Can I file for US Citizenship? confused!

[Chancy 6,233]

8 minutes ago, Tokenfreak said:

That sucks and thats not even fair if I have to pay the fee again. I didn't even know anything was wrong with my green cards date until now.  I never really paid attention to it to be honest.

 

Yes, unfortunately, USCIS will not refund your ROC fee.  I guess it's better that you realized the error now, instead of after paying in error for your N-400 too.

 

[Tokenfreak 223]

22 minutes ago, Chancy said:

 

Yes, unfortunately, USCIS will not refund your ROC fee.  I guess it's better that you realized the error now, instead of after paying in error for your N-400 too.

 

Yeah I guess so. Will I have to wait all this time again if I have to refile the ROC? Would I have to make a whole new packet? That packet took forever to do and was a pain.

 

also The wait time is 20-22 months at the center I’m at. it’s painful. I hate to have to start this all over again. 

[HRQX 4,145]

1 hour ago, Tokenfreak said:

after I filed the ROC a year ago now.

See the following thread:

"Then the uscis refunded the fees I sent for the i-751 and closed the case and sent to me a letter explaining that they made an error on the date of the first green card so I have to file again because it was early to file for i-751 with the wrong date."

1 hour ago, Tokenfreak said:

I don't think its and error and this is the first I am hearing of it.

Your "Resident Since" should be 02/19/2019 and "Expiration" on 2-year GC should be 02/19/2021. https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

[Tokenfreak 223]

So what should I do guys? I’m so confused right now. Should I just wait and see if my ROC is approved as is? Or should I call the USCIS and let them know the mistake they made on the green card? I don’t want to have to pay to file the ROC again as I need my money as it’s tight right now. Also, it took forever to get all the documents and evidence together. It was a pain. Surely they can fix it without having to deny my application since I would have had to file it by now anyways if the green card had the right date. Thanks 

Edited September 3, 2021 by Tokenfreak

[mushroomspore 3,043]

16 minutes ago, Tokenfreak said:

So what should I do guys? I’m so confused right now. Should I just wait and see if my ROC is approved as is? Or should I call the USCIS and let them know the mistake they made on the green card? I don’t want to have to pay to file the ROC again as I need my money as it’s tight right now. Also, it took forever to get all the documents and evidence together. It was a pain. Surely they can fix it without having to deny my application since I would have had to file it by now anyways if the green card had the right date. Thanks 

You HAVE to file I-90 to fix the card. Calling USCIS will achieve nothing as they cannot fix this error over the phone. I'm not sure why you thought the card could be back dated. If they approved you as a resident in 2019, how can they or you legally say you have been a resident since 2018 when your AoS was pending during 2018? You became a resident at the time of approval and forward from that time, not backwards. Besides, that time is already gone...you can't rewind and relive 2018 as an PR. Your original RoC was filed based on erroneous info, so it will be closed/denied and they cannot approve it. Yes you will have to do RoC again based on the correct dates/info. You should keep all paperwork from the original RoC. 

[HRQX 4,145]

27 minutes ago, Tokenfreak said:

Surely they can fix it without having to deny my application since I would have had to file it by now anyways if the green card had the right date.

A new I-751 needs to be filed per 8 CFR § 216.4. When filing the new I-751 cite the USCIS error as the reason for now filing the new I-751 after the 02/19/2021 "due date" has passed.

Edited September 3, 2021 by HRQX

[HRQX 4,145]

2 minutes ago, mushroomspore said:

You HAVE to file I-90 to fix the card.

No, OP should file a new I-751 ASAP. Filing I-90 would be futile since it is now passed 02/19/2021.

[mushroomspore 3,043]

5 minutes ago, HRQX said:

No, OP should file a new I-751 ASAP. Filing I-90 would be futile since it is now passed 02/19/2021.

Oh really? But USCIS accepted the incorrect RoC due to incorrect dates on the GC. Wouldn't it better to file I-90 to bring their attention to the error and then file the correct RoC with the I-90 receipt letter?? Or am I misunderstanding?

 

They actually made the same error on my very first GC but I caught it as soon as I got the card and filed I-90 right away, so I'm not sure if the I-90 matters in OP's case since he's now in the RoC window.

Edited September 3, 2021 by mushroomspore

[HRQX 4,145]

12 minutes ago, mushroomspore said:

USCIS accepted the incorrect RoC

It got passed the Lockbox but odds are the error will be noticed during adjudication:

55 minutes ago, HRQX said:

See the following thread:

"Then the uscis refunded the fees I sent for the i-751 and closed the case"

 

12 minutes ago, mushroomspore said:

and then file the correct RoC

The new I-751 should cite the USCIS Policy Manual (https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2), include a copy of the I-485 approval notice, and request a refund of the earlier filed I-751 because of USCIS error on the 2-year GC.

12 minutes ago, mushroomspore said:

he's now in the RoC window.

It's technically now late, but since it is caused by USCIS error that is enough reason to excuse the late filing.

Edited September 3, 2021 by HRQX

[Tokenfreak 223]

10 minutes ago, mushroomspore said:

Oh really? But USCIS accepted the incorrect RoC due to incorrect dates on the GC. Wouldn't it better to file I-90 to bring their attention to the error and then file the correct RoC with the I-90 receipt letter?? Or am I misunderstanding?

 

They actually made the same error on my very first GC but I caught it as soon as I got the card and filed I-90 right away, so I'm not sure if the I-90 matters in OP's case since he's now in the RoC window.

On my  I-485 AOS approval letter the Received date is: 11/29/2018 and the Notice date is 2/19/2019.

My Greencard says Resident since: 11/29/18 and expires on 11/29/20.

 

So the resident since date is from the Received date on my AOS approval letter. So is this still a mistake?  At least now I know where that date came from.

[HRQX 4,145]

2 minutes ago, Tokenfreak said:

So is this still a mistake?

Yes they made a mistake. The "Resident Since" date should be 02/19/2019

59 minutes ago, HRQX said:

https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

A person is generally considered an LPR at the time USCIS approves the applicant’s adjustment application or at the time the applicant is admitted into the United States with an immigrant visa.^[9] Most applicants applying for adjustment of status become LPRs on the date USCIS approves the application.^[10]

 

[Tokenfreak 223]

12 minutes ago, HRQX said:

Yes they made a mistake. The "Resident Since" date should be 02/19/2019

 

Ok so they made a mistake. So what is the best way for me to fix this mistake they made without me having to re-file the ROC. Is it possible I can just call them and explain the mistake they made and we go from there? I don’t want to have resubmit a ROC as that took forever to get all of our evidence together. Thanks.

[HRQX 4,145]

50 minutes ago, Tokenfreak said:

I don’t want to have resubmit a ROC

Unfortunately a new I-751 is needed per INA 216(c) and 8 CFR § 216.4.

50 minutes ago, Tokenfreak said:

Is it possible I can just call them

If you call them then request a Tier 2 but the focus of the call would be to get a refund (*based on USCIS error) on the I-751 that was submitted in September 2020. As I already mentioned above, the law is clear that the I-751 you filed last year is not approvable.

Edited September 3, 2021 by HRQX

[Ontarkie 13,918]

~~Moved to ROC, form US Citizenship General Discussion - as the OP has discovered USCIS Error and is in need of help to refile for ROC~~

[Tokenfreak 223]

So I just checked with my friend and on her I-485 AOS approval letter her Received Date is 01/18/2019 and her Notice Date is 04/08/2019.  Her greencard says Resident Since: 01/18/2019 which is before her Interview date which was on 02/13/2019.  Her greencard and my greencard both use the Received Date on the I-485 AOS approval letter. So maybe both of our greencards are right?  What are the chances both of our green cards have wrong Resident Since dates?