Got CR1 Visa Instead of IR1 Visa, Worse I had to File MOTIC

What is MOTIC? Keep reading...

This was my case and I spent over $6k with attorney fees for Immigration Administrative Errors!

This might happen to you so watch out and check your Green Card once you receive this in the mail and check right away if it is printed as to your appropriate case either for IR1 or CR1.

Here’s what to look for:

If you come to US as K1, you got married and received your GC before the second year anniversary of your wedding, that Visa is called CR1 (Conditional Residency). This means you have to remove your conditional status 90 days prior to your Green Card expiration. Take note, that If you haven't receive your GC and it is already 2 years lapsed after your marriage, this means you will received your GC as IR1 or IF1(Permanent Resident/10 years residency).

My case:

I came here in US with fiancé visa in my hand and I got married in June 22, 1999. Take note, I got my green card in the mail July 09, 2001, which means it has over 2 years since my marriage and I should be getting my Green Card printed as IF1(Permanent Resident/10 years). Guess what I got? CR1!  Being I am not keen of immigration procedure back then. IF1 or CR1 doesn’t mean anything to me. There was no library closer to me and for sure Internet has just started out.

So, 90 days prior to my Green Card expiration's, I submitted I-751 to remove my conditional status. I did not hear from immigration for 3 months, exactly the day of my Green Card Expiration. Oh No! I was freaking out! I do not want to lose my privilege to stay and work here in US.

I went to work that day and HR lady came to ask of my unexpired Green Card. I have nothing to show to her. I was then told that I can no longer work for them until I have the necessary papers to show that I am legal.

I took advantage of the day that I was not working and went straight to San Francisco Immigration which was the closer to me at that time.  When I got to the window X, I was told that I have no case to follow up on. I book a pass online to get another schedule to talk to immigration officer. To make it short, I was told the same thing again that I had no case. They were not helpful and I was left no choice but to hire an attorney.

I called Atty Gurfinkel and their consultation fees were $300 for 30 minutes and if I was to use their services, I would have to come up with a tremendous X amount of money.  So I shop around and found a cheaper one that I could make a payment.

My first consultation went well. My Attorney explains to me why this happened. I finally understood what IR1 and CR1 meant.

My green card was an administrative error since I received my Green Card 2 years after my wedding. USCIS should have sent me IF1 GC instead of CR1. My Atty said that I should have called USCIS right away the day that I have received my GC to report the administrative error on my GC but at that time like I said I know nothing what CR1 meant on my green card.

He then went ahead and cancelled my 751 petition and instead submitted Form I-90 (replacement of GC) to USCIS to have my green card corrected. While my case is being investigated, USCIS stamped my passport with one year validation extension so that I may be able to continue to work and stay legally in US. Take note also, I was already divorce at the time and I was doing this immigration stuff on my own.

One year later, I moved to Pensacola, Florida and still have not heard from the Immigration about my case status.  I constantly pestered my Attorney’s personnel with telephone calls about my case until I got my question answered. Going on 14 months exactly since my Atty submitted my petition to USCIS, I got a mail from USCIS on September 29, 2004. It stamped with big bold red letter “YOUR PETITION WAS DENIED.” If you want to appeal please file a MOTIC. (MOTIC, MOTION TO REOPEN BEFORE THE COMMISSIONER). Huh huh huh, I was physically numb of the news. What do I do now? Do you see! Even I hired an attorney they were not able to help my case at all! Mind you, I already spent on immigration attorney just for this case total of $3500 plus.

My Atty called me out the same day I got the denial notification, asking for more money to file MOTIC. I had to bleed another 3k for this case plus $600 for the MOTIC petition itself. I was hurting badly financially. I had no choice but to give them that much amount. While, I was not sure with my attorney’s reputation after I got denied, I contacted Pensacola  Congressman's office to get some help. I got so lucky to get through and I got help right away. The personnel were very polite. She gathered all necessary documents from me and I was told to wait for 2 days. They said they would contact the US embassy for me. 

So couple days later, the Congressman's personnel contacted me that the Supreme Court were currently investigating my case and that I should hear from the USCIS in just a matter of days. I was so delighted to hear about it.

October 4th, 2004, Green Card arrived in the mail just after 6 days from denial noticed. it was a super duper BIG Celebration Day for me! I got my 10 years green card in the mail. This time I made sure that it has the right code IR1 and it was right. Woohoo! So happy that day.

I booked a flight that day to visit my family. Mind you, 2004 was my 5 year anniversary being in US and have not had any chance to go back to Philippines. This time I was going to stay for 3 months.

What is lesson to learned here? If you came to US as K1, and you receive your GC after 2 years anniversary, make sure that it is IR1, not CR1.
You would not want to go through what I did because it is going to drain you financially. 


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