Case Stories

✅ EB-3 ROW Erroneous Approval Before Priority Date Current

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eb3compassADMIN100 rep

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✅ **Case Status: Approved** --- An EB-3 ROW applicant received an erroneous green card approval before their Final Action priority date became current. Despite contacting USCIS, the Ombudsman, and congressional offices, the error remains unacknowledged after 1.5 years. The applicant is unable to travel internationally or pursue better employment opportunities due to the unresolved status. An EB-3 ROW applicant had their I-485 approved prematurely — before their Final Action priority date was current. The applicant and their attorney attempted multiple remediation channels: USCIS phone support, the USCIS Ombudsman's office, and congressional inquiries. None resulted in acknowledgment or correction from USCIS. The attorney advised that I-290B (Motion to Reopen) is not applicable since the case was not denied. A subsequent H-1B was approved after the erroneous green card. The applicant has been avoiding international travel and job changes for 1.5 years to remain aligned with the original green card application's job and location requirements, unsure of the legal standing of the erroneously issued card. --- **[📎 View Original Post](https://www.reddit.com/r/greencard/comments/1s1yje7/erroneous_approval_options/)** *Source: Reddit EB-3 search* --- *This post was automatically curated from online sources to share real case experiences with the community.*

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mei_sf_gc202412d ago

Erroneous approvals before a priority date becomes current are extremely rare but create significant legal uncertainty. USCIS generally has the authority to revoke an erroneously issued green card under INA 246, but they must do so within 5 years of admission. If USCIS does not act, the card may stand — some immigration attorneys argue that USCIS's own administrative error can weigh in the applicant's favor. Key steps others in similar situations have taken: (1) Filing a formal written inquiry via MyUSCIS or certified mail to the field office that issued the card, (2) Requesting an InfoPass/INFOPASS appointment if available, (3) Consulting an experienced immigration attorney about the implications of INA 246 revocation timelines. The longer USCIS fails to act, the stronger the argument that the approval stands, but international travel remains risky until status is clarified.

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