asfi99

I Filed my case to remove conditional residency (post 2 years) from my GC in Feb 09 , received a letter in August stating that my GC was approved in June and that i should receive it within 60 days. Receved nothing in 60 days hence i called upon which i received an email stating that 'the card was not sent to production'. I made another inquiry at end of september via INFOPASS and i was told the same thing 'Card not sent to production'. Finally i schedueled an InfoPass and then i was told that 'your GC was approved by mistake' and that i should be scheduled for an interview soon.

I am in Shock. Has this happened to anyone before ???
and What should i do next beside the obvious (wait for an interview).

I filed all paperwork by myself, should i hire a lawyer and is there any way to protest this.

Thanking you guys in advance.

Folinskyinla

Hi:

A very similar thing happened to Felipa Sharkey.

Englishmum

Hmmm.

Read through most of that case and then looked at the conclusion.

Unfortunately I have no legal training and it may as well be all written in
Greek to me (despite English being my first language!).

I have no idea whether or not this Felipa Sharkey was allowed to get her Green Card or if she lost her case?!

What happened to her, Folinskyinla?

asfi99

Yes not sure how similar my case is to this one. There seems to be a lot of legal details here. My case is fairy straight forward i think.

ian-mstm

Not any more!

Ian

adjudicator89

I filed all paperwork by myself, should i hire a lawyer and is there any way to protest this.

[/QUOTE]

Hi there,
I am very sorry for that confusion from USCIS. I too filed I-751 waiver and waited almost 22 months and was approved . I did hired an attorney who attended the interview with me. I would advice you to have one as well since its a waiver case. Best wishes Milan

asfi99

Hahaha yeaa My Case has switched gears from Chick Flick to Action Packed/Drama/Thriller.

asfi99

Wow All of a sudden i dont feel too bad after hearing your story. Still Sucks though i really wanted to go see my family at christmas this year but wouldnt risk going anywhere until i have a plasticky Card in hand.

lostlove

Sorry this happened to you. Gawd what a reversal of fortune. Its getting bad to worse. Seems like the CIS is filled with a bunch of unstable drunks who love to tantalize and tease.
Is deciding who gets an Green Card approval harder than Chinese math.

Thanks for the link Mr F.

adjudicator89

Well you asked if you should hire an attorney so I was just giving you some advice. Now, keep in my just because my waiver was approved doesn't necessarily means your will as well, so if I was you i would seriously think about hire an attorney.

Folinskyinla

Hi:

I have no idea whatsoever as to the ultimate disposition. Feel free to follow it back down via PACER if you want. I have not and don't care to do so.

meauxna

I think the question is 'protest what?'. You dont' even know what has happened to you yet. Did you not ask some more questions at your InfoPass appt? That is the place with the people and the means to reveal something.

Where do you see that she filed a waiver I-751?

asfi99

IDK protest what...my frustration i guess. I have been checking my mail non stop since June wondering if the card was lost, or if its just tied up in the usual security lag. Never expecting they would just outright push me back to Square One.
This is how bad the Service was at the INFOPASS, i went to one agent who said his systems were down and that i should wait while he kept helping other ppl out, I asked if all other agents systems were down and he said yes, told me to just wait and he will call me when its up. i finally got tired and walked to another officer who said no all systems are just fine and then gave me this exciting news.
I am gonna schedule another INFOPASS And see if a different officer tells me something else now.

meauxna

I think that is a good idea, another appointment. Have your facts arranged carefully and clearly so the officer can see what your concern is.

We waited patiently too; when we went in to check it out, found out the card production order had never been put in and the file was sent to storage. Took ten minutes *and* a motivated officer and we had the card in about a week.

JAJ

I don't know how US law deals with this, but in Britain or Australia there is an established body of administrative law surrounding "void" or "voidable" actions.

My understanding is that in Britain/Australia, if someone applies in good faith for permanent residence or citizenship and it is "granted" despite the statutory requirements not being met, the courts would usually not accept any attempt by the authorities to declare the grant as a nullity, barring any statutory provisions allowing this.

Might be an angle for a US lawyer to consider, if it came to court? Of course, if all that's needed is an interview to allow the case to proceed to GC issuance under standard rules, that may be the path of least resistance. Also, the message "GC was approved by mistake" doesn't make sense when it relates to a petition to remove conditions from a conditional GC that has already been granted.