Wrong PD printed on my I-485 approval notice and my wife's application got affected

J

jvilayanur

Registered Users (C)
Hi,

I had my green card 3 years ago base on EB2 application. My wife was pending due to name check not cleared at that time. Finally this year an immigration officer replied her email indicating her name check is cleared and just holding for visa available. Finally our pd became current at August. However, the officer told us, although base on my I140, our pd became concurrent, while my application was approved, I got a pd of July 2007, which was not making any sense to us, since that PD was based on my wife's I140 application. I went back look into my approval notice, found they mis-printed my approval date as my I485 receving date.

They didn't admit this is THEIR mistake, just asking us to send my green card back to correct it--which is their procedure to follow.

The problem is, I've having my card for 3 years, there's another 2 more years I am eligible to apply for citizenship, will this "correction" lose my 3 years?
I basically don't trust this officer since he only asked us to send the card back, the USCIS web showing there's a form I-90 needed to be filled up to correct the mistake if there's any. He just asked us to send the card back and attend to his name

Is there any risk? If I don't send it back, what will happen to my card and my wife's application? Can we sue them for the mistake? Any suggestion is much appreciated! Thanks!
 
DON'T send the card back if your actual PD was current when it was approved.

Are they saying your wife's PD is in July 2007, even though her real PD is some years before that? Is she the derivative on your EB2 case, or does she have her own I-140 and I-485 independent of yours?
 
I had a PD of Dec 2005, and my case was approved on Oct 2007 which my PD was current at that month. My wife had another I140 applied base on her labor certificate which had a much later PD.
The real problem is, when they print out the approval notice for my case, they put the wrong PD which was mixed up with the I-485 RD (they were printed the same). So IMO said I've got to send my LPR back for them to make the correction then got my wife's application processed.

Is there any risk if I don't send my card back? He called my lawyer said he will need my card back so that they could process my wife's application. However, my lawyer asked him send an email indicating the situation, while he did sent the email but put this term very vague, just asked for my card. It really concerns me if I can get my card corrected and received it.

Any idea? Thanks in advance!
 
Whatever you do, DON'T SEND BACK THE CARD. You might never see it again for a long time.

Send only a copy of the card, along with other documents to prove the correct PD, like the I-140 approval notice, and/or the approved labor certification. They don't need your actual card to fix the PD.
 
Thanks for the reply.

Today we went to our local immigration office to talk about this issue. The local officer originally said it's not usual to send the card back to get problem corrected. However, after he called the USCIS office to talk to that officer (GARZA), he came back said it's THEY process our case after all. He had a stamp on my passport, however, they never directly answered my concern, will I still remain the same PR since date? It's not only about when am I eligible to apply for citizenship, it's about what shall I explain my legal status for the past 3 years-- Given the condition my card's been sent out then sent back with the new card has a new approval date. Then what's my legal status for the past 3 years? There's no written evidence of all our conversation with this officer, I understand there's a personnel turn around in USCIS office, in case one day, I was asked to proof of my 3 years' legal status, I got nothing to show them other than a copy of my current LPR card.

What scares me is that the local officer even can't provide an information of what will happen with the card's "since date", and he's even asking me to let him know when I received my card safely...

Anybody here could give me any advice? In this situation, what will happen if I don't turn my current card in? Thanks all!
 
You are confusing me. What is wrong with your own card? I thought the problem is with the PD, which isn't even shown on the card.

If the information shown on your card is correct, DO NOT SEND IT BACK. They DO NOT NEED IT to correct the priority date. It seems they're trying to unapprove your case or give you a later approval date, instead of addressing the underlying issue with the PD and fixing it to be December 2005.

To correct the priority date, you need to deal with the service center that approved your case, not the local USCIS office who doesn't have the ability to fix your PD. Send them evidence of what the real priority date is -- copies of any government-printed documents showing the true PD, like your labor certification, your I-140 approval and/or receipt, and your I-485 receipt if it also shows the correct PD. Have your lawyer attach a letter explaining that the PD on your approval notice is wrong and asking them to fix the PD so your wife's case will be seen as current (and include a copy of your wife's I-485 receipt so they can make the connection to her case).

Now if something on your card is wrong, that's another story. If you see something on the card that is wrong, what is it?
 
Thanks for your reply. If I got you confused, I am sorry!

There is NOTHING printed wrong on my LPR card. I also called USCIS office, they said nothing related to PD will be carried on the LPR card. In another word, if it's only about the PD error, I do NOT need to send my card back.

Only excuse so far from officer was my PD was wrongly assigned which prevented my wife's case got approved. To get it resolved, I called USCIS and spoke to an officer. She said we don't have to send the card back. But once she heard officer Garza asked me to send the card back, she changed the attitude right away, said just do as her instruction...

Really concerned...
 
You need to deal with this in writing so it will get the proper attention and USCIS will take action. Send copies of the documents which have the correct PD along with a copy of your card and your wife's I-485 receipt, and a letter explaining the situation to the USCIS service center that handled your case (probably Texas), and they will fix it. Do this ASAP before retrogression happens again and her PD is no longer current.
 
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