Question:
Here's what probably amounts to a rant, but my wife recently received
her green card and on it, the INS fouled up and got her country of
birth wrong. She called to tell them, and they said she would have to
come to an INS office to get it corrected. Now this is extremely
inconvenient for us, since the nearest INS office is 3 hours away in
Chicago. So my questions is, who can I complain to about this,
because it will cost us a bit of money for hotel, gas, parking etc.,
not to mention I'll have to take time off work, all because the INS
screwed up. Is there any way we can be reimbursed for our expenses
because of their screw up (ok, I know I'm probably dreaming)?
Answer:
You are dreaming.
These kind of clerical errors happen, and you just have to bite the bullet.
Yeah right, as an applicant 'We' are not suppose to make mistakes in
applications, but they can do whatever the **** they want. :( Yes,
clerical mistakes happen, but we can't afford these mistakes.
Not an uncommon problem ...
Mine was screwed up the same way in 1995. According to them I was born
in French Polynesia. Never been there but it looks nice from the book
a friend gave me (as a joke). I tried 3 times to get into the local
INS office, getting in line at 5:30am. Never had a hope (of getting
in) so I just blew it off.
Why do you need to do all of this?
You just file I-90 with an explanation about why you feel you shouldn't
have to pay the fee due to their error.
You didn't get that. They have to pay all the expenses to get there.
The only expense they may be able to get waived is the I-90 fee.
Somebody already pointed out that this is usually handled with an I-90,
and there should not be a fee for it. The I-90 should be filed with the
same office that you got the original GC from. I don't think it is really
necessary to do this in person, as long as the office accepts applications
by mail.
You could even TRY - but I don't know if this works - to file the I-90 at
an Application Support Center (the same place that takes fingerprints).
You can also try and contact your local Congressperson's office. Prepare
the I-90 etc., and then ask them for help. The Congressperson will
probably just forward the application to BCIS, but at least it will save
you a trip and may even get you the replacement faster.
Expenses to get where?
You mail it in.
The replacement card is mailed back.
According to the instructions on the I-90, "Unless otherwise
instructed, file this application in person at the local INS office
having juristriction over where you live." We were not instructed
otherwise, we were instructed by the INS to submit the form in person.
Form I-90 must be filed in person. I believe there may be an exception for
a person who can prove he or she is disabled, but otherwise -- no
exceptions.
We actually filed it during an INS road trip to another city,
not at the INS office.
I notice that it will soon be possible to e-file I-90.
