Resident Since Date

S

sourcefactor

Registered Users (C)
Folks Hi,

Finally I got my EB1EA approved last week and recieved the cards. I have one question though: the Permenant Resident Since date on my GC shows a month earlier then when my I485 is originally approved. So my 485 was approved on 3/15/06 and my PR since date says 2/15/06? should I be concerned?

I appreciate your comments ... suggestions

SF
__________________
 
Your "resident since" date should match the approval date of your 485. It's possible that the month difference is a typo -- it would be wise to check with your local DO and file for an I-90 replacement if they screwed up. If it's an error it could cause issues down the road with Citizenship applications, or less likely, issues at a POE.
 
Dunno about that. Mine is almost 6 months before the I-485 approval notice. Talked to the officers, they say that the date on the card (resident since) matches the date in their system, so everything seems kosher here. Sourcefactor - could you please update if you find out more? Is it TSC or some other center?

Cheers!

Shrek
 
Call the service center

I called the VSC and talked to the agent about it. She said that I need to file I90 and get this corrected. I asked her that since I have plans for travel she said that I can do it after I come back? have anyone traveled on this kind of situation. A friend of mine had an issue where his date is 20 days before the approval date from CSC and he traveled without any issues.

Regards,
SF
 
Well, Joe, technically speaking there is no such thing as "approval date" on form I-797C - there IS, however, a "notice date" (cf. when I-797C is used as a receipt notice, there are two different fields titled "received date" and "notice date", the latter a couple of days behind the former), so it IS conceivable that a notice could be delayed and issued a while after the actual approval.

In any case, I am going to lay the issue to rest once and for all (in my case, anyways): I am going to see an immigration officer in person this coming Friday afternoon. Will update when I have more info.

Cheers!

Shrek
 
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JoeF said:
If you want to nitpick, the notice date on an approval notice is the date that matters.
Click to expand...

OK, fair enough, I *am* nitpicking (and proud of it!). In the above statement, what's your source? Can you quote a statute or reg that says something like "I-797C notice date shall be considered approval date for the purpose of, say, citizenship"? Is it possible that the approval notice is issued X days (weeks, months) after approval? And, if that is the case, why notice date should matter, as opposed to some "approval date" somewhere on file, which you may never find out, except from the actual card?

In any case, we'll see what I hear Friday.

Shrek

P.S. And Joe - there IS a "receipt date" on the approval notice.
 
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Call me Shrek said:
Well, Joe, technically speaking there is no such thing as "approval date" on form I-797C - there IS, however, a "notice date" (cf. when I-797C is used as a receipt notice, there are two different fields titled "received date" and "notice date", the latter a couple of days behind the former), so it IS conceivable that a notice could be delayed and issued a while after the actual approval.

In any case, I am going to lay the issue to rest once and for all (in my case, anyways): I am going to see an immigration officer in person this coming Friday afternoon. Will update when I have more info.

Cheers!

Shrek
Click to expand...


Call me shrek,
please let me know how you makes out. I talked to my lawyer (very active in these threads and successfully did a few EA cases now)he said to shut up and sit down they will send a notice if it is an issue otherewise worse case scenario I need to get it corrected at citizenship time with just 1 month not sure if this makes a difference
 
JoeF said:
There is no notice of approval for citizenship. The citizenship approval is the naturalization oath...
Click to expand...

Sure, except that you do not go through an oath for a green card. Now, again, how those two things are related?

JoeF said:
The description of notices of approval is in 8 CFR. I leave it to you to find the exact location ;)
Click to expand...

Don't feel like looking. If you want to convince me now, quote the exact chapter and paragraph, else I'll wait 'til Friday

JoeF said:
No.
Click to expand...

For the second time, what is your source?

Shrek

P.S. When I said "for the purpose of citizenship" in my earlier message, I meant "for the purpose of citizenship countdown time" - in other words, is there a statute or reg that says that 5 years time to citizenship starts on I-797C notice date? Hint: I bet there ain't - 20 bucks sez that it starts on "lawful admission", however it may be defined (and I'm pretty sure that it is not defined anywhere as I-797C notice date - I-485 approval, in case of adjustment, most likely). Now, as you haven't offered any evidence that I-797C CAN NOT be issued AFTER I-485 approval (due to, oh, sheer fuckup on part of some unnamed paper-pusher), my argument stands - it IS possible to have a backdated "resident since" card.

P.P.S. No, I am deliberately not asking this question of my lawyer - I want to see what I hear from the officer first.
 
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Guys I think we need to stop fighting at this point. What I wanted to find out is that how much of an issue is it? Yes they may have made a mistake is it my responsibility to get it corrected and wait another 9 months in the process. If it only means that I need it for citizenship date I will file that one month later.

More importantly I have to travel in 2 weeks and want to make sure that I can use the GC to do it as I have no other means like visa stmaped etc

Point is we are all looking for some advice / opinions and ppl can have different opinions. So please it would be help if we can get some construictive advise that may help others as well who will be in this position later


Regards,
SF
 
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Whatever you say. I don't know the finer points of the law, and frankly, I don't care. The questions I intend to ask are direct:

Is infomation on the card - specifically the resident since date - correct?
Is there any conflict between notice date and resident since date?

And for that matter, do I have an affirmative duty to correct the card (assuming, for the sake of an argument, this discussion never occurred)? After all, how the hell do *I* know the reasons as to the specific "resident since" date?

S.
 
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