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backdated GC for more than one year
- Thread starter go2bk
- Start date
go2bk said:My frined just got her plastic GC (ND 12/99). Her GC is backdated to October 2003, which one and half year backdate. Is it typical (By law, CIS back date only for one year.)
go2bk, was this her first approbal of 485? My ND is also 12/99, and I hope I will also get the plast GC. Did s/he submit electronic photos, or anything else? This information will help me stop worrying!
Thanks,
Gino
That must be the time when she received her approval. They do not backdate from the day you receive your plastic card; they do it from the date you receive your approval. Did she get her approval on October 04?go2bk said:My frined just got her plastic GC (ND 12/99). Her GC is backdated to October 2003, which one and half year backdate. Is it typical (By law, CIS back date only for one year.)
shamshon said:That must be the time when she received her approval. They do not backdate from the day you receive your plastic card; they do it from the date you receive your approval. Did she get her approval on October 04?
Shamshon: your interpretation makes sense. Yes, she got the approval by October 2004. Now, I learnt that the approval date a major milestone than receiving the GC.
I will check the other questions raised above and get back my findings.
go2bk
Alex_e38 said:It is not by law that USCIS backdates one year but by their will.
They can choose to backdate it to the application date if they want to.
Alex
Hi Alex -
It is not by whim - actually the Attorney General designates the backdating of both Asylee and Refugee greencards. It is included in the Nebraska Immigration Adjudicator Handbook. I believe there is a copy out there on CIS.gov
I know
LolaLi I didn't express myself clearly. I didn't mean that some low level USCIS officer decides to backdate one year and that he can choose if he wants to backdate by more. What I meant is that it is not a law as sugested but an internal USCIS rule set by Attorney General as you said. He can choose to change it anytime he wants, he doesn't need the legislators or anyone to change any law. It is completely in his domain of jurisdiction to change the guidelines to USCIS and order the backdating to be two years forn example.
Alex
LolaLi I didn't express myself clearly. I didn't mean that some low level USCIS officer decides to backdate one year and that he can choose if he wants to backdate by more. What I meant is that it is not a law as sugested but an internal USCIS rule set by Attorney General as you said. He can choose to change it anytime he wants, he doesn't need the legislators or anyone to change any law. It is completely in his domain of jurisdiction to change the guidelines to USCIS and order the backdating to be two years forn example.
Alex
Here is what the Law reads regarding back dating
Sec. 209.2 Adjustment of status of alien granted asylum:
(f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105).
Sec. 209.2 Adjustment of status of alien granted asylum:
(f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105).
hampton8844
Registered Users (C)
bornTwice said:Here is what the Law reads regarding back dating
Sec. 209.2 Adjustment of status of alien granted asylum:
(f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien's right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105).
The backdating standards (different for asylees and refugees by the way) are mandated by Congress. It is part of the immigration law.