N-400

J

jattindc1

Registered Users (C)
Hello Gurus,

This question is for Gilbert but anybody else have answer most welcome to post your views I will appreciate that.
Q: I was granted Asylum in 1996 applied for 485 in Feb 98, had interview at local office in Oct 1998 got approval letter in Oct 1998 from local office stated that I shouldreceive my GC with in Six months ,but received GC April 2002 . I'm looking to apply for Naturalization based on approval letter,I'm confused that am I eligible or I should go by date on GC which is FEB 2001.
Thank you in advance.
Al
 
The date on your GC is the correct one--which is also the one in CIS computer records.

If you go back to old posts in this forum, you will realize that asylum green cards are subject to the 10000 yearly limit. An I-485 filed in February 98 could not be approved 8 months later.

What happened probably was that the officer at the local office who handled your case did not know about the 10k limit and issued an approval notice by mistake. That mistake was caught and they never formally notified you. All they did was holding on to your green card until you were actually eligible.

So you will have to wait until 2006 to apply.
 
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Wow! they approved your asylum based I-485 in 8months? You must be in one of the categories that are exempt from 10k per year quota. I suggest you wait for a more reliable answer from Gilbert but my guess is that the date on the GC is what they use for N-400. And I can't believe it took 3yrs for the INS to send you the plastic card after approval. Longest wait I have seen for plastic card after approval (for all categories) is 1.5yrs max.
 
Originally posted by Gilbert
The date on your GC is the correct one--which is also the one in CIS computer records.

If you go back to old posts in this forum, you will realize that asylum green cards are subject to the 10000 yearly limit. An I-485 filed in February 98 could not be approved 8 months later.

What happened probably was that the officer at the local office who handled your case did not know about the 10k limit and issued an approval notice by mistake. That mistake was caught and they never formally notified you. All they did was holding on to your green card until you were actually eligible.

So you will have to wait until 2006 to apply.
Click to expand...

I know a person (not an asylee) who lost his GC and then applied for a replacement and CIS mistakenly backdated his Resident date to 2yrs before the actual date. Under the wrong date he would have been eligible for N-400 2 yrs ago. But he called them and notified the error because he didn't want to face any immigration fraud charges.
 
Originally posted by Gilbert
The date on your GC is the correct one--which is also the one in CIS computer records.

If you go back to old posts in this forum, you will realize that asylum green cards are subject to the 10000 yearly limit. An I-485 filed in February 98 could not be approved 8 months later.

What happened probably was that the officer at the local office who handled your case did not know about the 10k limit and issued an approval notice by mistake. That mistake was caught and they never formally notified you. All they did was holding on to your green card until you were actually eligible.

So you will have to wait until 2006 to apply.
Click to expand...

Could it also be possible that this person is in one of the categories that are exempt from 10k quota?
 
Hi everybody thanks a millions for your response and your valueable views .No i'm not exempted from category.Even after receiving my approval letter I kept calling NSC and kept visiting my local office they never told me about 10,000 Limit until in somewhere in 2001 .One more thing they stamped approved in approval letter and it was hand written as of 10/X/97.
But hear is a big one I called USICS 800 number and talked to a to a very nice and helpful lady she said samething the date on GC is a date of Resident,then I asked about the letter that means that does not mean anything and what about the passport stamping which they mention in the letter she put me on hold because she want to ask some more knowledgeable person,about 3 minutes later she came back and said you can apply on the basis on approval letter and she said you should apply last month.So go ahead and good luck.
Al
 
the approval notice is not relevant in your case

From time to time they make mistakes and enter the wrong date on the plastic card. But it is the date in the computer or file that controls. I believe that is the situation the operator refers to. For example, if I receive a valid approval today and receive a card that was effective next year, today is the controlling date. However, if that approval is invalid (as was in your case), today is meaningless.

The fact that they did not sent you the card means that they know they made an error.

Your original approval has no legal effect.
 
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Originally posted by JackIsBack
I know a person (not an asylee) who lost his GC and then applied for a replacement and CIS mistakenly backdated his Resident date to 2yrs before the actual date. Under the wrong date he would have been eligible for N-400 2 yrs ago. But he called them and notified the error because he didn't want to face any immigration fraud charges.
Click to expand...

They have the right date in the files.

I too would be wary of carrying a GC with incorrect information on it, especially in today's climate.
 
Originally posted by jattindc1
Hi everybody thanks a millions for your response and your valueable views .No i'm not exempted from category.Even after receiving my approval letter I kept calling NSC and kept visiting my local office they never told me about 10,000 Limit until in somewhere in 2001 .One more thing they stamped approved in approval letter and it was hand written as of 10/X/97.
But hear is a big one I called USICS 800 number and talked to a to a very nice and helpful lady she said samething the date on GC is a date of Resident,then I asked about the letter that means that does not mean anything and what about the passport stamping which they mention in the letter she put me on hold because she want to ask some more knowledgeable person,about 3 minutes later she came back and said you can apply on the basis on approval letter and she said you should apply last month.So go ahead and good luck.
Al
Click to expand...

The best way to test this is to submit an I-90 form to the CIS and ask the GC date be changed to your "approval date." If for some strange reason they really have the 10/98 date in the system, they will gladly send you a new card with the correct date. Otherwise they will return the form to you with an explanation.
 
BTW, did you already raise this question in a different thread a while back? Your screen name looks familiar. As I recall, you contacted a CIS service center and was advised officially that you would be eligible in 2005?

Let me know if my memory is right.
 
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Yes Gilbert I raised this issue in April this year in life after green card. I really appreciate your views and I 'm convinced with your views .Now I 'm thinking to apply for I-90 let's see what happens,but one little concern that it takes them almost a year to fix this and I will not have my GC,what should I do? Just a photocopy will work?Please advice.
Thanks
Al
 
Originally posted by jattindc1
Hi Gilbert please respond
Click to expand...

I do not come here every day.

You wrote in April "I already got my application back from Vermont office with a letter stating Not eligible till Nov 21 2005."

I assume you submitted a N400 and had it returned to you. If so, I would consider the matter closed. They already reviewed your situation and they take a dim view of people who pester them unnecessarily.
 
Thanks for replying.
My question is even after reterning the application from VSC ,Is this is a good idea to apply for I-90.
Thanks.
Al
 
jattindc1,

In my humble opinion it does not like a good idea because it seems like they already have looked at your file and what the service center communicates via letter is much more credible versus what someone who maybe or may not be qualified has said over a phone call that you have no way of proving....

Regards,
 
Thanks for your response Rasylee,
My point was If I can go to my local office and show them the letter and tell them about the whole story what I loose.Your valuable views are always welcome
Thanks
Al
 
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