The only problem is the filling fee. On my interview IO went with my GC date and checked it with N-400 for accuracy.If it was wrong date on it he wouldn't know and I am assuming that he hadn't checked it already with my file before interview and it appeared to me that he had not but I can not 100% conclude this.
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When can we file for citizenship: GC date confusion.
- Thread starter Anya4ever
- Start date
Applicants shoule realize any discrepancy. Otherwise if GC display wrong
gender, dies it mean you can put that wrong gender on N400?
And how exactly can an applicant realize a discrepancy if they didn't keep NOA?
In the OP's case it's pretty obvious that the dates are way off..especially since the physical GC was received just before NOA. However, in the case where the dates were off by only a few weeks or months, an applicant shouldn't have to dish out $675 twice for a USCIS error. At the very least, an informal appeal process should recover the costs for the applicant.There is no chance that an appeal or court decision will tell USCIS to treat this case as if it were approved on November 2004. Zero. Nada.
If the "resident since" date was in 2006 or 2007, there is the possibility that USCIS could have approved it back then and failed to notify the OP. However, with GC date = filing date, and asylee backdating is not applicable, the GC date is obviously wrong and anybody will look like a fool trying to convince the court that the GC date should be used as the basis for naturalization eligibility. This is not the days of Ellis Island, when people were fully processed for LPR status in the same day.
FOIA takes way too long to confirm what an IO can otherwise easily verify at Infopass.Most likely it must be a mistake but I would file FOIA request and review all paperwork on my file since it might give you an idea what was going on and you will be able to conclude why this has happened and if there are any doubt will consult with an attorney having the file on hand.
And how exactly can an applicant realize a discrepancy if they didn't keep NOA?
By actually looking at the card and verifying that all the information is correct.
If you just got approved for LPR and your card says that you've been a permanent resident for several years already, it is a good indication that something is wrong.
And how exactly can an applicant realize a discrepancy if they didn't keep NOA?
They should not have missed this discrepancy is difference is several years in case of OP's husband
FOIA takes way too long to confirm what an IO can otherwise easily verify at Infopass.
Agreed, FOIA also increases the chances of your A-File being misplaced (they send the file to DC).
What would the OP be trying to ascertain at the infopass? Whether her husband became a Permanent resident in 2009 or 2006? She already knows the answer.
Sounds like a wasted trip to me.
Even if InfoPass screws up and says 'date on the GC', the adjudicating IO is not bound by it. (they have the copy of the NOA on top of that file as it is the last document they mailed out to OP's husband)
Jackolantern
Registered Users (C)
I agree that if the discrepancy is minor, AND the sequence of events is such that a reasonable person could not have known the GC date is wrong, that USCIS should refund the fee or allow refiling for free.In the OP's case it's pretty obvious that the dates are way off..especially since the physical GC was received just before NOA. However, in the case where the dates were off by only a few weeks or months, an applicant shouldn't have to dish out $675 twice for a USCIS error. At the very least, an informal appeal process should recover the costs for the applicant.
But that is not the case here. If the GC date is before the first fingerprinting or interview date, or before the last time one entered the US with Advance Parole or H1/H4 (without the POE officer telling you of the GC approval), or before the filing date of the last EAD or AP that was issued to you, the reasonable and logical conclusion is that the GC date is wrong. You might not know what the correct date is, but based on certain sequence of events you can usually figure out if the GC date is wrong. And if you logically should have realized it was wrong, there should be no refund or free refiling.
My suggestion was in reference to cases with minor discrepancies in resident since date, not specifically the OP's case.What would the OP be trying to ascertain at the infopass?
sanjoseaug20
Registered Users (C)
Whats the better way to ask CIS, in your opinion- Infopass or calling the customer service?
Whichever way you do, the idea is to get to speak to an officer rather than 1st level customer service. Pure customer service will not be able to do much except read from a computer. You can do INFOPASS. It always helps when you reach a knowledgeable person. Another thing ... while you do INFOPASS in parallel, you said you have filed your N400 - talk to your IO after the interview is over ... I am taking it that it is not something which has to be resolved overnight, and depending on how good / bad your IO is, you might get some help there.
By actually looking at the card and verifying that all the information is correct.
If you just got approved for LPR and your card says that you've been a permanent resident for several years already, it is a good indication that something is wrong.
The OP's case is an extreme example..I'm not referring to extremes..I'm referring to cases were the date is off by only few weeks, not years.They should not have missed this discrepancy is difference is several years in case of OP's husband
Agreed, FOIA also increases the chances of your A-File being misplaced (they send the file to DC).
Talking about FOIA request, what is personnel-related FOIA request?
2. Personnel-related FOIA requests: Effective October 1, 2009, please send personnel-related FOIA requests to the address above.
http://www.uscis.gov/portal/site/us...toid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD
Either it's for USCIS personnel FOIA requests (ex: to request names of personnel at at DO) or it's a typo and should be personal related FOIA request.Talking about FOIA request, what is personnel-related FOIA request?
2. Personnel-related FOIA requests: Effective October 1, 2009, please send personnel-related FOIA requests to the address above.
http://www.uscis.gov/portal/site/us...toid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD
Either it's for USCIS personnel FOIA requests (ex: to request names of personnel at at DO) or it's a typo and should be personal related FOIA request.
so CA-person (the OP of that abusive IO thread) can file a personeell-related FOIA request to get information
about that IO?
I think John Grisham should write his next legal thriller in immigration laws
Depending on what USCIS really means. I think they mean personal FOIA request to request your own case information.so CA-person (the OP of that abusive IO thread) can file a personeell-related FOIA request to get information
about that IO?
Depending on what USCIS really means. I think they mean personal FOIA request to request your own case information.
If you google personnel-related FOIA, you can find it seems one can indeed ask for information related to a particular government emploees