Possible Green Card Mistake

N

ndc121

Registered Users (C)
Hello!
I received my green card based on marriage to a USC. We went to the interview and were told that my name check was pending. Two months later it cleared and I received the green card. However, when I received it the PR since date was listed on the card as the date USCIS received my AOS application (3/06), not the date my I-485 was approved 6 months later (9/06).

I went to the local DO and they printed out their computer log for my A# and it showed a PR since date of 3/06 - just like the card. I explained what I thought the problem was and the IO looked at me like I was stupid and said everything is fine. I left it at that.

I applied for removal of conditions on PR in 1/08 (90 days before the expiration of my card) and that was approved no questions asked. The 10 year green card arrived and it had the same 3/06 PR since date that the previous green card had -not 9/06.

I've traveled on the green card without a problem. Now I'm coming to apply for citizenship and I'm not sure when to apply.

Any advice, thoughts or comments would be appreciated!!
Thanks!!
 
Since the date is 3/06 in their system and your card, that is the date I would go with....

But if you want to play it safe then wait another six months...
 
When you apply for citizenship they check things more thoroughly. They don't just look at one date in the system, they also look through the papers in your A-file. If you apply based on the date on the card and they catch the mistake, you will get rejected and have to reapply, which could cause you to waste several months because it might be as late as the interview when they catch the mistake. So just apply based on what you know the real date is supposed to be.
 
paulclarke1 said:
The official date is the date on your card.
Click to expand...
That is when there is no mistake on the card. When the date on the card is wrong, the official date is NOT the date on the card. Other people have tried to apply based on a mistaken date on the card and got caught at the interview.
 
I'm with jackolantern....if you know you were approved on 9/06 then you know the 3/06 date is incorrect. You tried to get it corrected but your attempts fell on deaf ears. Just wait until 90 days prior to the 9/06 date and apply. I wouldn't waste my time and money with "chance" - especially if we are talking 6 months or less.
 
Five years ago when I got my GC my name was spelt wrong and the LPR date showed that I got approved six months before I even applied for a change of status (I had a G visa). I went to NY DO to have the apparently typos/mistakes corrected. When I called attention to the wrong LPR date the clerk said not to worry because they would just take it as it appears on the card. However, I insisted to change the date as it didn't make any sense to me to have something approved before I even asked for it. After a month or so I got the second GC with the correct name and date of approval. And I think it was the right thing to do.
 
Even you put down a wrong date on your application, it will not going to hurt you much because you have the actual green card showing the date there. So if use the date on your GC, they will not going to say you give wrong information...case denied because that's the date you have on a government issued identification. It's not something you made up. You'll not have problems if you use the date printed on the GC.
 
bestpal said:
Even you put down a wrong date on your application, it will not going to hurt you much because you have the actual green card showing the date there. So if use the date on your GC, they will not going to say you give wrong information...case denied because that's the date you have on a government issued identification. It's not something you made up. You'll not have problems if you use the date printed on the GC.
Click to expand...
If all you do is take the date on the card and write it on the N-400, that may be OK. But if you actually go ahead and apply early based on the card date, they will reject the application if they catch the mistake and realize the application was filed too early. They will look through the paper files when you apply for naturalization, so they may notice that the card approval date is earlier than the AOS interview date, which doesn't make sense.
 
Thanks everyone for your replies.

I do wonder why they didn't notice the discrepancy when I applied for removal of conditions based on the earlier date. I suppose the possibilities are that they did not notice the discrepancy or that they did not review the I-485 file when considering the I-751.

My understanding is that there is piece of paper (I-181) that an IO fills out to create the LPR record. I assume that the date on that form is the earlier date. So I suppose it depends on whether the IO looks at that form or the entire file.

Assuming the IO does find out about the discrepancy, the next question would be what would the IO do. At the time of the interview, I would have met the statutory requirements for citizenship. However, I would have applied early. While they would normally say "you can't count - denied", since they induced an early application by printing the wrong date, the outcome might not be the same.
 
ndc121 said:
I do wonder why they didn't notice the discrepancy when I applied for removal of conditions based on the earlier date. I suppose the possibilities are that they did not notice the discrepancy or that they did not review the I-485 file when considering the I-751.
Click to expand...
I don't think they go through the old files in much detail (if at all) for I-751. At that point, their main concern is the current integrity of the marriage, not finding discrepancies that occurred years ago.

But they surely look through the old files when you apply for naturalization, and some people have run into trouble when the interviewer noticed a discrepancy in the pre-GC paperwork.

And even if they don't catch the mistake when you apply early, they can still revoke your citizenship if they catch it later (although they are unlikely to target you because it is their mistake and not a criminal conviction on your part).

While they would normally say "you can't count - denied", since they induced an early application by printing the wrong date, the outcome might not be the same.
Click to expand...
If they catch the mistake, I can guarantee you will be denied. They would be breaking the law if they knowingly allowed you to naturalize before you are eligible. The law says you need to complete X number of years, not that the date on a card needs to be X years ago, so they have to decide based on reality and disregard what a piece of plastic says when the plastic doesn't reflect reality.
 
Last edited by a moderator:
Jackolantern said:
If they catch the mistake, I can guarantee you will be denied. They would be breaking the law if they knowingly allowed you to naturalize before you are eligible. The law says you need to complete X number of years, not that the date on a card needs to be X years ago, so they have to decide based on reality and disregard what a piece of plastic says when the plastic doesn't reflect reality.
Click to expand...

I agree. What I meant is that by the time I attend the interview I will have met the statutory requirements for citizenship based on the plastic card and in reality (that is unless the interview is scheduled in record time). As such, approving the application wouldn't be contrary to what the law provides.

As far as I can see, allowing for an application to be submitted 90 days prior to eligibility is not part of title 8. Rather, it is discretionary executive allowance by USCIS that is not law.

So, as I see it, at the interview the issue would be even though I meet the requirements for citizenship based in reality, would the IO deny the application based on the early application even though it was their error that induced an early application.
 
Play it safe, safe, safe.- :D

ndc121 said:
I agree. What I meant is that by the time I attend the interview I will have met the statutory requirements for citizenship based on the plastic card and in reality (that is unless the interview is scheduled in record time). As such, approving the application wouldn't be contrary to what the law provides.

As far as I can see, allowing for an application to be submitted 90 days prior to eligibility is not part of title 8. Rather, it is discretionary executive allowance by USCIS that is not law.

So, as I see it, at the interview the issue would be even though I meet the requirements for citizenship based in reality, would the IO deny the application based on the early application even though it was their error that induced an early application.
Click to expand...
 
You must log in or register to reply here.
Top