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To Gluhbirne - Green Card has WRONG Date

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  • To Gluhbirne - Green Card has WRONG Date

    This is the situation -
    My husband's dad filed I130 some years ago - when his son was unmarried under age 21.

    The petition got approved - so my husband entered the US on his B1 visa and did an AOS.

    However should the date on the green card - be when he entered - from the inspection date of entry OR be the date when he applied for the AOS OR the date when the card was mailed from (in this case - Atlanta Dist Office)?

    The date on his card is the date the card was mailed or sometime around that time - it was dated like 3 days before we received it in the mail.

    We called INS and they told us that THAT DATE is the correct date....is that TRUE??

    I have heard otherwise since then and just need clarification beacause the time difference from his AOS and receiving the card is over a year.


    The timeline is this:

    I130 filed Dec. 1995
    I130 approved Feb. 1996 - those were the days..

    Entered June 2000 on B1 visa.
    AOS began Feb 2001
    Green card date says - resident since Aug 2002.

    I am hoping you or anyone reading this can clarify for me - which is supposed to be the correct date. Thanks alot.

  • #2
    This is the situation -
    My husband's dad filed I130 some years ago - when his son was unmarried under age 21.

    The petition got approved - so my husband entered the US on his B1 visa and did an AOS.

    However should the date on the green card - be when he entered - from the inspection date of entry OR be the date when he applied for the AOS OR the date when the card was mailed from (in this case - Atlanta Dist Office)?

    The date on his card is the date the card was mailed or sometime around that time - it was dated like 3 days before we received it in the mail.

    We called INS and they told us that THAT DATE is the correct date....is that TRUE??

    I have heard otherwise since then and just need clarification beacause the time difference from his AOS and receiving the card is over a year.


    The timeline is this:

    I130 filed Dec. 1995
    I130 approved Feb. 1996 - those were the days..

    Entered June 2000 on B1 visa.
    AOS began Feb 2001
    Green card date says - resident since Aug 2002.

    I am hoping you or anyone reading this can clarify for me - which is supposed to be the correct date. Thanks alot.

    Comment


    • #3
      Greencard date.

      Comment


      • #4
        Addendum to Cedar-

        Lawful Permanent Residence begins on the date an immigrant enters the US with a valid immigrant visa, or on the date an application for adjustment of status is approved. (or on the date of admission for cases that are retroactive by statute, i.e. refugees.)

        Clarification of timeline:

        The filing date of the I-130 is important for the determining classification of the beneficiary (child of USC under 21) and the priority date (immediate relative). Not an LPR

        The I-130 approval allows you to file for an IV or AOS. Not an LPR

        Admission to the US as a tourist is a nonimmigrant category. You are legally in the US, but no further benefit. Not an LPR

        Filing for AOS allows a work card, travel document, and tolls status. You are in limbo while Immigration reviews your case. Not an LPR

        Eventually you have fingerprints, background checks, medical exams, interviews... and when everything is done, Immigration approves the application and. Now you are an LPR.

        Comment


        • #5
          I wish I could help, but I really have no idea. Sorry.
          Have a nice day

          Comment


          • #6
            "Lawful Permanent Residence begins on the date an immigrant enters the US with a valid immigrant visa, or on the date an application for adjustment of status is approved. (or on the date of admission for cases that are retroactive by statute, i.e. refugees.)"

            So Oldman - if I understand u correctly - does it begin as u say "begins on the date an immigrant enters the US with a valid immigrant visa,? or the date that he currently has on the green card?

            To Gluhbirne - thanks anyways - at least u are honest in saying u dont know and not giving me wrong info - I appreciate that.

            Comment


            • #7
              LPRSpouse, your husband did not enter on a valid immigrant visa. Therefore, it is the date he was granted adjustment. Often, the grant of adjustment happens at an interview and a stamp is placed in the passport showing the date. If this did not happen to your husband he has to go with the date on the card.

              Comment


              • #8
                the date of your PR begins when you were approved, not when you receive the actual card..and by the way, some people here give all kinds of answers without reading the question carefully..
                it does not matter if USCIS remembers to mail you the GR after a year, it is the moment when the IO approved your case that matters, and stamped your passport..
                if yours says otherwise, you should have it fixed..unless you were never given a stamp in your passport..

                Comment


                • #9
                  Julie,

                  You are wrong too. It has NOTHING to do with when the officer stamps your passport. The date that goes on your green card is the day the I-485 was approved (stamped with an approval stamp) by the officer. The officer could give you a stamp in your passport 3 months, 6 months or 10 years later and the date your status was adjusted would STILL be the date the I-485 was approved. There are a few categories that go by different rules but that doesn't apply to most people.

                  Comment


                  • #10
                    I'm getting confused. Bronzelady, I think we agree, don't we?

                    Comment


                    • #11
                      So, everyone agrees that the date on a GC should be the date when AOS was approved. The question is WHEN it considered approved. According to BronzeLady it's the date when adjudicating officer stamps AOS application with an approval stamp which is not necessarily the date of the AOS interview or the date an LPR stamp is placed in a new immigrant's passport.

                      Comment


                      • #12
                        Right.

                        Another angle is the notice of action that is (usually?) sent out. I guess it is possible to have conflicting dates on that and on the greencard by some mistake. But I better not muddy the waters anymore!

                        Comment



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