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Should I return my wife GC with no mistake in" Residence since"?
- Thread starter cody2
- Start date
Did you mean Jun 5 2004 cuz if the date is 2005 the GC is not backdated (mistake!)...and need to be sent backcody2 said:Dear Friends:
My wife got a letter from NSC, saying: " resident since" date is incoorect, asking her to send her GC back for replacement. Actually, my wife's GC has no mistake at all : Since June 5, 2005. Need her send it back?
PLEASE RAD THIS (courtesy from www.clinicilegal.org):
1. Refugee Adjustment of Status Applicants Receive Greencards with USCIS-Generated Errors
In March 1998, Ms. T entered the United States as a refugee pursuant to section 207 of the Immigration and Nationality Act (INA). Under the law, refugees are eligible to adjust status to
Lawful Permanent Resident (LPR) one year after their initial arrival in the United States. When a refugee is approved for permanent residence, he or she is admitted as an LPR as of the date of his/her initial arrival into the United States. This is important, as five years of LPR status is required of applicants for U.S. citizenship. When Ms. T received her permanent resident card (greencard), the “Resident Since” date was erroneously noted by the USCIS as November 2002. (This meant that Ms. T appeared ineligible to apply for U.S. citizenship until 2007). The correct date should have been March 1998, the date of Ms. T’s initial entry into the United States. To correct this error, Ms. T filed an I-90 Application to Replace Permanent Residence Card to USCIS. The instructions for the I-90 Application indicate that the filing fee for the application can be waived if the application filed was the result of a card issued with a USCIS-generated error. After filing the application, Ms. T received a rejection notice from USCIS stating, “Based on the information you provided, the correct filing fee is $70.00. Please submit your completed application/petition with the appropriate fees to the address listed on the bottom of this notice.” The fee charged by USCIS for biometrics is $70.00, a fee Ms. T had already paid when she filed her initial application to receive her permanent residence card.
CLINIC raised both of these issues with USCIS HQ. On September 7, 2005, USCIS issued a press release announcing changes to the Form I-90 filing process to correct USCIS generated errors. As a result of these changes, such applicants will not be charged additional filing and biometrics fees. USCIS also informed CLINIC that between February and July 2005, the Nebraska Service Center (NSC) issued between 52,000-53,000 greencards with the same “resident since” date problem noted above as a result of a computer systems error. USCIS HQ stated that the NSC was putting together a process for issuing new cards to individuals who received cards with this error. This process has yet to be announced to the public.
I received same notice eventhough the date on my GC is CORRECT.
I am going to send them back the notice, copy of my I-94 showing initial date of my entry into the US and COPY of my GC to show the date is correct.
I guess for asylees , copy of your APPROVAl letter and COPY of GC (if the date on your GC is correct) would be sufficient enough.
I WOULD NOT send them copy with SECTION 209.1 or SEC. 209.2 stating the law about backdating procedures for refugees or asylees because they know exactly what the law says and they even say that these errors are not made as a result of misinterpreting the laws but purely a computer system error. Sending back a copy with 209 Section on it, would just unnesecary p**s off an handling officer and MAYBE delay their answer to you (just my PERSONAL OPINION)
Thanks again to all of you who shared infos on this issue!!!!!!
1. Refugee Adjustment of Status Applicants Receive Greencards with USCIS-Generated Errors
In March 1998, Ms. T entered the United States as a refugee pursuant to section 207 of the Immigration and Nationality Act (INA). Under the law, refugees are eligible to adjust status to
Lawful Permanent Resident (LPR) one year after their initial arrival in the United States. When a refugee is approved for permanent residence, he or she is admitted as an LPR as of the date of his/her initial arrival into the United States. This is important, as five years of LPR status is required of applicants for U.S. citizenship. When Ms. T received her permanent resident card (greencard), the “Resident Since” date was erroneously noted by the USCIS as November 2002. (This meant that Ms. T appeared ineligible to apply for U.S. citizenship until 2007). The correct date should have been March 1998, the date of Ms. T’s initial entry into the United States. To correct this error, Ms. T filed an I-90 Application to Replace Permanent Residence Card to USCIS. The instructions for the I-90 Application indicate that the filing fee for the application can be waived if the application filed was the result of a card issued with a USCIS-generated error. After filing the application, Ms. T received a rejection notice from USCIS stating, “Based on the information you provided, the correct filing fee is $70.00. Please submit your completed application/petition with the appropriate fees to the address listed on the bottom of this notice.” The fee charged by USCIS for biometrics is $70.00, a fee Ms. T had already paid when she filed her initial application to receive her permanent residence card.
CLINIC raised both of these issues with USCIS HQ. On September 7, 2005, USCIS issued a press release announcing changes to the Form I-90 filing process to correct USCIS generated errors. As a result of these changes, such applicants will not be charged additional filing and biometrics fees. USCIS also informed CLINIC that between February and July 2005, the Nebraska Service Center (NSC) issued between 52,000-53,000 greencards with the same “resident since” date problem noted above as a result of a computer systems error. USCIS HQ stated that the NSC was putting together a process for issuing new cards to individuals who received cards with this error. This process has yet to be announced to the public.
I received same notice eventhough the date on my GC is CORRECT.
I am going to send them back the notice, copy of my I-94 showing initial date of my entry into the US and COPY of my GC to show the date is correct.
I guess for asylees , copy of your APPROVAl letter and COPY of GC (if the date on your GC is correct) would be sufficient enough.
I WOULD NOT send them copy with SECTION 209.1 or SEC. 209.2 stating the law about backdating procedures for refugees or asylees because they know exactly what the law says and they even say that these errors are not made as a result of misinterpreting the laws but purely a computer system error. Sending back a copy with 209 Section on it, would just unnesecary p**s off an handling officer and MAYBE delay their answer to you (just my PERSONAL OPINION)
Thanks again to all of you who shared infos on this issue!!!!!!