Can I file for US Citizenship? confused!

[Tokenfreak 223]

So I just checked with my friend and  her Greencard is just like mine.

 

For reference here are mine and hers.  No way both of our greencards Resident Since dates are wrong right?  

 

Mine:

I-485 Approval Letter

Received Date: 11/29/2018

Notice Date: 02/19/2019

 

Interview Date: 02/19/2019

 

Greencard

Expiration: 11/29/20

Resident Since: 11/29/18

 

My Friend:

I-485 Approval Letter

Received Date: 01/18/2019

Notice Date: 04/08/2019

 

Interview Date: 02/13/2019

 

Greencard

Expiration: 01/18/21

Resident Since: 01/18/19

Edited September 3, 2021 by Tokenfreak

[Rocio0010 5,565]

9 minutes ago, Tokenfreak said:

So maybe both of our greencards are right?

You’re missing the point. Unless your interview is waived, USCIS never can’t approve a case without an interview. If they did, what would be the point of the interview?

Also, yes, it’s their mistake; but you have to stay on top of your immigration journey. 

[Tokenfreak 223]

1 minute ago, ra0010 said:

You’re missing the point. Unless your interview is waived, USCIS never can’t approve a case without an interview. If they did, what would be the point of the interview?

Also, yes, it’s their mistake; but you have to stay on top of your immigration journey. 

So USCIS made a mistake on my friends greencard too?  If so I wonder how many others they have made a mistake on then. Just seems strange to me my friend and I both would have mistakes on our greencards.

[HRQX 4,145]

1 minute ago, Tokenfreak said:

No way both of our greencards Resident SInce dates are wrong right?

USCIS made an error in both cases, but it's not a rare error. For example:

"After my approval, they effed up my card and listed the "Resident Since" date as the day we filed, which was more than a year prior to my actual approval."

 

"the dates as is on the greencard which are wrong and I’m not about to do ROC process with dates I know is in error."

[Rocio0010 5,565]

1 minute ago, Tokenfreak said:

So USCIS made a mistake on my friends greencard too?  If so I wonder how many others they have made a mistake on then. Just seems strange to me my friend and I both would have mistakes on our greencards.

If what you’re showing us is accurate, then yes, both are wrong. They marked “resident since” the date of your first NOA, but it should have been the day they approved your GC itself, either the same day of the interview or some Time later.

[Timona 3,943]

2 hours ago, Tokenfreak said:

So I just checked with my friend and  her Greencard is just like mine.

 

For reference here are mine and hers.  No way both of our greencards Resident Since dates are wrong right?  

 

Mine:

I-485 Approval Letter

Received Date: 11/29/2018

Notice Date: 02/19/2019

 

Interview Date: 02/19/2019

 

Greencard

Expiration: 11/29/20

Resident Since: 11/29/18

 

My Friend:

I-485 Approval Letter

Received Date: 01/18/2019

Notice Date: 04/08/2019

 

Interview Date: 02/13/2019

 

Greencard

Expiration: 01/18/21

Resident Since: 01/18/19

 

To make it short, residence since cannot be before your physical or waived interview date. 

[Rocio0010 5,565]

2 minutes ago, Timona said:

 

To make it short, residence since cannot be before your physical or waived interview date. 

Right. If that were the case, it would absolutely defeat the purpose of the interview.

[Tokenfreak 223]

8 minutes ago, ra0010 said:

Right. If that were the case, it would absolutely defeat the purpose of the interview.

Yeah I understand that. I figured once you are approved at the interview though they back date it to the receive date. Since you don’t actually get the green card until sometime after the interview anyways.

 

It’s just weird me and now 2 of my other friends green cards are all the same way.

[HRQX 4,145]

11 minutes ago, Tokenfreak said:

I figured once you are approved at the interview though they back date it to the receive date.

Nope. Only five categories are allowed a "rollback" date by law and K-1 AOS is not one of them: https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

• A noncitizen admitted under the Cuban Adjustment Act (CAA) is generally an LPR as of the date of his or her last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later.^[11]

• A refugee is generally considered an LPR as of the date of entry into the United States.^[12]

• An asylee is generally considered an LPR 1 year before the date USCIS approves the adjustment application.^[13]

• A parolee granted adjustment of status under the Lautenberg Amendment is considered an LPR as of the date of inspection and parole into the United States.^[14]

• A principal applicant granted adjustment of status based on the Liberian Refugee Immigration Fairness (LRIF) provision of the Fiscal Year 2020 National Defense Authorization Act is an LPR as of the date of his or her earliest arrival into the United States or as of November 20, 2014 (if the principal applicant cannot establish residence earlier). An eligible family member granted adjustment of status under LRIF is an LPR as of the date of his or her earliest arrival in the United States or the receipt date of his or her adjustment application (if the eligible family member cannot establish residence earlier).^[15]

Edited September 4, 2021 by HRQX

[Chancy 6,233]

Just want to correct my post earlier, after finding new information.  Posting here for everyone's reference --

 

7 hours ago, Chancy said:

There is no such thing as backdating a GC to a date prior to filing AOS.  It's against US immigration law.

... is not accurate.  There are actually provisions in INA that specify a "rollback" date for certain classes of immigrants!  But K1 visa holders adjusting status is NOT one of them.  (@Tokenfreak, your GC really has the wrong dates, sadly.)

 

Effective Date of Permanent Residence -- https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

 

Quote

 

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]

 

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 noncitizen admitted under the Cuban Adjustment Act (CAA) is generally an LPR as of the date of his or her last arrival and admission into the United States or 30 months before the filing of the adjustment application, whichever is later.^[11]
• A refugee is generally considered an LPR as of the date of entry into the United States.^[12]
• An asylee is generally considered an LPR 1 year before the date USCIS approves the adjustment application.^[13]
• A parolee granted adjustment of status under the Lautenberg Amendment is considered an LPR as of the date of inspection and parole into the United States.^[14]
• A principal applicant granted adjustment of status based on the Liberian Refugee Immigration Fairness (LRIF) provision of the Fiscal Year 2020 National Defense Authorization Act is an LPR as of the date of his or her earliest arrival into the United States or as of November 20, 2014 (if the principal applicant cannot establish residence earlier). An eligible family member granted adjustment of status under LRIF is an LPR as of the date of his or her earliest arrival in the United States or the receipt date of his or her adjustment application (if the eligible family member cannot establish residence earlier).^[15]

 

@Tokenfreak -- based on this, your GC should have listed the date USCIS approved your AOS as your "Resident Since" date, as your applicant classification is not one of the exceptions listed above.  If your friend also adjusted status based on a classification not listed in the exceptions, then her GC also has the wrong dates.

 

I recommend you follow @HRQX's advice on seeking a refund of your ROC filing fee due to USCIS error and filing your I-751 package again.

 

[Rocio0010 5,565]

17 minutes ago, Tokenfreak said:

Yeah I understand that. I figured once you are approved at the interview though they back date it to the receive date. Since you don’t actually get the green card until sometime after the interview anyways.

 

It’s just weird me and now 2 of my other friends green cards are all the same way.

 No, not how it works. Your friends should be concerned, too. 

[Chancy 6,233]

3 minutes ago, HRQX said:

Only five categories are allowed a "rollback" date by law and K-1 AOS is not one of them:

 

You beat me to it by a couple of minutes!   I really shouldn't obsess so much about formatting my posts

 

[mushroomspore 3,043]

14 hours ago, Tokenfreak said:

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?

Lol they misprinted so many cards back in 2017-2018 that they had to do a big recall. Mine had the same error. It's our responsibility to double check our own documents.

[Adventine 3,187]

3 hours ago, mushroomspore said:

Lol they misprinted so many cards back in 2017-2018 that they had to do a big recall. Mine had the same error. It's our responsibility to double check our own documents.

 

Out of curiosity, I went and looked in the USCIS archives. Here's the news about 8,500+ green cards recalled because of incorrect "Resident Since" dates:

 

https://www.uscis.gov/archive/uscis-to-recall-incorrectly-dated-green-cards

 

Who knows how many more incorrect GCs are still out there...

 

 

[Rocio0010 5,565]

48 minutes ago, Adventine said:

 

Out of curiosity, I went and looked in the USCIS archives. Here's the news about 8,500+ green cards recalled because of incorrect "Resident Since" dates:

 

https://www.uscis.gov/archive/uscis-to-recall-incorrectly-dated-green-cards

 

Who knows how many more incorrect GCs are still out there...

 

 

Oh boy. And to think that I’d be fired from my job for a much less serious offense…