Can I file for US Citizenship? confused!

[Chancy 6,241]

1 minute ago, Tokenfreak said:

My AOS was approved in Feb 2019, but when I got my Green card in Feb 2019 the Resident Since was back date to 11/29/2018 which is right before I filed for the AOS.

 

Your GC was printed in error.  You should have filed an I-90 to correct it.  There is no such thing as backdating a GC to a date prior to filing AOS.  It's against US immigration law.

 

[Tokenfreak 223]

5 minutes ago, Chancy said:

 

Your GC was printed in error.  You should have filed an I-90 to correct it.  There is no such thing as backdating a GC to a date prior to filing AOS.  It's against US immigration law.

 

I don't think its and error and this is the first I am hearing of it.It wasn't backdated before I filed the AOS as I filed the AOS on 11/23/2018. So it was 5 days after I filed it. I've had this card almost 2 years now and how no issues. I even got the 18 month extenstion letter for my ROC.  

Edited September 3, 2021 by Tokenfreak

[nastra30 2,287]

3 minutes ago, Tokenfreak said:

No that's not the date on my card. It is is 11/29/18 for Resident Since.  Although my AOS of status was approved in Feb 2019 and thats when I got my greencard too it was back dated to 11/29/2108 for Resident since.

This doesn't seem correct. Looks like USCIS made a mistake in your greencard. Your AOS was approved in Feb 2019 but your Resident since date is Nov 2018? I think USCIS messed up and you should have had them correct it. This could potentially come up during your naturalization process and can potentially cause you some headaches.

[Chancy 6,241]

1 minute ago, Tokenfreak said:

I even got the 18 month extenstion letter for my ROC.

 

It's no surprise that you would get the extension letter because your GC has data errors.  USCIS makes mistakes on the GC a lot that there's a category on the I-90 for USCIS error.  It's your choice to correct it now, or find out only when your ROC is denied.

 

[Tokenfreak 223]

1 minute ago, Chancy said:

 

It's no surprise that you would get the extension letter because your GC has data errors.  USCIS makes mistakes on the GC a lot that there's a category on the I-90 for USCIS error.  It's your choice to correct it now, or find out only when your ROC is denied.

 

Do I really have to pay $455 to fix a mistake that wasn't my fault? I see that the cost for that form?

[Chancy 6,241]

Just now, Tokenfreak said:

Do I really have to pay $455 to fix a mistake that wasn't my fault? I see that the cost for that form?

 

No, it's free when filed due to USCIS error.

 

[Tokenfreak 223]

Just now, Chancy said:

 

No, it's free when filed due to USCIS error.

 

OK I see that now.

[Cathi 5,748]

8 minutes ago, Tokenfreak said:

Do I really have to pay $455 to fix a mistake that wasn't my fault? I see that the cost for that form?

It was your fault because originally, you filed for ROC early. 

[Chancy 6,241]

2 minutes ago, Tokenfreak said:

OK I see that now.

 

Note though that you will have to re-file for ROC and pay the fee again, even if your first filing was a mistake due to being misled by a GC with errors.

 

That said, even if your GC is corrected, it would still be expired by now.  I'm not sure if filing an I-90 is even required now.

 

Requesting input from @HRQX, @mindthegap

 

[Tokenfreak 223]

Just now, Cathi said:

It was your fault because originally, you filed for ROC early. 

I didn't know there was a mistake on my green card until now so its not really my fault as I didn't make the mistake on the greencard.

[JeanneAdil 6,505]

Whatever u do,  don't file the N 400 as even if immigration makes an error,  it is up to u to correct

and the filing fee for N 400 can to lost to them

 

In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected.

 

so they could refund money or not

 

 free to change the date for their error

 

 

When i first applied for US passport the DOB came back with my mom's birthdate/  it was hard to make them change the passport /  i was actually told the government didn't make mistakes and they do

[Chancy 6,241]

1 minute ago, Cathi said:

It was your fault because originally, you filed for ROC early. 

 

I think OP meant the I-90.  That will be free as the GC error was the fault of USCIS.

 

[Tokenfreak 223]

Just now, Chancy said:

 

Note though that you will have to re-file for ROC and pay the fee again, even if your first filing was a mistake due to being misled by a GC with errors.

 

That said, even if your GC is corrected, it would still be expired by now.  I'm not sure if filing an I-90 is even required now.

 

Requesting input from @HRQX, @mindthegap

 

That sucks and thats not even fair if I have to pay the fee again. I didn't even know anything was wrong with my green cards date until now.  I never really paid attention to it to be honest.

[Tokenfreak 223]

1 minute ago, JeanneAdil said:

Whatever u do,  don't file the N 400 as even if immigration makes an error,  it is up to u to correct

and the filing fee for N 400 can to lost to them

 

In general, USCIS does not refund a fee or application regardless of the decision on the application. There are only a few exceptions to this rule, such as when USCIS made an error which resulted in the application being filed inappropriately or when an incorrect fee was collected.

 

so they could refund money or not

 

 free to change the date for their error

 

 

When i first applied for US passport the DOB came back with my mom's birthdate/  it was hard to make them change the passport /  i was actually told the government didn't make mistakes and they do

OK, I will hold off on filing this until I figure out what I need to do right now. I'm so upset...what a way to start a weekend. . But thanks everyone for your help.  Just my luck they make an error on my greencard and it now gets caught after I filed the ROC a year ago now.

[JeanneAdil 6,505]

This is a good example of why timelines are so important

 

but one more year and u can apply to be a citizen and the year will pass fast

Edited September 3, 2021 by JeanneAdil