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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 04-25-2010, 06:55 PM
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Sparkling can only hope to improve
Question Former conditional green card holder, in new process:-(

Hi Everyone,
I am a Danish citizen, my husband is an American citizen. In 2006 I got my conditional green card, but we moved back to Denmark before the 2 years were up and did not file for removal of conditions. We stayed in denmark for nearly 2 years. Now we have moved back to the US and filed again for me to get a green card. Filed i130 in december 09 and i485 in march (due to the high fee) we were told this still counts as concurrent filing. I recently got a letter saying the i130 was denied because:

"a review of angency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
"this denial will have no adverse effect on the lawful permanent resident status that the beneficiary has previously aquired"
Attached to the letter is an appeals form -letter dated April 8th 2010.

Now I am confused as to what this means for the case..if they consider me already in lawful permanent resident status then how do I obtain my green card?
If this is an error on their behalf (I thought conditional green card was abandoned automatically) do I need to submit an appeal?
What does this mean for the i485...
I don't know what to do and the customer service 800# doesn't help me. I cannot get an infopass in my area (wyoming) it says none available, so I don't know who to contact for help and therefore am trying this forum.
I also don't have money to hire a lawyer.
Thank you for any input you might have!
Oh and I am here on the visa waiver program - my stay was "good" till january 15th - but as I understand it since we filed the i130 in december I am allowed to stay till the matter is settled?
thx again for your time:-)

Last edited by Sparkling; 04-25-2010 at 11:58 PM. Reason: additional information
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  #2 (permalink)  
Old 04-26-2010, 10:46 AM
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immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future immig4me has a brilliant future
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If my understanding is right, you already have a green card according the USCIS?
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  #3 (permalink)  
Old 04-26-2010, 11:47 AM
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uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of uma001 has much to be proud of
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[quote=Sparkling;1726755]Hi Everyone,
In 2006 I got my conditional green card, but we moved back to Denmark before the 2 years were up and did not file for removal of conditions. We stayed in denmark for nearly 2 years. Now we have moved back to the US and filed again for me to get a green card.
"a review of angency records indicates that the beneficiary has already aquired lawful permanent resident status on january 17 2006 through other means"
"this denial will have no adverse effect on the lawful permanent resident status that the beneficiary has previously aquired"
Attached to the letter is an appeals form -letter dated April 8th 2010.

Now I am confused as to what this means for the case..if they consider me already in lawful permanent resident status then how do I obtain my green card?
If this is an error on their behalf (I thought conditional green card was abandoned automatically) do I need to submit an appeal?


What does the conditional green card say? Since you already had green cad why did you file again? You dont need one again. Was the previous one expired. If so , renew it.Ask this in Ask a lawyer section.
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  #4 (permalink)  
Old 04-26-2010, 06:13 PM
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@ immigme - yes I already have one according to the Uscis, I thought it was "gone" when it had expired and we did not apply to remove the conditions in time.

@Uma001 - the conditional green card says Card expires 01/17/08 - it was given to me 01/17/06 but we left the US in may of 07 and did not apply for the conditions to be removed, we thought it automatically expired when not renewed. That is also why we applied again - as a customer service agent at uscis told us to do, saying the card was expired. I never got any information saying I could renew it from Uscis..but you think I can?

we now have the i485 still in initial review at uscis and I cannot get any information as to what I should do next. I am worried about what will happen - if they are going to deny that one too and ask me to leave the country. I will try to ask this in the section you recommended.

Thank you both for replying!
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