5 years since?

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calialva

Registered Users (C)
I got my Green Card on 2011 after a few years of paperwork through I-140 (Approved Labor Certification) after which I applied for a I-485. My Green Card states that I am a "resident since 2007", even though it was only issued in 2011:

1.- Can I apply for Citizenship in 2012?
2.- I have been legally in the US since I came in 2001( through a H1B1 visa) and have reported my taxes every year since I've been in the US. My Green Card paperwork took so long, & the sponsoring company could no longer hire me. Does it affect negatively the fact that I never worked for the original sponsorship company, affecting my income for the last two years?

Thank you very much.
 
calialva said:
I got my Green Card on 2011 after a few years of paperwork through I-140 (Approved Labor Certification) after which I applied for a I-485. My Green Card states that I am a "resident since 2007", even though it was only issued in 2011:
1.- Can I apply for Citizenship in 2012?
2.- I have been legally in the US since I came in 2001( through a H1B1 visa) and have reported my taxes every year since I've been in the US. My Green Card paperwork took so long, & the sponsoring company could no longer hire me. Does it affect negatively the fact that I never worked for the original sponsorship company, affecting my income for the last two years?
Click to expand...

1. What is the approval date on your notice of action letter from USCIS for your I-485 application state? Does the date on the approval notice match the date on your Card? If not, i would suggest you contact USCIS. Do not assume that whatever the date on your Card is, corresponds to the date USCIS has in their systems. An error in the printing of your card is entirely possible.

2. It could be a problem that you never worked for the company, but with reasonable explanation and evidence you should be fine.
 
Dates

My I-797 (Notice of Action) has 2 dates:
1.- Receipt date: October 2008
2.- Notice Date : July 2011
Also, would you recommend that I use a Lawyer for Citizenship paperwork?
Please advise.
 
calialva said:
My I-797 (Notice of Action) has 2 dates:
1.- Receipt date: October 2008
2.- Notice Date : July 2011
Also, would you recommend that I use a Lawyer for Citizenship paperwork?
Please advise.
Click to expand...

It is the Notice date that is relevant. Looks like you have a problem. The Notice date is different than the date on the Card. I recommend you contact USCIS via an InfoPass appointment or call them to discuss. I highly suspect that your Card has a print error on it and that the USCIS systems have your July 2011 date as the start date of your time as a Permanent Resident.

You do not need a lawyer for the citizenship application. But you need to get this date sorted out with USCIS. Do not apply for citizenship with the thinking that the 2007 date is the start date of your Permanent Residence - because it is highly likely it is a printing error.
 
calialva said:
My I-797 (Notice of Action) has 2 dates:
1.- Receipt date: October 2008
2.- Notice Date : July 2011
Also, would you recommend that I use a Lawyer for Citizenship paperwork?
Please advise.
Click to expand...

Looks like an error then on your green card and it has to be corrected. I would suggest to schedule an infopass appointment at your local USCIS office and talk to an agent. Do not apply for citizenship before this error has been corrected.
 
calialva said:
I got my Green Card on 2011 after a few years of paperwork through I-140 (Approved Labor Certification) after which I applied for a I-485. My Green Card states that I am a "resident since 2007", even though it was only issued in 2011:

1.- Can I apply for Citizenship in 2012?
Click to expand...
No. A typo on the card doesn't allow you to apply earlier than you're eligible. If you apply in 2012 they'll catch the mistake and reject your application. You have to wait until 2016 to apply.

2.- I have been legally in the US since I came in 2001( through a H1B1 visa) and have reported my taxes every year since I've been in the US. My Green Card paperwork took so long, & the sponsoring company could no longer hire me. Does it affect negatively the fact that I never worked for the original sponsorship company, affecting my income for the last two years?
Click to expand...
At the time of green card approval in 2011, were you working for another employer (or at least had a job offer) in a job that was "same or similar" to the job the original employer sponsored you for? If not, your green card is in jeopardy.
 
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nwctzn said:
Looks like an error then on your green card and it has to be corrected. I would suggest to schedule an infopass appointment at your local USCIS office and talk to an agent. Do not apply for citizenship before this error has been corrected.
Click to expand...

It's not necessary to replace the card before applying for citizenship. But it is important to use the notice date of the I-485 approval as the basis for calculating 5 years of residence, and not the obviously erroneous "residence since" date on the green card.
 
It appears to be an error by USCIS. Once you confirm that, you can file an I-90 without any fee. Like everybody suggested, do make an InfoPass appt. in order to sort things out. They might be able to order a new card without making you file the I-90. Then again, they might not. It would be a smart move to bring a valid passport to an Infopass appt. so you can get an I-551 stamp with the correct information in it about your status.
 
BigJoe5 said:
It appears to be an error by USCIS. Once you confirm that, you can file an I-90 without any fee.
Click to expand...

The trouble is that even though it is a USCIS error, they (USCIS) are very resistant to replacing the card without a fee if the individual doesn't file I-90 or otherwise seek to correct it within the first 2-3 months after card issuance. In effect, they take the lack of timely action to be the individual's implicit agreement that the card has correct information.

Right or wrong, that's what people have been through if they try to get their card corrected several months or years after issuance. Similarly, I wouldn't be surprised if somebody found themselves having to pay for a corrected naturalization certificate if they first alerted USCIS about the error 6+ months after the oath.
 
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Perhaps you are the the luckiest person on this forum..... :p

calialva said:
I got my Green Card on 2011 after a few years of paperwork through I-140 (Approved Labor Certification) after which I applied for a I-485. My Green Card states that I am a "resident since 2007", even though it was only issued in 2011:

1.- Can I apply for Citizenship in 2012?
2.- I have been legally in the US since I came in 2001( through a H1B1 visa) and have reported my taxes every year since I've been in the US. My Green Card paperwork took so long, & the sponsoring company could no longer hire me. Does it affect negatively the fact that I never worked for the original sponsorship company, affecting my income for the last two years?

Thank you very much.
Click to expand...
 
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