GC Approved when PD is not current

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desi_ka_gc

Registered Users (C)
Hello Folks,

I have an issue here, my wife's 485 has been pending at Texas Service center since Aug 2007. We received an email today informing that it has been approved. For a moment we felt happy but immediately we realized that her PD is not current and it looks like USCIS approved it by mistake.

Please check my signature for case details.

485 filed as follow to join based on principal applicant's GC approval.
PD: EB3/OCT 2001/INDIA

When my wife called USCIS, they told her that this application PD is current, hence it is approved. But I cant believe it, as per latest VB, EB3 for India is June 2001. How come they approve the case when PD is not current.

I will go to local office once I receive approval letter, meanwhile I want to know any similar cases out there what was the outcome? I'm wondering, did they approve it when PD was current and forgot to update the case status? Any thoughts?
 
There is a mistake. Either you made a mistake with entering the case number on USCIS web site, or the priority date is actually earlier than 10/2001 (it's a labor substitution, so maybe you haven't seen the original PD), or they sent the email by mistake. Or one of you was not born in India.

Wait for the actual card or approval notice before you conclude the approval is real.
 
I have heard of cases with no current PDs and 485 approved. CIS seems not to follow their own rules.
 
wait for the Card and dont take any action now. may be mistake or approved on the date your I-485 was approved or the PD may be wrong according to your posted info or may be mistake. wait for the Card then update us.
 
Hi Jackolantern & Ginnu,

Thanks for your replys, I have some update to share with you.

We have received Welcome Notice and Green Card yesterday. I guess my attorny might have received the approval notice.

When I reveiwed the Welcome Notice, I noticed that GC has been approved under EB2 (it is written as COA = E27). This surprised me because my case was filed under EB3.

I checked my approval notice (my GC issued in 2007), surprisingly my GC was also approved under EB2 (it is written as COA = E26), I did not notice this until today.

I have been in the impression that my case was a EB3 case, I checked my 485 receipt notice and it clearly says that mine was EB3 case.

My question is, how USCIS could approve EB3 case as EB2. My GC is based on LC Substitution (check my signature) and we never requested to port the category from EB3 to EB2.

So, as far as my wife's GC is concerned, approval looks valid based on my GC category.
 
If you applied in EB3, this means they made a mistake. They make many mistakes -- sometimes they deny people for erroneous reasons, this time they approved you for an erroneous reason.

If they notice the mistake within 5 years after the card is issued, they will send you a notice saying you should give back the card. If they do that, make sure to contact a lawyer ASAP, to ensure it is handled in such a way that your I-485 will be reinstated when they rescind your green card. Or if your PD is current when they notice the mistake, or your PD was current when your own card was approved in 2007, they should convert you to an EB3 green card instead of putting you back into pending I-485 status.

If they don't notice the mistake within the 5 year window, it will be too late to take back your card based on their mistake. Because once it passes the 5 year mark, they cannot revoke your card based on information they already had before your GC was approved. And obviously they knew you applied in EB3.

Did you see the I-140? Was it EB3 or EB2?
 
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I double checked my I-140 approval notice now, it is approved under EB3 [ Sec. 203 (b) (3) (a) (i) or (ii) ]. That means they approved my 485 under EB2 by mistake. However, when it was approved both EB2 and EB3 were current (July 2007 fiasco) for that PD.

If I inform USCIS about this mistake, would they be generous to accept their mistake and change my category from EB2 to EB3 and issue a new GC immd with correct category? Or do they cancel the GC and put me back on pending 485 because PD is not current now?

Now, since my wife's GC has been issued under EB2, It is clearly evident that USCIS just looks at principal's 485 approval notice to issue GC to derivatives.
 
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desi_ka_gc said:
If I inform USCIS about this mistake, would they be generous to accept their mistake and change my category from EB2 to EB3 and issue a new GC immd with correct category? Or do they cancel the GC and put me back on pending 485 because PD is not current now?
Click to expand...
Given that your PD was current in both EB3 and EB2 when yours was approved, I wouldn't volunteer anything to them about your own card. Your card was legitimately eligible for approval at the time. Bringing this to their attention could cause an unnecessary legal headache. If they handle it right, they're supposed to just convert you to an EB3 card, but knowing how they operate they might revoke your card and leave you with nothing, not even a pending I-485.

Your wife's card is another story. If you're going to notify USCIS of her situation, make sure you get a lawyer to help negotiate something with USCIS to ensure her I-485 will get put back into pending status instead of just leaving her with nothing. Of course, this could cause USCIS to become aware of your own situation, so you also have to prepared for that.

Whatever you do, don't just hand over either card just because they ask for it. Make sure you get a lawyer's assistance to ensure the handover happens in a way that ultimately preserves your GC (albeit in EB3) or reinstates your wife's I-485.
Now, since my wife's GC has been issued under EB2, It is clearly evident that USCIS just looks at principal's 485 approval notice to issue GC to derivatives.
Click to expand...
It only means that the particular individual(s) in USCIS only looked at the primary's 485 approval or GC without looking deeper into the file. Doesn't mean everybody in USCIS operates like that.
 
You are certainly in a unique situation.
I wish you good luck in whatever you do.

As notorious as INS is known to many of us, I think bringing this to their notice can certainly cause issues to both you and your wife's 485 (certainly they will revoke your wife's 485; since it is a derivative case, they almost might certainly review the primary case and revoke due to wrong classification). With proper lawyer assistance, I am sure they will put the case(s) back in the queue since it was no fault of yours.

Since your case is really old (OCT 01); and the PD was current during your 485 approval; again with proper lawyer assistance, it certainly seems like retaining your 485 approval with albeit EB3 classification is doable. Although, it might be a lot of work on part of the lawyer.

good luck.
 
desi_ka_gc said:
I double checked my I-140 approval notice now, it is approved under EB3 [ Sec. 203 (b) (3) (a) (i) or (ii) ]. That means they approved my 485 under EB2 by mistake. However, when it was approved both EB2 and EB3 were current (July 2007 fiasco) for that PD.
------------- Dont do anything and relax!!
If I inform USCIS about this mistake
----------do NOT inform. when they do mistakes they dont inform.
, would they be generous to accept their mistake and change my category from EB2 to EB3 and issue a new GC immd with correct category? Or do they cancel the GC and put me back on pending 485 because PD is not current now?
-------------------Do not inform.
Now, since my wife's GC has been issued under EB2, It is clearly evident that USCIS just looks at principal's 485 approval notice to issue GC to derivatives.
Click to expand...

Apply for your US citizenship AFTER you complete 5 years (not 3 months early) from the approval date on Card.
Good Luck!!
 
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