Green card approved in error !!!!

[chitti007]

I am surprised why they asked you to return the card.
If they have reversed their decision, the card is of no use anyways.
(unless you try to use it for identification or employment or any other purpose, at which point you will be violating the law).

The more important question is, do you have to go thru hoops to make sure that your status at the time of wrongful approval is what your status is right now?

What is the recourse if you already used the GC?

 

[duggils1]

Hi All,
The reason I was given was the visa numbers were not available though the officer who approved my application thought they were. Also I am hearing from a USCIS customer service rep that there are 1000's of such cases. They were trying a blame game also saying something about the Dept. Of State that caused this error.
This is not a fake concern. Thanks for all your replies.I have been back and forth on this with my attorney and USCICS and was caught up in that. Looks like the attorney is getting something in writing although they have not yet let me see it yet. Will keep you posted on how it goes.

Thanks,
Quickgcreq

quickgcreq: There are 1000s of cases approved in error like this?
Do you know if the time frame of these approvals is November '07?

The reason I am asking is because one of my friend's case was approved in Nov and I don't believe his PD was current at that time. I am not sure if I should warn him on this because he might think I am causing panic.

 

[Green_Always]

These USCIS / US Immigration Process has no logic and does not makes sence at all.

 

[sfmars]

it may be true for India

It is almost time for FY2007 report from DoS.

I believe USCIS have approved more Indian I-485 than 7% of country cap quote, that's why they are trying to adjust statistics by revoking green cards which were approved.

It is only my version and not an official one !!!!!

 

[pdve]

Impact of reversing GC approval

Does USCIS take responsibility of reversing GC process?
Its not simple as If GC is approved by error then USCIS will cancel the card and Its no longer valid anyway.
1)What about the SSN (atleast for spoue & kid ) that you get based on GC?
2)Any employement primary or principal started based on GC? like second Job for primary or business ? New job for spouse etc?
3)Accepted promotion and job description & title change?
4)What about you stopped renewing your EAD, H1, AP because of approved GC?
5) GC already used for travelling abroad purposes?
6) Getting married and moving on with life.

I think people take many decisions based on the fact of GC approval, How USCIS proposes to rectify all of that. They should keep quiet for these approvals wether the PD / quota was available or not unless they found wrong Info on application or law were violated from applicants side.

 

[knowDOL]

7% is a soft cap which means, at the end of fiscal year (between July-Sep every year) if there were numbers available from ROW (Rest of Wrold) the retrogressed countries such as India, China, Phillipines can get more visas than the specified 7%. Thats why countries such as India and CHina were getting more visas between July-Sep.

and pdve is right. We can sue USCIS and win case easily if they tried to cancel the already issued GC as there will be lot of financial and emotional distress to card holder.

quickgcreq, if you feel the attorney you are talking is not on your side but taking USCIS side or your company side. you can try finding another attorney, who can understand your situation. If your spouse is already working based on GC, you may have a good reason to refuse to return the card and for suing USCIS in the long run.

It is almost time for FY2007 report from DoS.

I believe USCIS have approved more Indian I-485 than 7% of country cap quote, that's why they are trying to adjust statistics by revoking green cards which were approved.

It is only my version and not an official one !!!!!

 

[sfmars]

It is not Right

7% is a soft cap which means, at the end of fiscal year (between July-Sep every year) if there were numbers available from ROW (Rest of Wrold) the retrogressed countries such as India, China, Phillipines can get more visas than the specified 7%. Thats why countries such as India and CHina were getting more visas between July-Sep.

7% country quote can be exceeded ONLY when ROW is current. It was discussed million times on this forum.
As you know by the end of FY2007 (September) each EB category, including EB1 ROW was unavailable, although USCIS continued to approve cases in September and October may be in November too , which were counted as cases for FY2007 (although October 2007 is FY2008).
They allocated visa numbers for cases at end of June 2007 and continued approving process up to November 2007. I saw several cases whose PD was not current in Sep/Oct 2007 but got approved.

USCIS can even easily revoke your future citizenship if they find out that you got due to mistake/fraud or misrepresented yourself.

Why do you think they should care about you financial losses and other problems ? The EB green card is the privilege for US employer but not yours.

 

[pdve]

As you mentioned correctly, USCIS can revoke GC if they found out that your GC was approved based on you lied in your application or committed fraud or misrepresented yourself.
But what about errors on their part, If cancelling GC is the answer then applicant is paying for USCIS mistakes, I am sure you can hold USICIS legally responsible and applicant should not take take punishment for crimes he did not commit..and I am not sure If they can revoke citizenship, never heard of it.

7% country quote can be exceeded ONLY when ROW is current. It was discussed million times on this forum.
As you know by the end of FY2007 (September) each EB category, including EB1 ROW was unavailable, although USCIS continued to approve cases in September and October may be in November too , which were counted as cases for FY2007 (although October 2007 is FY2008).
They allocated visa numbers for cases at end of June 2007 and continued approving process up to November 2007. I saw several cases whose PD was not current in Sep/Oct 2007 but got approved.

USCIS can even easily revoke your future citizenship if they find out that you got due to mistake/fraud or misrepresented yourself.

Why do you think they should care about you financial losses and other problems ? The EB green card is the privilege for US employer but not yours.

 

[sfmars]

As you mentioned correctly, USCIS can revoke GC if they found out that your GC was approved based on you lied in your application or committed fraud or misrepresented yourself.
But what about errors on their part, If cancelling GC is the answer then applicant is paying for USCIS mistakes, I am sure you can hold USICIS legally responsible and applicant should not take take punishment for crimes he did not commit..and I am not sure If they can revoke citizenship, never heard of it.

Country quotes numbers is the LAW which was approved by US congress, even if you sue USCIS there is no any judge in US who can say "OK this was not right, USCIS made a mistake, the individual can keep green card, ... although it is against the LAW"

IMHO, in case of their mistake the only thing you can get from them (if you file lawsuit) is restoration of AOS pending status and maybe interem benefits for free (EAD,AP) and possible expenses for lawyer.

 

[Zgreen]

I think sfmars is right on. There have been many cases where the court didn't agree with what USCIS were doing, but couldn't do anything unless they broke the law. One example was Rajiv's lawsuit a few years ago on green card delays.

You can, however, ask for things like fee waivers and definitely waiver of unauthorized employment penalty, because it was the USCIS' error, if it just so happened that your EAD and H1 both expired after receiving such GC. Make sure everything is in writing.

Even before the July VB fiasco, I won't be surprised if USCIS issued many green cards in error given the sheer volume of applications they process each year, and they are not an error-free government agency to begin with.