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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10749
Experience:  Write FOR JAMES to get my help!
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June 5, 2015 I applied renewal of my card which expires on

Customer Question

June 5, 2015 I applied for a renewal of my green card which expires on June 26, 2016. Bio metrics were also completed.
September 2015 I separated from spouse and she took everything from me including clothes and all paperwork... USCIS notices included.
I immediately had my address changed and requested a replacement card.
February 23, 2016 I received a notice from USCIS stating that they wanted more evidence and asked for a copy of my long form birth certificate. They stated in the notice that I could create an online account and attach it to my account, which I did on March 3, 2016.
On 3/15/2016 I received another notice stating they accepted my document and that they will schedule an appointment for my biometrics. I returned a note to them stating I already did my bio metrics and paid the fee for the new card.
They sent me another notice on 3/19/2016 stating that they CAN use my previous biometrics and an appointment will not be necessary. I have not received any notice since then. Since my green card expires on 6/26/2016, I made an appointment at the Service Center in Orlando. They told me that my green card was denied and i would have to go through the entire process again, including pay the fees. I will not have enough time to do this since the expiration is in the very near future. I am a firefighter and will loose my job if my green card expires. please help.
Vince (###) ###-####***@******.***
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Expert James replied 4 months ago.
Hi Vince,I'm sorry about all of the trouble you are experiencing.Have they explained why the denial? If so, what is the basis of denial?What kind of card do you have - 10 year card or 2-year card?Was this through marriage? If so, did you already file for removal of conditions?
Customer: replied 4 months ago.
They said they sent a notice on May 24, 2016 stating that I was denied, but I did not receive it. This morning I have requested a copy of the notice which I'm told I will have by June 30, 2016 (4 days after my green card expires)
They said I was denied because I did not submit the request for evidence of my long form birth certificate. This was submitted on March 3, 2016 and I have a notice stating that they have received all required documents. They told me at my appointment this morning that it was not received until June 3rd which was just past the 87 days that they gave me.
I have a 10 year card and was just trying to renew it. I originally came to the US from Canada through a K Visa (my mother was the fiance of an American)... all conditions were removed. This is my first time renewing the card.
Expert:  Expert James replied 4 months ago.

Do you have evidence that it was submitted on March 3 and evidence showing they received it as well?

Customer: replied 4 months ago.
Hello, Please see attached document that was issued on February 23, 2016 and another notice confirming receipt on March 15th. Per the instructions on the Feb 23rd notice, I created an account and submitted that way.
Customer: replied 4 months ago.
wondering if you had a chance to review the attachments.
Thank you
Expert:  Expert James replied 4 months ago.

Hi there,

Unfortunately, I have not yet. It has been an extraordinarily busy afternoon working with customers. I will do that now.

NOTE: Responding to this thread puts your question at the bottom of my list of priority questions. So each time you prompt me to respond or chick in with me, you go to the bottom of the list as if it was the most recent question posed. That causes further delays. Your patience and understanding as I work through customer questions is greatly appreciated.

Expert:  Expert James replied 4 months ago.

OK, but those documents don't specifically say that they received the document in question. Do you have proof of mailing of the birth certificate in time?

Do you have anything that reads that the evidence was received on a specific day?

Customer: replied 4 months ago.
I will check today. If I do have evidence of this, where would I send it?
Expert:  Expert James replied 4 months ago.

Kindly remember that I only get credit for doing my job when you give me a positive rating for my customer service. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today.

ANSWER: There are a few options:

1) you can either reapply for the benefit sought, with all of the information they asked for the first time around;

If, in fact, you submitted it in the mail before the deadline, you can either:

2) write a letter seeking a NUNC PRO TUN approval, pointing out that you mailed the document within the time required, and provide evidence of this (proof of mailing);

3) if it is offered on the denial notice, you can file a Motion to Reopen/Reconsider, showing that the documents were filed and that the USCIS made a decision in error. There is a fee associated with this.

In any case, if you choose option 2 or 3, I recommend that you meet with an attorney who can prepare the response for you. They are in the position best able to argue your points.

I hope I have answered your questions. I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

Once you have received an answer, please leave a positive rating by choosing on the 3, 4 or 5 stars so I get credit for doing my job.

A BONUS is also appreciated, if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 4 months ago.
Hi, I received this email below this morning and now I'm wondering if I have 2 accounts open... 1 that is denied and 1 that is pending. When I opened the account online to submit my long form birth certificate, i wasn't sure that I did it correctly until I received the notices (that I sent to you):Email: (please note the last paragraph)Dear Vincent Astrella:On 06/08/2016 you, or the designated representative shown below, contacted us about your case. Some of the key information given to us at that time was the following:Caller indicated they are:
-- Applicant or PetitionerAttorney Name:
-- Information not availableCase type:
-- I90Filing date:
-- 06/05/2015Receipt #:
-- IOE-01-329-62925Referral ID:
Beneficiary (if you filed for someone else):
-- Information not availableYour USCIS Account Number (A-number):
Type of service requested:
-- Non-Delivery of Denial NoticeThe status of this service request is:Recently, you or your representative contacted USCIS concerning your Form I-90, Application to Replace Permanent Resident Card, to notify us that you believe your case was denied in error. Below is a summary of what we found and how the issue has been or may be resolved.Upon further review it was determined your case was denied on May 25, 2016, because “To date, you have not responded to the Request for Evidence dated February 23, 2016. Therefore, you have not demonstrated eligibility for a replacement Form I-551, Permanent Resident Card.” If you would like to receive a Permanent Resident Card, please file a new Form I-90, Application for Replacement of Resident Card with applicable fee.Under this account# ***** – IOE0132962925, the response to the Request for Evidence was never uploaded and USCIS never received it, therefore, USCIS correctly denied your case for abandonment.Additionally, our records indicate that your response to the Request for Evidence was uploaded into a different account #043444749505. This account has a receipt number IOE0324307392, and is still pending review. Under this account, we can see that you have uploaded your birth certificate. USCIS makes every effort to process cases within the projected timeframes and in the order in which they were received. The current processing timeframe for Form I-90 is 8 months. Currently, your application is still pending consideration.What You Can Do
Please see the “Online Services” below to check the status of your case in the near future.We hope this information is helpful to you.-------------------------------
Online Services
We offer many online services and tools to help you find the information you need. Please visit our Web site at for information about:*Using our Case Status Online tool;
*Signing up for case status updates;
*Checking processing times;
*Submitting an e-Request to inquire about certain applications and petitions;
*Using our Office Locator;
*Using InfoPass to schedule an appointment; and
*Downloading forms.Address Changes
If you move, please provide us with an updated address. For more information about address changes, please visit our Web site at, and click on “Change Your Address Online.”For More Information
If you do not find the information you need through our online services and need further assistance, you may contact our National Customer Service Center at 1-***-***-**** or 1-***-***-**** (TDD for the hearing impaired).
Expert:  Expert James replied 4 months ago.


I have already answered the original questions for you. This is a new question. I am happy to continue assisting you, but I have not received credit for doing my job.

Expert:  Expert James replied 4 months ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I see you have reviewed my answers, but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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