Things go wrong — even with U.S. Citizenship and Immigration Services (USCIS). As you know, it’s rare but sometimes USCIS will give you a green card in error. This can occur when an applicant is issued a green card early or a permanent green card after they haven’t met the criteria. : if you got a green card wrong it will change your immigration status so fix it as soon as possible.
If You Get A Green Card Before Your Priority Date Is Currently In Effect?
Most immigrant visas — including family-based and work-based green card holders (except immediate family members of U.S. citizens) — are finite every year. This means that candidates have to wait for their priority date (given when their petition is filed) to come up to date before they can get a green card.
If you receive a green card and it’s issued before your priority date is up to date, then one of two things can happen:
The mistake is caught by USCIS immediately:
If USCIS discovers the mistake within a short period of the green card issue, they may issue you a Notice of Intent to Rescind (NOIR). That means that USCIS could cancel the green card and put your case back pending until your priority date is current. You might even get deported after rescinding. The most important thing to do if you’re issued a NOIR is to hire an immigration lawyer.
USCIS doesn’t notice the mistake until after the fact:
Sometimes USCIS will not notice the mistake until you submit your green card renewal or application for US citizenship. They might discover the error in naturalization and disqualify you from being a U.S. citizen. You may also be told you were never a legal permanent resident in the first place.
Quick Note: Don’t get a green card too early as this could end up getting you into trouble later on when it comes to getting US citizenship. So you need to get in touch with USCIS ASAP and fix the error.
What If You Receive A 10-Year Green Card Accidentally?
If you are applying for a marriage green card, you should know the difference between a 10-year permanent green card and a 2-year conditional green card.
The 2-year conditional green card is granted to spouses of U.S. citizens or permanent residents whose marriage is under two years old at the time of green card issuance. The reason for this condition is to guarantee the marriage is genuine and not purely immigration-related. If you’d like a long-term green card, then you and your spouse need to submit an I-751 to disallow the conditions before the 2-year period runs out.
Then if you get a 10-year green card instead of the 2-year, correct the error. Do this by submitting Form I-90. We use Form I-90 to request green card renewal or replacement and we can rectify mistakes such as this.
Why You Should Make Up The Mistake:
If you make up the error and keep the 10-year green card, then USCIS will come back and find the mistake after you apply for citizenship. And you may be required to file an I-751 petition late, which might be a pain if you’re not married anymore and can’t provide the paperwork.
If your late petition is rejected by USCIS, your green card will be canceled and you will go through immigration proceedings. If you want to eschew these risks, be sure to correct the error and receive the correct green card as soon as possible.
Getting a green card wrong can spell disaster in the long run, either due to an incorrect priority date or a different type of green card. If you’re caught in this scenario, you need to act quickly and correct the error before the next time you apply for immigration such as citizenship.
