USCIS person kept giving me wrong information

[Pengunista 221]

So, I went to a USCIS field office today to get a I-551 stamp.  Backstory: I got my conditional green card in the mail this past October 11, 2019. When I looked at the “resident since” date it say 11/09/18 with an expiration of 11/09/20. So I knew right away that it’s wrong and I even went here to double check it. So the next day I went and sent back the green card with I-90 form. So that’s that.

 

So today when I was called in to the window, the lady asked why I’m there, and I said I need the stamp.  She asked me why, so I explained to her what happened.  After looking at my I-797 for I-90 and my I-485 she was saying that the date on my resident since is right. And I said no, and she said that it’s right, the date they USCIS received it. So, just to make her understand that she is wrong, I told her, so if I’ve been a resident since 2018 how is it that I only got my card last month? Or better yet, I bust out my EAD/AP card saying, if I was a resident since 2018 who would they then issued me an employment authorization March of this year.  All she can say to me is, for me to follow what’s on the date of my green card when It’s time to file for I-751, and she said next year coz that’s what it says in my card. How can she say that when she knows that by me following that date on the wrong card would mess up my file and I’ll be blamed for it. Not that I would actually follow her bad advice but just irritating that someone who works there would tell me to follow the date on a card that has wrong information. I just need to vent out here.  I did get my stamp, a guy who also works there stop at the window I am and the lady asked him. And yes I was right. I asked the guy, if by any chance I’m wrong and that I didn’t know how this “resident since” date work. 

[geowrian 22,336]

Sorry for the troubles. You are correct and they were wrong.

[Going through 5,668]

Well...they are called the misinformation line for a reason.

 

Good that you went into that conversation well-informed.

[payxibka 10,044]

1 hour ago, Going through said:

Well...they are called the misinformation line for a reason.

 

Good that you went into that conversation well-informed.

Same result, but an infopass appointment is not the misinformation line

[Pengunista 221]

2 hours ago, geowrian said:

Sorry for the troubles. You are correct and they were wrong.

Thanks. I was confident that I am right since, before I even sent back my green card, I posted a question here regarding my concerns and everyone that commented said it’s the date I got approved, which makes total sense to me. 

[Pengunista 221]

1 hour ago, Going through said:

Well...they are called the misinformation line for a reason.

 

Good that you went into that conversation well-informed.

Hehe yes, i have both I-797 for I-90 and I-485 and a photocopy of my green card. It’s just annoying that she kept insisting I follow the date on the green card with regards to removing my conditions down the line. I got lucky that I still have my EAD/AP card in my wallet. She even said that I made a mistake returning my card since the date is right.  😒🙄

[carmel34 3,533]

16 hours ago, Pengunista said:

Thanks. I was confident that I am right since, before I even sent back my green card, I posted a question here regarding my concerns and everyone that commented said it’s the date I got approved, which makes total sense to me. 

What were the circumstances of your entry to the US and your AOS case?  It makes a difference as to the date you are considered to be an LPR.  See below from USCIS policy.  Some immigrants are considered to be LPRs before the actual date of AOS approval.  You don't have a timeline so it is difficult to know from your post.  If you are a normal K-1 or other typical AOS case then you are right.

2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[5] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application. ^[6] 

For certain classifications, however, the effective date of becoming an LPR may be a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, a person admitted under the Cuban Adjustment Act is generally an LPR as of the date of the person’s last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later. ^[7] A refugee is generally considered an LPR as of the date of entry into the United States. ^[8] A parolee granted adjustment of status pursuant to the Lautenberg Amendment is considered an LPR as of the date of parole into the United States. ^[9] In addition, USCIS generally considers an asylee’s date of admission as an LPR to be one year prior to the date of approval of the adjustment application. ^[10] 

[Pengunista 221]

1 hour ago, carmel34 said:

What were the circumstances of your entry to the US and your AOS case?  It makes a difference as to the date you are considered to be an LPR.  See below from USCIS policy.  Some immigrants are considered to be LPRs before the actual date of AOS approval.  You don't have a timeline so it is difficult to know from your post.  If you are a normal K-1 or other typical AOS case then you are right.

2. Effective Date of Lawful Permanent Residence

A person is generally considered to be an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant enters and is admitted into the United States with an immigrant visa. ^[5] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application. ^[6] 

For certain classifications, however, the effective date of becoming an LPR may be a date that is earlier than the actual approval of the status (commonly referred to as a “rollback” date). For example, a person admitted under the Cuban Adjustment Act is generally an LPR as of the date of the person’s last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later. ^[7] A refugee is generally considered an LPR as of the date of entry into the United States. ^[8] A parolee granted adjustment of status pursuant to the Lautenberg Amendment is considered an LPR as of the date of parole into the United States. ^[9] In addition, USCIS generally considers an asylee’s date of admission as an LPR to be one year prior to the date of approval of the adjustment application. ^[10] 

I adjusted from F1 that overstayed. And I understand the policy you posted and was willing to listen to what the woman was saying but after showing her my I-797 for my I-485 and a copy of my green card, she still kept insisting that it’s right. Even after I told her that my husband and I’s interview for I-485 was just this past June. And that she kept insisting for me to just follow what’s on the expiration date of my green card as a guid to when I should file for I-751, the expiration date that she was talking about is 11/09/20. I even showed her that the date they put on the green card is the date the USCIS received my forms. But she said yeah it’s right, it’s the date they received it that should be on my green card.