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i-90 denied, ineligible to be issued replacement i-551, What this means? What's next?

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  • i-90 denied, ineligible to be issued replacement i-551, What this means? What's next?

    Good evening,

    I received a letter stating that my I-90 was denied and I am ineligible for a replacement I-551, which I've had since I was 11 years old

    What does this mean that the i-90 is denied and I am now ineligible to replace my i-551, also known as Lawful Permanent Resident Card? Does this mean that I am no longer legally in this country? I grew up here, attended college, married, have four children and are in escrow to buy a house. Why I am not a citizen yet is another story for another day.

    The letter states that this decision cannot be appealed but that I can file form I-290B, Notice of Appeal or Motion if I have another $630 hanging around in addition to the $400 I already paid originally. When I look at this form and its instructions say that if I file a motion to reopen I must include “new facts” and documentation with this form, and if I file a motion to reconsider I must show that the decision was an incorrect application of law or policy. I am not an attorney and I am concerned about writing the wrong thing, phrasing something wrong in this situation on this form that might cause it to be denied.

    Any advice on how to proceed? I am not so sure that I am very comfortable walking into an immigration office, not knowing what this letter means. Can I be deported after being here for almost 40 years because I rescheduled an appointment and received no response to my second request to reschedule? I am reading in post about similar situations that a new i-90 form can be filed instead of the i-290b. Is this correct? What do I write in the i-290b?

    These are the details:
    In June I was given a six month extension as I noticed that my green card was up for renewal just a week before leaving on a cruise to Mexico. A few months later I received a letter with an appointment date for biometrics just two days away, which was not enough time to make arrangements for my kids to get picked up at school (they attend three different schools) and most jobs require a little more than a day’s notice to take half a day off. The letter also stated that due to space limitations only the applicant was to come to the appointment, and this meant I could not bring the kids with me. I had to reschedule and I sent the letter back as indicated in the letter requesting a new appointment day and time. About a month later I received another letter with the same short notice and situation. I also sent this letter back exactly as I had done the time before hoping I would receive a little more notice next time. Things got busy after that with Christmas and kids birthday parties and all the work that went into loan processing for the new house, packing and so forth, and I didn’t realize how much time had passed until a new letter arrived stating what I wrote at the beginning of this post and the reason for the denial is because I did attend an appointment (even though both times I responded as indicated that I do requesting a new appointment).

    What is my current legal status here?

    I am concerned that no matter which way we go with this there will not be a quick enough turn around to be able to close escrow on the 21st , (for which I believe I will need a current green card). Is it possible to request an emergency extension once expired like I did prior to our cruise to be able to close escrow in time? I am hoping this will be the only issue and that having to move back to a country I hardly know is not one of the potential scenarios.

    I am at a loss as to what to do next. Honestly, calling their customer service has not proven to be very helpful in the past, as I called three times (before leaving on the cruise) and received three different answers.
    I am sorry for making this post so long. I welcome all positive suggestions as to how to proceed in our particular situation.

    Thank you in advance.

    Last edited by Lili1019; 02-17-2016, 05:09 AM. Reason: typos

  • #2
    So it sounds like your I-90 was denied because you didn't attend the biometrics appointment.

    Permanent residency does not expire even though the card does. You are a lawful permanent resident; you just don't have a document to prove it.

    You can file a new I-90 and get an I-551 stamp at the local office.

    This is my personal opinion and is not to be construed as legal advice.


    • #3
      Thank you for the information NewAcct. My conflict is that the letter I received from USCIS with the denial for abandonment (since I did not appear at my bio-metrics appointment) instructs me to file form i-290b for a motion to reopen or reconsider, yet like yourself, all advice has been to just file form i-90 once again. The problem with filing 290b is not so much the money as that there has to be a valid explanation included and new facts which other than saying that I never got the reschedule notice with the new date, which I don't think is an acceptable new fact, I am not sure what else I could write on the 290b to request that my case be reopened or reconsidered. When I started to fill out form i-90 one of the questions is "..., Have you ever filed form i-470, Abandonment by Alien of Status as Lawful Permanent Resident, or otherwise been determined to have abandoned your status?" It is the second part of this question that bothers me. If I answer "Yes" (as I believe this matches what the letter I received for missing bio-metrics says about my status, and please correct me if I am misinterpreting it), then I have to provide a detailed explanation in part 8 of the form, which is the same I would have to do on form 290b. If I understand this question correctly and also what the letter say, I cannot answer "No" to this question.

      Has anyone been in this situation before or know of someone that has processed either of this forms successfully after a letter of denial for missing bio-metrics? I could really use some direction as to which of the two forms to file and if 290b what would be valid wording in my situation for a motion to reopen or reconsider , and if from i-90 how to interpret and answer the question about been determined to have abandoned the status.

      Thank you so much!


      • #4
        Here is a little better summary with more detailed information about the situation and actual question:
        I am a permanent resident since 1979. I missed by bio-metrics appointment (didn't receive or misplaced the letter with the new rescheduled date) and thus later received a letter that I am ineligible to be issued a replacement Form i-551, Lawful Permanent Resident Card and must deny my i-90 form. It says that when a person does not appear the benefit request will be considered abandoned or denied. Form i-90 asks on question 5 of the Processing Information Session if I have been determined to have abandoned my status. I am not sure how to interpret/answer this question. The status of my i-90 application has clearly been determined by USCIS to have been abandoned, but does this also mean that my permanent resident status has been abandoned or just the application for renewal? Can I answer "No" to this question, or is the answer "Yes"?


        • #5
          No. It's not possible for your permanent resident status to be abandoned if you have been living in the United States. They are saying your I-90 application was abandoned.

          This is my personal opinion and is not to be construed as legal advice.


          • #6
            Thank you once again for your assistance NewAcct.

            In filling out the I-90 form I am finding that I do not know all the answers to questions in Part 3. Processing Information. How accurate do my answers need to be on this? Is it okay to leave this blank if I do not know the answer, or would it be better to guess or write a broader location.

            I came to the U.S. with my parents as a child and I can guess as to the province and know the country for the location where they applied for the immigrant visa and where it was issued, but I do not know in detail down to the city where this was for sessions 1 and 2 of part 3.

            Also for session 3a. which asks for the destination in the United States at time of admission I am guessing it is not where we first entered the United States but where we intended to live? Again, I know it was somewhere in Los Angeles County, but do not know in what city, and the instructions ask for city or town. Would it be better to write Los Angeles County, leave it blank, or write something like "not sure", or " came as child, don't know", etc.,?

            Same for session 3.a1. Port-of-Entry where admitted to the United States, and it asks again for City or Town, and State. I know that we flew through Florida to Los Angeles. So we first landed in Florida (and to be honest I do not remember if we even got of the plane there, or if the plane just touched down to refuel and we did not exit, or if we even possibly changed planes), but I know that our final destination was LAX. I just don't know where we went through customs, if this was in Florida or Los Angeles and if in Florida I would not know in what city. What is best to do in this situation?

            Thank you once again. You have been most helpful and I much appreciate it.


            • #7
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