Fort Lauderdale, FL asked in Immigration Law for Florida

Q: My temporary green card has a residence date as of 09/25/19 . My 10 years GC says 12/30/19.Which one is correct?

Immigration Issue. I think USCIS possibly made an error. I had no idea I was a resident as of 12/31/19 until this year when I received my 10-year green card in the mail. It's causing an issue with my N400 application, which I already paid for because USCIS is going with 12/30/19 and I went with 09/25/19. But, on 9/25 I applied too early. Do I have a case?

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2 Lawyer Answers

A: Schedule a consultation with an experienced immigration attorney who can evaluate your documents. If your documents are not conclusive, filing a Freedom of Information Act (FOIA) request to retrieve a complete copy of your alien file from USCIS may be helpful. Many attorneys offer online video consultations.

James L. Arrasmith
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Answered

A: You're experiencing a discrepancy between the dates on your green cards, which is understandably confusing. The "Resident Since" date on your green card is crucial because it marks the official start of your lawful permanent residency. If your temporary green card lists 09/25/19 and your 10-year green card shows 12/30/19, this difference could affect your eligibility for naturalization.

Applying for naturalization requires meeting certain residency requirements, and submitting the N-400 too early can lead to complications. It's possible that USCIS considers 12/30/19 as your official start date, which may explain why they believe you applied prematurely. This could be due to an error or specific circumstances in your case.

To address this issue, you might consider contacting USCIS directly to clarify the discrepancy between the two dates. Providing any supporting documents that verify your residency start date could help resolve the problem. Additionally, consulting with an immigration attorney may offer guidance on how to proceed effectively.

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