backdating greencard .. 1 year from the approval date

I

immigrationque

Registered Users (C)
i got a question for people that already received their "GREEN CARD"
short story
asylum '96
applied '97
i-485 approved in '00 (took a year to recieve the card .. came on the same time with the approval latter ( i forgot the number i-181 if i am not mistaken ))

resident since '00 ... so my date was not backdated .... i call the 1800 number i am not sure the lady i talked to even understood me (chinese)
.... and went to local ins iio took my card and went in the back and told me she asked 3 people that said the same thing .. green card for asylee does not get backdated ......

please share your storie if u recieved ur green card already and .....the date got backdated or not thanx ....
 
i lost few hours at the local ins i guess i should've printed this

  • (f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105)

look for #10 http://www.usvisanews.com/wedquest110100.html
http://www.immigration.gov/lpBin/lp...mplates&fn=document-frame.htm#slb-8cfrsec2092
 
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Originally posted by immigrationque
i lost few hours at the local ins i guess i should've printed this

  • (f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105)

look for #10 http://www.usvisanews.com/wedquest110100.html
http://www.immigration.gov/lpBin/lp...mplates&fn=document-frame.htm#slb-8cfrsec2092
Click to expand...


IIOs are stupid, or act stupid unless you bring in a lawyer with you. I think you should print that notice out, highlight it and then show it to them. That's what I had to do when I went to apply for my unrestricted SS card.
 
Originally posted by immigrationque
i lost few hours at the local ins i guess i should've printed this

  • (f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105)

look for #10 http://www.usvisanews.com/wedquest110100.html
http://www.immigration.gov/lpBin/lp...mplates&fn=document-frame.htm#slb-8cfrsec2092
Click to expand...


it took me forever to convince this bureaucrat at the local office that my green card need to be backdated. My efforts were finally successful when i talked with his supervisor. the problem is they took my new plastic card adn i am still waiting. :(
 
thanx guys ... should i just apply for i-90( i have to send it to the service center anyways)
or make sure i convince the local ins that they do need to backdate with 1 year ...
 
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this is a little to much to handle .. i called again the national customer service ... and read that little paragraph( i was transfered to somekinda supervisor or iio ( the people answering the phones are not even iio i guess) .... and i was told that was up to the "DIRECTOR" .... and i can tell they get frustrated when u try to explain that they dont know or they wrong .. grrrrrrr i am a little confused and about to give up on this
 
Dude, don't try to explain it to the IIOs. Just print it out, take it to your local INS office and show it to them. By the way, even though it says it's up to the Director I havn't met any asylee GC holder who isn't backdated because the Director intervened.

Good Luck
 
Originally posted by immigrationque
this is a little to much to handle .. i called again the national customer service ... and read that little paragraph( i was transfered to somekinda supervisor or iio ( the people answering the phones are not even iio i guess) .... and i was told that was up to the "DIRECTOR" .... and i can tell they get frustrated when u try to explain that they dont know or they wrong .. grrrrrrr i am a little confused and about to give up on this
Click to expand...

Listen,

Do not waste your time with the 800 so-called customer service number. They know next to nothing.

Asylee's green card is effective one year before approval. This is the law of the land and no BCIS operator could overturn that.


If I were you, I would send your letter to your senator today and ask them to contact the BCIS for you.
 
immigrationque,

You may want to go to the INS office but I concur with Gilbert that you may just want to involve your senator's office. Senator's office have direct contacts in BCIS and since your case is a clerical error because of a mistake they can very easily assist you or find the right contact to get this corrected.

Regards,
 
Yeah, you should definitely go back to the locak INS office and show them the print out. And do not give up easily if one or two IIOs deny it. Let me share a friend's experience which I think is worthy of mentioning here:

He got his AOS approval through asylum status. But he changed his name after he was approved for asylum status. His SS card, Drivers License, all the letters from INS addressed to him, even the I-485 approval letter shows his new assumed name. Only the asylum approval letter and the I-94 shows his old name.
When he went to the INS office for stamping the first IIO he met told him that she cant stamp it because the name on the I-94 card and the name on the AOS approval letter doesn't match; even though the A#, the LIN #, DOB, and everything else matches. She told him to apply for a new I-94 card with the NSC which can take up to 8 months. He didn't like the answer so he contacted the local Asylum office to confirm this. Asylum office told him that as long as the A# matches and he can show a legal document that approves his name change he doesn't need to get a new I-94.
He went back to the local INS office and was handled by another officer this time. The IIO didn't even bring up the name change issue and stamped his AOS approval.

That is how badly messed up some of these IIOs are. If he'd listened to the first IIO he'd have to spend $100 and 8 months to get a new I-94 before his approval can be stamped. Some of these IIOs are not willing to help at all and interpret the laws accordingly to their misunderstood assumptions. Beware!
 
YOu wrote "i-485 approved in '00 (took a year to recieve the card .. came on the same time with the approval latter "

What does that mean? When exactly was your case approved?
 
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