USCIS vs friend's lawyer

[Worstg8mer 0]

This is a reference to my previous thread for my friend. 

 

Long story short: Her I-130 petition as underage LPR(F2A) was approved but aged out with CSPA, so waited until last year to file as F2B. Her PD is July 24 2015, and would be current in April and so on, but was approved on March 2021. 

 

So over a month, she inquired USCIS about her green card approval issue twice - once through her senator office and another through a 'special' infopass appointment. Both times they told her that her approval is correct. 

 

From her recent infopass, she was told by an officer  in field office that her green card approval was based on INA 203(h)(3), which allowed the USCIS to adjudicate her case "whichever category is faster" for her because her petition was approved as underage child of LPR. Her lawyer still thinks that USCIS is wrong in this interpretation. She is now going crazy because she doens't know which to believe. I am telling her to just cut ties with her lawyer and move on with her green card but she is one of those people who "know too much" and stressed herself out. 

 

Does anyone understand what the USCIS officer told her about INA 203(h)(3) ? My friend read over INA 203(h)(3) herself, and she thinks it's way too convoluted to understand. 

 

 

[payxibka 10,047]

Does she have an approved GC?  If so, what's the issue?

[Worstg8mer 0]

Quote

and would be current in April and so on, but was approved on March 2021. 

As you can see, the lawyer is raising issue because her AOS was appproved before her PD would be current