RFE by mistake by USCIS caused delay

[TXlocal]

USCIS overlooked my original birth certificate third party professional certified translation by saying that I didn't send it but we did send it. I was under the lawyer's advise to just go back home and get a newer birth certification back in China that comes with original english. But by the time I sent in RFE the priority date has already backlog back 3 years before. If they didn't overlook, I would have been approved for Green Card by now. Do you think I will have a case calling up USCIS telling them the problem and that they will honor my eligibility of getting my green card approved instead of waiting for the backlog again?

[Attorney_15]

Once a priority date retrogresses, the law prohibits USCIS from approving an I-485 application even if the application was approvable prior to the retrogression.