I filed my I-485 based on the dates for filing chart. Earlier this month, the USCIS approved my I-485 and issued me a green card. However, my priority date is not yet current on the final action chart. May I still keep the green card?

Answer

Unfortunately, this type of error can be a serious problem for a number of reasons. First off, if the USCIS notices the error, they typically will move to revoke the green card. Second, even if the USCIS does not revoke the green card, it could make it nearly impossible for the individual to qualify for U.S. citizenship. Third, given that the green card has already been issued, once your priority date does become current, the USCIS will not be working on your case. (i.e., Their records show your case is complete.)

In short, it normally is not a good idea to rely on a green card that has been issued in error. The person is typically much better off working with an attorney to get the situation resolved. (25.May.2022)

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