USCIS Made Error on Resident Since Date

[geowrian 22,337]

1 minute ago, ezsosa said:

As I said, the IO decision is discretional but attached to the law. However, I have known of cases where the applicant is not elegible yet for oath at the time of the interview and the case is put on hold until reach eligibility that commonly happens when the applicant does early walk-in biometrics. If USCIS make a clerical mistake they must fix it.

Many decisions are discretionary. Some are not. Eligibility for filing due to having been an LPR for at least 3 years (minus 90 days for early filing) is not one of those discretionary components.

I'm also aware of circumstances where somebody was not eligible for naturalization at the time of the interview, but they held on to the application longer ("decision cannot be made at this time") until they became eligible. This decision to wait is at their discretion. However, that's not applicable here....no matter how long the officer waits, the N-400 was filed too early and therefore the applicant cannot be eligible under that application.

 

This clerical mistake was 1) already corrected and 2) doesn't change eligibility for the benefit. Some mistakes that USCIS makes can matter, but it simply doesn't here, sorry.

[ezsosa 5]

10 minutes ago, geowrian said:

Many decisions are discretionary. Some are not. Eligibility for filing due to having been an LPR for at least 3 years (minus 90 days for early filing) is not one of those discretionary components.

I'm also aware of circumstances where somebody was not eligible for naturalization at the time of the interview, but they held on to the application longer ("decision cannot be made at this time") until they became eligible. This decision to wait is at their discretion. However, that's not applicable here....no matter how long the officer waits, the N-400 was filed too early and therefore the applicant cannot be eligible under that application.

 

This clerical mistake was 1) already corrected and 2) doesn't change eligibility for the benefit. Some mistakes that USCIS makes can matter, but it simply doesn't here, sorry.

If the date that he or she mentioned is not wrong, the applicant is elegible. Counting from the time that he or she is resident since to the time of the application there are 3 years. No matter if there is an error in the new GC.

Edited January 21, 2018 by ezsosa

[geowrian 22,337]

10 minutes ago, ezsosa said:

If the date that he or she mentioned is not wrong, the applicant is elegible. Counting from the time that he or she is resident since to the time of the application there are 3 years and 1 month. No matter if there is an error in the new GC.

The relevant dates from the post and OP's timeline:

Date of "resident since" date on the 10 year GC (correct one): 12/16/14.

Date of filing N-400: 3/1/17

 

Length of having been an LPR at the time of filing: 807 days (2 years, 2 months, 14 days).

 

Edit:

Date of AOS approval on OP's timeline: 12/1/14.

Date original GC received on OP's timeline: 12/25/14.

These dates aren't directly relevant, but support that the OP obtained LPR status in Dec. 2014, not Feb. 2014.

Edited January 21, 2018 by geowrian

[ezsosa 5]

5 minutes ago, geowrian said:

The relevant dates from the post and OP's timeline:

Date AOS was approved and "resident since" date on the 10 year GC (correct one): 12/16/14

Date of filing N-400: 3/1/17

 

Length of having been an LPR at the time of filing: 807 days (2 years, 2 months, 14 days).

You are right, I was wrong when did calculate the dates, it was too early.

[geowrian 22,337]

15 minutes ago, ezsosa said:

You are right, I was wrong when did calculate the dates, it was too early.

Trust me, I've done the same more times than I can count. Now I use a calculator instead.

Edited January 21, 2018 by geowrian

[afrocraft 313]

I'm not sure you have a prayer on this one. I, too, had wrong dates on my green card for which I went through months of hell to correct, but it seems that USCIS did correct the dates on your most recent green card. Perhaps you can ask for a refund because of the confusion USCIS' initial error caused, but I wouldn't be on that. Nothing you can do about the wait, because you were ineligible to apply for naturalization. Sorry I don't have better news.

Edited January 29, 2018 by afrocraft