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My mom, a green card holder, left USA on Feb'2007. Before leaving she filed for re-entry permit. It got issued on July'2007 but lost in the mail. We came to know about it on Jan'2008 after writing so many mail to USCIS. USCIS advised to file another petition with new application fees of $300. So, she filed another one on March'2008 from overseas with new application fees. Now, on new application, adjudicator asking evidence that she has been in USA on March'2008. We are very much frusted for the stupidness of adjudicator and don't see any way out. Can any of you have any such experience? or have any advise to follow. Thanks.
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She is filing for a new application which can only be filed if the person is in the US. The question is correct, and since she is not in the US, it cannot be approved. What proof that the other application was ever processed? See an attorney to see if there is some way to obtain a duplicate of the original response.
This is the chance you take if you leave before processing is complete and you have paper in hand. -
She has a letter from USCIS stating that it got processed and mailed. I don't see any help lawer can do on this.Comment
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If you have proof that it was processed and mailed, I think you were misadvised by customer service. But she now has a later application on file which she cannot use. You need to know 1) how to get a duplicate approval notice and 2) the effect of the subsequent application and 3) if she needs to file another form to compensate for the missing document.
I suggest an attorney because she will lose her green card by being outside the country more than a year without a re-entry permit EXCEPT there is a way around this that I have read about but don't understand fully. It is referred to as "returning resident." See this link:
https://www.immihelp.com/returning-r...ncard-holders/
An immigration attorney would be the best person to advise you if she can take advantage of this provision and do the paperwork.Comment
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