GC not back dated. date is approval date!

J

jonny1

Registered Users (C)
I got my GC in mail based on asylum after interview I had 3 months ago. My GC shows resident since 04/21/2009 which is the same date of approval letter I received.
I filed it in around 05/2008. To my knowledge GC for asylees should be back dated to the year it was filed.

If I am still right and date should be 2008. wha should I do about and who to contact?
make info pass at local USCIS center or call the 1800 number ?

thanks
 
jonny1 said:
I got my GC in mail based on asylum after interview I had 3 months ago. My GC shows resident since 04/21/2009 which is the same date of approval letter I received.
I filed it in around 05/2008. To my knowledge GC for asylees should be back dated to the year it was filed.

If I am still right and date should be 2008. wha should I do about and who to contact?
make info pass at local USCIS center or call the 1800 number ?

thanks
Click to expand...


your understanding is correct to the extent that it should be backdated to one year before approval not the year the application was filed. Example, if the case is approved today the residence since date should be April 30, 2008.

This mistake is common when the case is approved by the district office because district offices are not familiar with this special rule.

you can try either the 800 number or an INFO pass stop. They are probably going to tell you that you need file an I-90 (at no cost).
 
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i just called the 800 number and they say they don't backdate for asylees but for refugees.

so RESIDENT DATE ON GC FOR ASYLEE is the date it was approved and not back dates he said.

he doesn't sound familier with asylum law at all.

I need USCIS official rule document in writing that says GC should be backdated for asylees.

anyway has that?

so if i have that, i cna take it to infopass and show it to the USCIS agent to correct the date on my GC other wise they too would say NO the date is correct on your GC .

when I went to pick up I-94 for asylum in 2007, the info pass agent wrote asylum I-94 expires in 2008. I argued but he said he is right. so ned proof
 
Last edited by a moderator:
jonny1 said:
i just called the 800 number and they say they don't backdate for asylees but for refugees.

so RESIDENT DATE ON GC FOR ASYLEE is the date it was approved and not back dates he said.

he doesn't sound familier with asylum law at all.

I need USCIS official rule document in writing that says GC should be backdated for asylees.

anyway has that?

so if i have that, i cna take it to infopass and show it to the USCIS agent to correct the date on my GC other wise they too would say NO the date is correct on your GC .

when I went to pick up I-94 for asylum in 2007, the info pass agent wrote asylum I-94 expires in 2008. I argued but he said he is right. so ned proof
Click to expand...

The 800 number person is not correct. Refugees' GCs are backdated to the date they first entered the United States as refugees. For asylees the card is backdated exactly one year before actual approval. This is spelled out clearly in both section 209(b) of the INA and DHS regulations.

You can simply file an I-90 to request a correction.
 
Section 209(b) of the INA states:

The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—


(1) applies for such adjustment,


(2) has been physically present in the United States for at least one year after being granted asylum,


(3) continues to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee,


(4) is not firmly resettled in any foreign country, and


(5) is admissible (except as otherwise provided under subsection (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. Upon approval of an application under this subsection, the Secretary of Homeland Security or the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application.
 
The regulations (8 CFR 209.2(f)) say:

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....
 
thankful, can you put the USCIS words as attachment? so i can print and take it to infopass when I ask about backdating?
 
jonny1 said:
i just called the 800 number and they say they don't backdate for asylees but for refugees.

so RESIDENT DATE ON GC FOR ASYLEE is the date it was approved and not back dates he said.

he doesn't sound familier with asylum law at all.

I need USCIS official rule document in writing that says GC should be backdated for asylees.

anyway has that?

so if i have that, i cna take it to infopass and show it to the USCIS agent to correct the date on my GC other wise they too would say NO the date is correct on your GC .

when I went to pick up I-94 for asylum in 2007, the info pass agent wrote asylum I-94 expires in 2008. I argued but he said he is right. so ned proof
Click to expand...

I got approved in March 2009 and it was backdated one year.
 
jonny1 said:
OK, I FOUND IT, http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb816838a4
Click to expand...

Jonny1: I don't think you need to confuse yourself by calling the 1800 or making in fopass. These guys do not understand the details of the complexities of asylum. I have seen many individuals with the same situation. For example, in my case they backdated my greencard one year from the date of approval. Also I have seen other people in my situation whose greencard was not backdated. I think what you need is either just keep your greencard as it is or file form I-90 and ask for change.
 
The asylee GC is backdated 1 year beacuse the asylee can apply for permanent residence no earlier than 1 year after the asylum approval date. Doesn't really make full sense, because an asylee can wait even longer, so it would make more sense to backdate the GC to the date asylum was granted in any case. Also, processing doesn't occur immediately, so the 1 year backdating doesn't really match the waiting period for an asylee to apply for permanent residence.
 
well, I did what most would simply give up. first I found the law book word that says GC for asylees should be backdated one yera before approval date. second, i CALLED THE 1800 uscis number read them the sentences and told him thats what written in USCIS and thats what should be, he transfered the call to another agent, explained, asks for my A# tells me he has backdated the yera before. I told him I need the date corrected on the GC. he then tells me file I-90 and check box D and send back the GC.

I sent the GC back by mail today to USCIS missourie center which is from where I received the GC. I sent with the print of the USCIS words that says GC should be backdated in my case.

so lets see what I receive from them!

this matters cos I wont have to wait full 5 years to file citizenship. one year short looks good to me.
 
Hi! I have a question about my “resident since” date in my GC.

- I got asylum approval in May 2019.
- In May 2020 I filed for green card.
- In June 2021 I got my physical green card.
- The “resident since” date on my green card says 2020 though (2021 minus 1 year)
- Expiration date on my green card is 2031.
- Can I apply for citizenship this May 2025 since it will be 5 years from my “resident since” date as stated on my green card.
Or does the count start from the date I got the physical card which was in 2021.

Could you please help me clarify this? Called USCIS, consulted several lawyers but they all seem to have different answers and I am still confused on whether I should take action or not.
 
AnaCali22743 said:
Hi! I have a question about my “resident since” date in my GC.

- I got asylum approval in May 2019.
- In May 2020 I filed for green card.
- In June 2021 I got my physical green card.
- The “resident since” date on my green card says 2020 though (2021 minus 1 year)
- Expiration date on my green card is 2031.
- Can I apply for citizenship this May 2025 since it will be 5 years from my “resident since” date as stated on my green card.
Or does the count start from the date I got the physical card which was in 2021.

Could you please help me clarify this? Called USCIS, consulted several lawyers but they all seem to have different answers and I am still confused on whether I should take action or not.
Click to expand...
You can apply as early as April of 2025. Even though your received your green card on 2021 , Asylees are backdated one year .you can apply 90 days prior your 5th anniversary. Good luck you are almost there just share how is your citizenship process .
 
AnaCali22743 said:
Hi! I have a question about my “resident since” date in my GC.

- I got asylum approval in May 2019.
- In May 2020 I filed for green card.
- In June 2021 I got my physical green card.
- The “resident since” date on my green card says 2020 though (2021 minus 1 year)
- Expiration date on my green card is 2031.
- Can I apply for citizenship this May 2025 since it will be 5 years from my “resident since” date as stated on my green card.
Or does the count start from the date I got the physical card which was in 2021.

Could you please help me clarify this? Called USCIS, consulted several lawyers but they all seem to have different answers and I am still confused on whether I should take action or not.
Click to expand...
You can apply for citizenship 4years and 9months after the "resident since" date that shows your greencard.
 
Hi! Thank you so much for you reply! It means a lot to me that I can save a year and do this faster. Appreciate you! One more question: does USCIS know about this tire? Should I call and ask them to change the records? I have little trust in them because I called them and they did not tell me about the back date rule. They just told me my approval date was 2021 and that was it. I am so disappointed in their poor knowledge of immigration policies. Or maybe I got unlucky with whoever answered my call.
 
As long your green card issue date is 2020 , just send all require documents for citizenship no explanation needed. Please keep us posted once you apply to see how is the process and if they ask questions about your asylum case .
 
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