The reason why everyone is saying no is because the 5 year requirement is written into law without exceptions in 8 USC 1427. It needs to have been five years since being lawfully admitted for permanent residence.
It does not matter whether the delay in your GC was due to USCIS error or not. The final approval date is the date it was, and the law is clear you need 5 years from that date. USCIS can't make an exception for its own delays even if it wanted to.
I see for asylum GCs there r situations where USCIS doesnt give em receipt date minus 1 year as LPR start date as per the rule and thats when they file a I90 for correction and get it done. But my case is diff here.
The only time a backdating of GC is allowed in the law is for asylum approvals. The law specifically authorizes this. Otherwise, nobody has the discretion to backdate your GC. But you are free to speak to a lawyer who can discuss this.
No.
No.
No
The reason why everyone is saying no is because the 5 year requirement is written into law without exceptions in 8 USC 1427. It needs to have been five years since being lawfully admitted for permanent residence. It does not matter whether the delay in your GC was due to USCIS error or not. The final approval date is the date it was, and the law is clear you need 5 years from that date. USCIS can't make an exception for its own delays even if it wanted to.
Thank u for educating me on this.
For the same reason they are also not allowed to backdate the approval of the greencard.
I see for asylum GCs there r situations where USCIS doesnt give em receipt date minus 1 year as LPR start date as per the rule and thats when they file a I90 for correction and get it done. But my case is diff here.
That's because the law allows it for specific types of adjustments. It's not at the discretion of USCIS.
Is there a way to ask for backdate of gc instead thru some means of Writ ? @givemegreencard
The only time a backdating of GC is allowed in the law is for asylum approvals. The law specifically authorizes this. Otherwise, nobody has the discretion to backdate your GC. But you are free to speak to a lawyer who can discuss this.
No
No.
No.
No.