back dating residence since date on a green card

T

ticher

Registered Users (C)
It has taken me 7 long years to get my green card , it was finally approved by a judge , my question is are they circumstances in which a green card can be back dated , by backdating I mean the residence since date or approval date .....
 
Sorry, it's too late. Even if backdating is possible, the request to backdate would have to be made during the proceedings, it can't be done after the fact (apart from the standard 1-year backdating of asylum cases, but that doesn't apply to you if you're asking about a family-based green card).
 
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Only asylum based GC's are backdated by 1 year.

ticher said:
It has taken me 7 long years to get my green card , it was finally approved by a judge , my question is are they circumstances in which a green card can be back dated , by backdating I mean the residence since date or approval date .....
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Lol,, Why the backdate? are there some benefits you are trying to reclaim?
you shuld be okay with the date. Its the actual date that you received your card, either conditional or ten years.
 
that,s not true guys.uscis does alot of miracles sometimes.i know someone who,s card got back dated as far as 4 years and is based on marriage,and the reason was his wife refused to go to the interview with him, so he got a deportation letter. he re-applied again based on abused reasons.they approved the case and backdate his card to the first interview date.
 
ticher said:
It has taken me 7 long years to get my green card , it was finally approved by a judge , my question is are they circumstances in which a green card can be back dated , by backdating I mean the residence since date or approval date .....
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I submitted my AOS in 2002 and got approved after 4 years in 2006. And I realized USCIS conveniently dated my receipt date (on the notice sent in 2006) as 2004. My GC is dated 2006 even though USCIS manipulated the receipt date (2004 instead of 2002). I didnt do anything about it and to this day I feel guilty of not trying to get GC backdates as this was definitely USCIS mistake in processing my application.

Bottomline is, if it bothers you, try to do something about it. Write letters, send proof of mess USCIS created along with those letters, ask nicely to get the GC backdated, whatever. Nothing may come out of it at the end of the day, but you know you tried. My 2 cents.
 
absrao said:
I didnt do anything about it and to this day I feel guilty of not trying to get GC backdates as this was definitely USCIS mistake in processing my application.
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Except in cases of asylum, USCIS has no ability to rewrite history.

It's no different than trying to get your birth certificate backdated because your mother had difficulties getting pregnant with you, or gave birth after 41 weeks instead of 39.
 
TheRealCanadian said:
Except in cases of asylum, USCIS has no ability to rewrite history.

It's no different than trying to get your birth certificate backdated because your mother had difficulties getting pregnant with you, or gave birth after 41 weeks instead of 39.
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Except, USCIS could rewrite history by moving my receipt date to 2004 (instead of 2002) when by their own account (and cashed checks etc) application was submitted in 2002. I guess they did it to show 'better' processing times of applications. And I am sure you would ask your birth certificate to be 'corrected' or backdated if your birthdate was incorrectly (and purposely) shown as later than actual.

All I am saying is (and there was a Thread to get something done about backdating), when USCIS screws up, they should fix up. And now we all know, how everything goes at USCIS.
 
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I will say if you wanna open another long case with USCIS,,, go for it..... and mind you any pending case limits your ability to proceed with any other fillings.....
If I was in you shoes, I will prioritize my needs and wants..etc.. and see what this backdate of a thing does and does not do for me, and then see if its worth the JUICE.......lol
I try to stay away as much as I can with arguing with USCIS,,,,,, one bad day with an IO can screw your process for 2 years.....lol..
Good luck.
 
Agree (partially). Backdating (or proper processing by USCIS) would have let me become citizen early and vote, which I wanted so badly. Enabled to apply for my parents and siblings etc.

I am not suggesting op go on arguments etc. But, we wouldnt be enjoying the customer friendly USCIS (that is today) , if everyone lay low. I believe those WOM cases and other events helped greatly in getting some sense into USCIS.

I do agree that, as others mentioned here, OP need to evaluate the cost, benefit and personal satisfaction and decide for him/herself.
 
absrao said:
Except, USCIS could rewrite history by moving my receipt date to 2004 (instead of 2002) when by their own account (and cashed checks etc) application was submitted in 2002. I guess they did it to show 'better' processing times of applications.
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You misunderstand; USCIS made an error moving things forward and you probably should have kicked and screamed when you saw it. But you're asking USCIS to make another factual inaccuracy, which they have no legal authority to do.

For you to have your PR date backdated by two years would be impossible, since your visa number was taken out of a different FY quota.
 
TheRealCanadian said:
You misunderstand; USCIS made an error moving things forward and you probably should have kicked and screamed when you saw it. But you're asking USCIS to make another factual inaccuracy, which they have no legal authority to do.

For you to have your PR date backdated by two years would be impossible, since your visa number was taken out of a different FY quota.
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Just for the discussion. Are visa numbers and FY quota relevant in marriage based AOS/I130 too ?
 
TheRealCanadian said:
You misunderstand; USCIS made an error moving things forward and you probably should have kicked and screamed when you saw it. But you're asking USCIS to make another factual inaccuracy, which they have no legal authority to do.

For you to have your PR date backdated by two years would be impossible, since your visa number was taken out of a different FY quota.
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LOL.. kick and screem, how about throw punches and nasty spanking.....lol..
You guys are killing me....
 
absrao said:
Just for the discussion. Are visa numbers and FY quota relevant in marriage based AOS/I130 too ?
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Quotas, no, but I imagine that you still get a visa number in an IR case - they need to track how many immigrants and immigrant visas were allocated each year.
 
Just realized something. I believe the A number has something to do with the visa number assigned. If thats the case, and my A number was assigned in 2002, USCIS technically has no issue with the stepping on visa quota by backdating. I am in naturalization process now and realize its too late (few years) to do anything about it now. Just for the sake of discussion and folks who come later here.
 
absrao said:
I believe the A number has something to do with the visa number assigned. If thats the case, and my A number was assigned in 2002, USCIS technically has no issue with the stepping on visa quota by backdating.
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The A number and the visa number are unrelated and can be assigned in different fiscal years. Sometimes the A# is issued before the visa number, and in other cases the opposite occurs.
 
I am going to sorta answer myself here. Did some research and there are sections of Immigration Regulations that state the following. There may be exceptions (such as the 1 year back dating on refugee), but mostly the following. Some other exceptions are way irrelevant to most of us like if you are from cuba and entered US on or before 1966 etc.

So I guess, current law provides no recourse for the USCIS 'mistakes' and yet allow USCIS claim the 'law' when it comes to dating LPR dates.


8 CFR 245.2
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(ii) Under section 245 of the Act. If the application is approved, the applicant's permanent residence shall be recorded as of the date of the order approving the adjustment of status.
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