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Asker

Posted over 13 years ago.

She was granted asylum in 2009 with another family member. Then they both applied for GC in 2010. The other member got the GC stating resident since 2008, while my mother's paper was kept delayed for no reason. Finally after a congressional inquiry was made, the immigration office admitted to losing her papers and had to tally all the applications and found it. That delay cost us more than $400 to do medical testing and so forth all over again.
At the end they issued her the GC but it stated that she was a resident since 2011.
I am confused. Not to be rude but why would their failure to do their job cause her to push her right to be a resident for 2 more years.

Jeffrey Adam Devore

Jeffrey Adam Devore West Palm Beach Immigration Attorney

Posted over 13 years ago.

An asylee whose status is adjusted to that of a permanent resident is entitled to back dating of the residence period for 1 year as of the date residence is approved. Thus, if your mother's application was approved on 12/01/2012 she is considered to be a resident as of 12/01/2011 and that should be the date on her card The fact that USCIS may have made errors in processing the application which delayed approval does not change that.

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Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
4100 RCA Blvd., Suite 110
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore
email: jdevore@devorelawgroup.com
web: www.devorelawgroup.com