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asylum applying for naturalization with green card that was not backdated

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  • asylum applying for naturalization with green card that was not backdated

    Hi! I really need advice. I am a permanent resident granted green card in June, 2006 on a basis of my asylum status. The problem is that my green card was not been backdated for 1 year and indicates the actual date of receiving GC. However, I'd like to apply for naturalization and trying to fill out form N 400 now as in fact i am eligible. Would you please advise me what should I do? - 1. check box D "other" in part 2 and indicate that i am applying on basis of my asylum status indicating article 8 C.F.R. 209.2(f) and stating that my GC was not backdated. I can also attach some statement and documents proving that i got asylum status 1.5 years before receiving GC. 2. check box A (permanent resident for 5 years or more) and attach explanation letter?
    If not one of the above options when what should I do not to wait until the next year?
    I will really appreciate any help especially if it comes from the person who had the same situation!

  • #2
    Originally posted by Josh777 View Post
    Hi! I really need advice. I am a permanent resident granted green card in June, 2006 on a basis of my asylum status. The problem is that my green card was not been backdated for 1 year and indicates the actual date of receiving GC. However, I'd like to apply for naturalization and trying to fill out form N 400 now as in fact i am eligible. Would you please advise me what should I do? - 1. check box D "other" in part 2 and indicate that i am applying on basis of my asylum status indicating article 8 C.F.R. 209.2(f) and stating that my GC was not backdated. I can also attach some statement and documents proving that i got asylum status 1.5 years before receiving GC. 2. check box A (permanent resident for 5 years or more) and attach explanation letter?
    If not one of the above options when what should I do not to wait until the next year?
    I will really appreciate any help especially if it comes from the person who had the same situation!
    What is the "resident since" date on your GC? Note that this date may be different from the date of the issuance of the green card.
    N-400 [Chicago office, via Nebraska Service Cntr]
    Rec'd date: 12/06/2006
    FP notice date: 12/20/2006
    FP taken (Indianapolis): 01/11/2007
    2nd FP notice 09/09/2008
    2ndFP taken (Indianapolis) 09/26/2008
    Interview letter 01/24/2009
    Interview 03/26/2009 (completed)
    Oath letter rec'd 04/29/09
    Oath date 05/14/09 (completed)
    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

    Comment


    • #3
      Originally posted by Josh777 View Post
      Hi! I really need advice. I am a permanent resident granted green card in June, 2006 on a basis of my asylum status. The problem is that my green card was not been backdated for 1 year and indicates the actual date of receiving GC. However, I'd like to apply for naturalization and trying to fill out form N 400 now as in fact i am eligible. Would you please advise me what should I do? - 1. check box D "other" in part 2 and indicate that i am applying on basis of my asylum status indicating article 8 C.F.R. 209.2(f) and stating that my GC was not backdated. I can also attach some statement and documents proving that i got asylum status 1.5 years before receiving GC. 2. check box A (permanent resident for 5 years or more) and attach explanation letter?
      If not one of the above options when what should I do not to wait until the next year?
      I will really appreciate any help especially if it comes from the person who had the same situation!
      you should had replaced your green card, if your current GC says resident since june 2006 i don think you can apply for naturalization now,you may need to wait till next year,
      you should post your question on the asylum page and you will get many advice from former asylees who became naturalized as me
      Last edited by Bobsmyth; 21st June 2010, 04:01 AM.

      Comment


      • #4
        Originally posted by baikal3 View Post
        What is the "resident since" date on your GC? Note that this date may be different from the date of the issuance of the green card.
        "residence since" date wasn't backdated either.

        Comment


        • #5
          Thank you for your answer. I would try to replace GC but i was told that it would take 5-6 months or even more. do you have any opinion on it ?

          Comment


          • #6
            Originally posted by Josh777 View Post
            Thank you for your answer. I would try to replace GC but i was told that it would take 5-6 months or even more. do you have any opinion on it ?
            I am basically in agreement with John Smith.
            Since this is a complicated and unusual situation, I suggest that you consult an immigration lawyer before filing anything. If you do decide to file N-400 now, you'll need a well prepared cover letter.

            My own 2c here is that you should try to correct the "resident since" date on your green card first. If you file N-400 now, you will get a substantial delay in the processing of your N-400 application anyway, as this is an unusual and a complicated situation and that always means a delay. You'd definitely get a "decision cannot be made at this time" result at the interview, and then who knows how many months of waiting after that. So, IMO, you might as well try to fix the "resident since" date first.
            N-400 [Chicago office, via Nebraska Service Cntr]
            Rec'd date: 12/06/2006
            FP notice date: 12/20/2006
            FP taken (Indianapolis): 01/11/2007
            2nd FP notice 09/09/2008
            2ndFP taken (Indianapolis) 09/26/2008
            Interview letter 01/24/2009
            Interview 03/26/2009 (completed)
            Oath letter rec'd 04/29/09
            Oath date 05/14/09 (completed)
            U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

            I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

            Comment


            • #7
              Originally posted by Josh777 View Post
              Thank you for your answer. I would try to replace GC but i was told that it would take 5-6 months or even more. do you have any opinion on it ?
              You can't file N-400 now...You have to options...Either wait one more year or correct the mistake...It happens...some times USCIS when they issue greencards to asylees they don't backdate...If this happens, you are supposed to correct them..there is form for it....good luck
              DO........SEATTLE
              N-400 mailed on march 10, 2010
              received at phoenix 12 march
              no movement as of to date
              PD March 22
              Rejection app. March 25
              Refile March 29
              Check cashed Aprill 13
              NOA on Aprill 19
              RFE sent on Aprill 20th
              RFE received: Aprill 26
              FP Date: May 14
              PD March 31
              FP done on May 14 on schedule
              On May 22 case transferred to local office
              IL recieved on May 26; mailed on May 20
              On june 29, interview done
              Oath done on the same day
              good luck everybody

              Comment


              • #8
                Originally posted by baikal3 View Post
                I am basically in agreement with John Smith.
                Since this is a complicated and unusual situation, I suggest that you consult an immigration lawyer before filing anything. If you do decide to file N-400 now, you'll need a well prepared cover letter.

                My own 2c here is that you should try to correct the "resident since" date on your green card first. If you file N-400 now, you will get a substantial delay in the processing of your N-400 application anyway, as this is an unusual and a complicated situation and that always means a delay. You'd definitely get a "decision cannot be made at this time" result at the interview, and then who knows how many months of waiting after that. So, IMO, you might as well try to fix the "resident since" date first.
                "Since this is a complicated and unusual situation" Crab....It is very easy simple...it happens all the time
                "consult an immigration lawyer before filing anything" very poor advice.......no need to do...
                "You'd definitely get a "decision cannot be made at this time" result at the interview" .If he files N-400 now, they will
                return the whole application because the guy is 4 years old
                Last edited by monica1; 21st June 2010, 05:59 PM. Reason: RUDE
                DO........SEATTLE
                N-400 mailed on march 10, 2010
                received at phoenix 12 march
                no movement as of to date
                PD March 22
                Rejection app. March 25
                Refile March 29
                Check cashed Aprill 13
                NOA on Aprill 19
                RFE sent on Aprill 20th
                RFE received: Aprill 26
                FP Date: May 14
                PD March 31
                FP done on May 14 on schedule
                On May 22 case transferred to local office
                IL recieved on May 26; mailed on May 20
                On june 29, interview done
                Oath done on the same day
                good luck everybody

                Comment


                • #9
                  Originally posted by faysal View Post
                  "You'd definitely get a "decision cannot be made at this time" result at the interview" Idiot...If he files N-400 now, they will
                  return the whole application because the guy is 4 years old
                  Refrain from calling other posters idiots and bashing other people's advice.
                  Sent N-400 7/28/07
                  PD 7/27/07
                  Check cashed 12/5/07
                  NOA 12/7/07
                  FP notice 1/4/08 (received 1/10/08 )
                  FP Date 1/30/08 (walk in done on 1/26/08 Charlotte)
                  IL: 6/10/08
                  ID: 8/28/08 (Durham DO) Passed!
                  OL: 9/23/08
                  OD: 10/06/08
                  PP: 10/21/08 (applied)
                  PP: 11/1/08 (received)
                  ------------------------------------------

                  ------------------------------------
                  IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                  Comment


                  • #10
                    Originally posted by faysal View Post
                    "Since this is a complicated and unusual situation" Crab....It is very easy simple...it happens all the time
                    "consult an immigration lawyer before filing anything" very poor advice.......no need to do...
                    "You'd definitely get a "decision cannot be made at this time" result at the interview" Idiot...If he files N-400 now, they will
                    return the whole application because the guy is 4 years old
                    Wow, a bucket of badly spelled insults! Nice.
                    If you bother to read this thread carefully, you'll see that the issue is that the OP's "resident since" date on the green card is incorrect due to a USCIS error and that the correct resident since date is about a year earlier than the one shown. See also the thread http://forums.immigration.com/showth...anent-Resident, particularly the lasts posts of Jackolantern and of Thankful there.

                    If you don't understand an issue it is not a crime to not respond...
                    Funny, that is often the feeling I get when I am reading your posts.
                    N-400 [Chicago office, via Nebraska Service Cntr]
                    Rec'd date: 12/06/2006
                    FP notice date: 12/20/2006
                    FP taken (Indianapolis): 01/11/2007
                    2nd FP notice 09/09/2008
                    2ndFP taken (Indianapolis) 09/26/2008
                    Interview letter 01/24/2009
                    Interview 03/26/2009 (completed)
                    Oath letter rec'd 04/29/09
                    Oath date 05/14/09 (completed)
                    U.S. pssprt applied and rec'd (Chicago pssprt agency) 05/22/2009

                    I am not a lawyer. Anything I say here is my personal opinion and should not be viewed as legal advice.

                    Comment

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