the primary's stamping never shows up in the file?
Will INS revoke my green card after they find out the primary applicant's death and trace back and get to know that primary's death happened before the case got approved?

Life in a foreign country is so painful sometimes, especially with the tragedy happened to my other half. I like to hear your opinions about my situation. Thank you in advance. My friend once told me that INS are not smart enough to figure out my case, which conforts me. But I know that the chance for that maybe very rare.

RD: 11/23/01
ND:12/12/01
FP: 1/24/02
RFE for name change: 4/24/03
2nd FP: 6/30/03
PP stamped: 8/4/03
Plastic card:?

Primary applicant approved on 4/16/03 without RFE and 2nd FP.
 
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My questions are: will INS stop processing my plastic card because the primary's stamping never shows up in the file?
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Most probably, NO.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
I am really sorry to hear about your situation. may god give you strength. Once you get your green card, it is difficult for them to deny it. However I would consult an immigration lawyer about this. Send a note to Rajiv/Shiela Murthy and see what they say.
I had a French friend whose son had sponsored his green card. Unfortunately his son died in an accident prior to his getting approved. He was denied the card, in spite of approaching the senators etc. His wife used to work for the United nations.
In your case your card is approved so that should not be a issue.
 
Originally posted by luk12
I have been through a lot during I-485 processing. With all the help from this forum in the past a few months, finally my case got approved on 7/30/03. Right now I am waiting for the plastice card and still have fears and worries.

My spouse (the primary applicant) passed away while our I485 cases were pending. I didn't inform INS about his death. In April, 2003, his case got approved without RFE, 2nd FP, interview, which was the stuff I had been worried about a lot. Mine was approved in july after a RFE about name change and second FP. Right now I am not sure if lack of the primary's stamping will interfere with my plastic card processing. Secondly, I am going to bring the cremains back to home during this coming Christmas. I guess it will be found out by INS when I pass the US custom. Maybe in some other ways, INS will find out the death sooner or later.

My questions are: will INS stop processing my plastic card because the primary's stamping never shows up in the file?
Will INS revoke my green card after they find out the primary applicant's death and trace back and get to know that primary's death happened before the case got approved?

Life in a foreign country is so painful sometimes, especially with the tragedy happened to my other half. I like to hear your opinions about my situation. Thank you in advance. My friend once told me that INS are not smart enough to figure out my case, which conforts me. But I know that the chance for that maybe very rare.

RD: 11/23/01
ND:12/12/01
FP: 1/24/02
RFE for name change: 4/24/03
2nd FP: 6/30/03
PP stamped: 8/4/03
Plastic card:?

Primary applicant approved on 4/16/03 without RFE and 2nd FP.
Click to expand...

I would say the best thing is consult a lawyer. In any case keep up your spirits. one of our requests in the petition to Congress tries to deal with this..
 
Really sorry about the sad events. But unfortunately you should inform the INS about this. Technically it is confusing, whether if the primary applicant is passed away, what will happen to the dependents' I485 status. I have read that if the death happened before the approval, the application can be invalid but you can move the petition to INS. But this part you should talk to immigration attorney.

Reg. INS smartness: Yes, they were "smart" in goofing up lot of cases, but if they find out any fraud, they will be ruthless to cover up their mistakes. I respect your friend, but the comments is not going to solve your problem. My friendly suggestion would be don't take anything granted.

Anyway, to get out of this predicament, please contact a competent immigration attorney and talk to him/her. Solving the problem when it is small will give you peace in the long run. I wish you all the best.

Raj
 
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I'm sorry for your loss.

So far everything works for you. So keep it that way!

This is now becoming an issue of risk control
BCIS has almost no chance to find this out. Exposing this voluntarily may jeopardize the plastic and draw unwanted risk.

But do seek opinions from lawyer with SIMILAR case experience. Get prepared.

I wish you can get your green card soon.
 
First of all, i wish you good luck . It is really very difficult to determine the procedures of BCIS with respect to issuing the plastic card. Your friend is correct that INS is not smart, but we don't know if it is still true with BCIS . You definitely need to consult a GOOD lawyer. A bad lawyer can be counter productive. So please don't look at Lawyer fee when you select a lawer for consultation. Look for some one with a large practice. I know that Rajiv Khanna had a very large number of clients. So do Sheila Murthy. Also try to give a call to Keshab in NY (www.greencardmaker.com) . user 'Pachha' has recommended him.

And here is my personal opinion (which might be totally wrongdue to the complexity of this issue):
If you inform BCIS about your husbands death, the probability of revoking your GC will be high (they have to follow the procedures). So it might be better if you wait patiently for the plastic card. Some day, BCIS has to do something on your case, right ? You better wait till you hear a decision from them rather than putting your head in the lion's cage. There is a possibility that you may not hear anything from BCIS even for 1 year (the time your I751 stamp expires). What will you do then ? That's why you better consult a lawyer. I have a feeling that you will overcome this issue also (like the way you overcome other obstacles before).
 
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Originally posted by luk12
Maybe in some other ways, INS will find out the death sooner or later.
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luk12 - I tend to agree with dsatish. Your husbands files at the credit bureaus would have been flagged by now (it is a fraud prevention technique). Also the Patriot Act makes BCIS cross check more of these databases so unfortunately you are likely to get some kind of notice from them soon. Please talk to a good lawyer for your options.
 
Sorry to know this. May god give you strength to cope with this situtation.

Yeah, me too, I liked Dsatish advice. You should consult very good lawyer. I wish everything goes well.
 
Hopefully your plastic card will come soon, since your case was approved in July. Do not inform the BCIS.

Just wait and see, miracles do happen especially with your husband's guidance and blessings from above..... He will protect you and give you peace......
 
Thanks for all the advice and opinions you put up here. They are all helpful for me in different days. First of all, I am not sure if I can get the plastic card. Second of all, I am not sure if the green card will be revoked even after I get it. So I decide to consult a good lawyer like you suggested and see what they can do for me and what my choices are. I feel like things are very tricky on my case. Yeah, if I inform INS about the death, they definitly will revoke my green card. Will the time frame make difference on my case, like INS find out the primary applicant's death before my plastic card and after my plastic card got approved?

Thanks again! I wish all the questions I am asking here get cleared someday.
 
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Hi, luk12,

I believe you have the right to get a green card.
Only if the BCIS processed I-485 of you and your spouse within reasonable time, there should be no problem.
The I-485 processing delay is not your fault but the BCIS' fault, and the U.S. government's fault.
At first, you should believe it.

Recently, I was involved by a car accident.
My car was scrapped to the total loss, and I might have been almost killed.
Thinking about my dependents, two college students and my wife, sometimes I can not sleep very well.
They have no place to return and no relatives to rely on,
so they would have to stay in the States even illegally if something would happen to me before getting approved.

Fortunately, I am still alive.
But, very sorry to hear your tragedy.
Please believe yourself and your right.
It doesn't matter whether it is legal or illegal.
We can not give up our life and our right.
If somebody should be blamed,
it is not you but the U.S. government.
America must show Justice and Fairness.
 
Law is different from Sympathy.

If it is as per existing rules, then it will be conducted in that mannaer.

Ofcourse
loop holes in law and being shrewed are altogether different and turn them into advantage.

Meeting lawer may no help right now. What the lawer can do now can also be done later. You will be introducing one more unknown parameter in the process. Lawer can do exploitation.

Better stay quiet. Why should you inform BCIS and force them to look into law and interpretation.

Process of printing plastic cards may not involve re-checking. It may be simply based on your Approval Notice Copy. BCIS do not have time with new applications, so they do not dig the old cases, unless it is put before them by you or your lawer.

So cheers ! Enjoy and
Let us cross the bridge when we arrive !
 
What I wrote above is not a sympathy but a strategy to do something that is especially against law or authority.
We need to start believing.

By the way, even a stupid president believed that a war was right,
then a lot of money is being lost.
The government has no money to hire and to keep officers at service centers to adjudicate EB I-485 cases.
 
Luk12,

I think you should not have any problem to get the plastic card. Usually it takes 2-3 months after stamping if you are in NJ. The only time USCIS will look at your GC files again is when you apply for citizenship after 5 years. That's the only concern. I think you are safe other than that. Really sorry for your lost.
 
I consulted a few lawyers regarding to my green card issue. They almost have same opinions. They said that I should not get my GC if INS finds out the primary applicant's death before the case was approved. But now my case has been approved. INS normally won't look back the already approved cases. They said they doubted the chance for INS revoking my GC. But if INS find any fraud in the case, they will take away the GC. But in my case, it is not a fraud. It is hard to say how is going to be turned out. The most important advice I got from lawyers is that just let it be and don't worry much. There is really nothing I or the lawyers can do at this point. Regarding to the plastic card, they said that there should be no problems because it is only based on the approval notice, nothing else.

I am getting close to finish my Ph.D. If something happened, I can apply for GC by myself under the category of EB1 outstanding or EB2 National interest waiver. Thinking about that way, I feel better.
 
But in my case, it is not a fraud.
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Being a secondary applicant/derivative beneficiary, you are probably right.


I am getting close to finish my Ph.D. If something happened, I can apply for GC by myself under the category of EB1 outstanding or EB2 National interest waiver. Thinking about that way, I feel better.
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No, greencard holders can't apply. I guess you have bright future after Ph D anyway. Try to forget the rest and move on with GC...

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
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Thanks!
What I meant is that I can apply for H1 visa first and start my GC application from there if my GC has been revoked.
 
What I meant is that I can apply for H1 visa first and start my GC application from there if my GC has been revoked.
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Theoretically, yes; though in your case O-1 visa would be better as there are no numerical quotas and EB-1/NIW would be easier for O-1 holders.

Best wishes,

Jigesh


Disclaimer: Personal non-legal point of view only.
 
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