Found an issue on this page? Let us know and we will look into it as soon as possible.
Is an I-797 Approval Notice "proof" that one has been approved for Permanent Residency?
Anonymous4 views4 answers
I need to determine the date to consider someone a Lawfully Admitted Permanent Resident. She submitted an I-797 Approval Notice, Recept date 11.7.95, Priority date 11.6.95, Notice Date 12.28.95. The notice says her petition has been approved. But she was not granted her card until 2/11/99. I believe this was because she didn't complete the other necessary paperwork until late in 1997.
Deborah Lynne KarapetianImmigration AttorneyGlendale, CA ·
An approved petition does not mean that someone is approved for residency. They must either adjust their status or consular process in order to be a permanent resident. So if her green card is dated 2/11/99, then that is the date you are looking for.
The word petition is usually used when talking about a visa petition. That does not confer status. An application to adjust status does confer status. The date that was granted would be the controlling date.
It depends on what the I-797 is for and what the proof is necessary for.
You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.
The effective date on her green card should be controlling. I suspect that you're talking about an I-797 for the I-130 petition (step one of the two-step green card process). The approval notice for the green card should read, 'welcome to the United States of America.'
