| Q. |
I-485 approved with PD not current
My details:
EB2, India, Priority date (PD): April 2006,
I-485 filed July 2007
My I-485 was approved on Oct 24, 2008 and my wife's I-485 is still pending.
The Welcome notice I have has all the correct details of PD etc. On the Physical Greencard which I received yesterday the "Resident Since" date is wrong and they have printed my Priority Date (April 2006) in the "Resident Since" column.
1- What should I do about the wrong "RESIDENT SINCE" date? Should I file I-90 now or should I wait? How long does it take to get new card?
2- My PD was current only till SEPT 2008 and in October it is retrogressed. What does it mean and what are the future implications? Should I do anything?
3-Why has my wife's I-485 has not been approved? (she was filed as a derivative).
Thanks.
User's Location:
Cleveland, Ohio, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
The date on your green card seems to be a clerical mistake on USCIS's part. You should definitely file I-90 to correct it based on USCIS's administrative mistake. However, I would wait until your wife has her green card in hand before I send the I-90 request. The reason is simply that you should not introduce a layer of complexity and uncertainty to your wife's processing when it is not urgent. Once you file I-90, it will take probably few months to get a new card.
The fact that your priority date has retrogressed should not make a difference for your wife's processing - you should not do anything other than expect to receive your wife's card in the near future. Her delay is most likely due to security checks and the fact that your card was approved should be a sign that her is about to be issued as well.
Finally, congratulations on your green card.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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