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Did ICE / Homeland Security goof? Anyone else?


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Something really weird happened.

 

My wife passed her green card interview in Guangzhou, China on March 31, 2015. She was qualified to get the CR-1 on that date. Her immigrant visa is dated 3/31/2015.

 

We entered the United States, San Francisco, on June 23, 2015.

 

We were told when we entered the US that we had to file the I-751 90 days before the second anniversary of her entrance into the US. They attached a form to her passport that clearly says she entered the US on the June 23, that said the same thing. Her green card also says that. In other words, we would have to file the I-751 after March 25, 2017.

 

HOWEVER, on December 6, 2016. the Department of Homeland Security sent us a letter, saying, "Our records indicate that you entered the United States as a conditional permanent resident (CPR) on (3/31/2015). As provided by Section 216 of the Immigration and Nationality Act, you must file Form I-751, Petition to Remove Conditions on Residence, within the 90 days prior to the second anniversary of the date your were granted CPR status...."

 

Okay. So which date should we do? If we apply too early, that is a problem. If we file too late, that is a problem. To file between March 25 and March 31 is the safest, but because of other circumstances, not easy to do.

 

Anybody else experience this same problem?

 

If the one computer system of the Office of Homeland Security that says 3/31/2017 is the cutoff date, is the same one that would cancel her green card, we probably would have to find an immigration lawyer, right?

Edited by KevinNelson (see edit history)
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Look at her green card. You may file 90 days before the expiration.

 

If you want to play it safe, get an InfoPass appointment. Her green card won't be canceled. But even if you file "late" according to their computer, you shouldn't have a problem - you have all the documentation you need.

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90 days prior to the expire date on the green card, you will be attaching a photo copy of the card to the I-751 showing this.

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The card should say resident since 6/23/2015 and expire 6/23/2017. If it says resident since 3/31/2015 and/or expires 3/31/2017, the card is wrong and she should file an I-90 to replace it for free with the reason being USCIS error.

If the dates are off that way and the letter also is dated as such, I would simply file the I-751 within the 90 days prior to 3/31/17, and not file for a replacement, if USCIS detects an issue they will trigger an RFE and return the package requesting it sent later.

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They are pretty well documented as to date of entry and green card expiration, although an InfoPass appt. would certainly clear up any confusion

 

We were told when we entered the US that we had to file the I-751 90 days before the second anniversary of her entrance into the US. They attached a form to her passport that clearly says she entered theUS on the June 23, that said the same thing. Her green card also says that.

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  • 1 month later...

This same thing happened to us as well, KevinNelson. We entered the US in the middle of June 2015, her GC indicates the correct entry date and expiry date, the stamp in her passport indicates the correct entry date as well.

However, the USCIS notice reminding of the upcoming expiry of the conditional residency states that she entered the US in April 2015. In fact, the date indicated on the notice reflects the Issue Date of her CR-1 Visa.

 

There are no available InfoPass appointments available for the next two weeks in our area, which is a bummer. We're assuming the notice was issued in error. Unfortunately, this was the only relevant topic I found on this particular issue. KevinNelson, what did you end up doing? What did you discover?

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This same thing happened to us as well, KevinNelson. We entered the US in the middle of June 2015, her GC indicates the correct entry date and expiry date, the stamp in her passport indicates the correct entry date as well.

 

However, the USCIS notice reminding of the upcoming expiry of the conditional residency states that she entered the US in April 2015. In fact, the date indicated on the notice reflects the Issue Date of her CR-1 Visa.

 

There are no available InfoPass appointments available for the next two weeks in our area, which is a bummer. We're assuming the notice was issued in error. Unfortunately, this was the only relevant topic I found on this particular issue. KevinNelson, what did you end up doing? What did you discover?

 

I would simply file the I-751 at 90 prior to the June entry date which should fall before the incorrect April expiration date.

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