2 Obscure Things that Helped My Client Get her Green Card Today

Today one of my clients got her I-551 permanent resident card (green card). Like most things right now in immigration processing, it was harder than it should have been.

She is from Europe and was working at her employer on H-1B status. Her employer sponsored her through the PERM labor certification process and we obtained an approved PERM and I-140 and we filed her I-485 application.

In September 2018, she appeared at her I-485 application interview at the local field office; but although her case was 'approvable' (no issues) - her priority date was not current in September 2018, so the local office transferred her file to the Texas Service Center (TSC). In October 2018, her priority date was current and we waited patiently until November, to give TSC time to review and approve the case. October passed and we were into November and still no news.

We tried an E-Request. Nothing....

We waited a month until December and then she tried an INFOPASS appointment. Nothing.....

Then USCIS transferred the file from TSC to the National Benefits Center (NBC), so we were optimistic something might happen. But nothing....

After each inquiry we waited 30+ days to give time for the agency to respond. Nothing.

Then we contacted a US Senator's office and completed the privacy release form and asked for the Senator's staffer to contact USCIS. Nothing....

Then in February, when we were within 180 days of the EADAP expiration, we filed for an EADAP extension. This is Obscure Practice Point #1. Within a week of filing the EADAP extension (which has no government filing fee), USCIS updated case status online to say the I-485 application was approved. You see, USCIS hates adjudicating EADAP extensions for free. (All USCIS adjudicators are required to watch Jerry Maguire in their orientation and training).

So when they get an EADAP extension filing, I believe the mailroom or someone within USCIS has a mechanism of checking the I-485 and 'tickling' the I-485 adjudicator. So even though it seems silly and a waste of time and energy to file an EADAP extension for an I-485 where the interview is completed and priority date is current, it may be critical to getting the I-485 approved, if someone is sleeping on the file. They get tickled, wake up, and approve the I-485.

But Obscure Point #2 is equally important. You see, in my client's case, case status online indicated the I-551 card was mailed; then two days later, case status online indicated that the I-551 card was "undeliverable." From past experience I know this can be a VERY BAD THING. It can be very frustrating and time-consuming to track down an undeliverable green card and sometimes USCIS will insist you file an I-90 and pay the outrageous I-90 filing fee. In this case, the client had not moved during the entire I-485 process. She had received all prior notices including the I-485 approval notice just days ago. (By the way, maintaining accurate address information is very important but not sufficiently obscure for this article).

But Obscure Practice Point #2 is to be sure to track I-485s online because there is information (sometimes critically important information!) about the US Postal Service Tracking for Green Cards.

With the tracking information my client was able to go to the post office today and show the postal service employees the tracking number which indicated that the card was AT THE POST OFFICE. They finally found it (after several minutes of looking) and gave the card to her. Only after she got the card did she notice that the adjudicating officer, or at least the officer who produced the card, used the WRONG ZIP CODE on the mailer. We do not know for sure but it seems very likely this is the reason the card was not delivered. If we had not tracked the package using the USCIS online tracking info, and my client had not abruptly gone to the post office today, the card would very likely have been returned to USCIS and it could have been weeks or even months of runaround. The USCIS is notorious for losing track of these things and blaming applicants.

Now, perhaps more than ever, foreign nationals need to stay up-to-date on their immigration processes and follow things closely and pursue the most obscure actions to ensure things are completed and they can move on with their lives. (And of course it helps if you have a good lawyer)....