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  1. #1
    Join Date
    May 2013
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    3

    Default Forgot to Remove Conditions on My Permanent Resident Card

    I have a friend that got married on December 2005 and got his conditional Permanent Resident Card with no problem, but he forgot about doing the filling for the 10 year Permanent Resident Card until now. I know he is should be out of status and probably under deportation proceedings. Is their a way to do a lawsuit against the USCIS to force them to reopen his case. He got married in good faith and has children. if this is possible under what basis could he fill the lawsuit against the USCIS to reopen case.


    thanks for the help

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    24,521

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Wait a minute. HE forgot to do his filing and you think he can sue the USCIS?

    What have you been smoking?

    In case it isn't obvious, the answer to your question is not only no, but hell no.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Quote Quoting aldo lopez
    View Post
    I have a friend that got married on December 2005 and got his conditional Permanent Resident Card with no problem, but he forgot about doing the filling for the 10 year Permanent Resident Card until now. I know he is should be out of status and probably under deportation proceedings. Is their a way to do a lawsuit against the USCIS to force them to reopen his case. He got married in good faith and has children. if this is possible under what basis could he fill the lawsuit against the USCIS to reopen case.


    thanks for the help

    In addition to what CBG said...

    Your friend needs to speak with an immigration attorney. It's not impossible to fix the matter. I hope he's got a deep wallet, though.

  4. #4
    Join Date
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    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Did your 'friend' fail to keep the USCIS informed with his address, or did he ignore the notice they sent him (all those years ago) reminding him to file to remove the conditions?

  5. #5
    Join Date
    May 2013
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    3

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    thank you for the replay, I think ja, but why isn't this possible, he did enter the marriage in good faith. he didn't commit any wrong doing, he has children; Oh - i forgot to say this on my last post but he got divorce already, the problem is that he was just too easy going about the issue. I could be getting this wrong, but the most important thing here is that he enter the marriage in good faith, right? From my point of view, the USCIS strictness about the issue is to basically regulate unlawful marriages. Well his initial marriage was never unlawful. how would it be possible to get a law court to file in favor ?

    - - - Updated - - -

    i am not sure, I think he simply changed placed and didn't remember later on to file ROC

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Quote Quoting aldo lopez
    View Post
    thank you for the replay, I think ja, but why isn't this possible, he did enter the marriage in good faith. he didn't commit any wrong doing, he has children; Oh - i forgot to say this on my last post, but, he got divorce already, the problem is that he was just too easy going about the issue. I could be getting this wrong, but the most important thing here is that he enter the marriage in good faith, right? From my point of view, the USCIS strictness about the issue is to basically regulate unlawful marriages. how would it be possible to get a law court to fill in favor of his return to status?

    You're wrong.

    It was HIS responsibility, and his only, to follow the rules set by USCIS.

    The courts will absolutely not get involved.

  7. #7
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Because he is now divorced, he likely has one path available to him, that is out of the country for a 10 year ban.

  8. #8
    Join Date
    May 2013
    Posts
    3

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Quote Quoting Mr. Knowitall
    View Post
    Did your 'friend' fail to keep the USCIS informed with his address, or did he ignore the notice they sent him (all those years ago) reminding him to file to remove the conditions?

    i am not sure, But knowing him I am reasonably sure he simply changed placed and didn't remember later on to file ROC.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Forgot to Remove Conditions on My Permanent Resident Card

    Which does not change the fact that it was HIS responsibility to file and he has NO grounds to file any kind of lawsuit.

    The situation is not unsolvable. If he talks to an immigration attorney he may well be able to fix this. Unless he pulls the unbelievably stupid stunt of trying to sue the USCIS because HE (not they) dropped the ball.

    He pulls that, he'll be on the next plane out of here.

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