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  • Naturalization for asylee can be sooner that we though?

    My friend's lawyer said that we (asylee) can apply for naturalization based on our original application for adjustment of status. So if our adjusment of status was filed in 2000, we can apply for naturalization this year?.
    Is there anybody who knows/have heard about this?.


    This is a good news if we can.

    Thank you for sharing the information.

  • #2
    Oh, well, there was a Q&A and their answer is "No." However, several immigration advocacy groups are planning to sue their on the issue. Their basis is "heck, why refugees starting date is the date when they enter U.S., while asylee' is the date PR approved." It will be a long battle.

    Ok, got work to do. Kinda of weird of posting a lot after my approval. But I am getting bored about my job in NYC.
    RD: 03/02
    ND: 04/01 (I am NOT responsible for this!)
    FP: 07/04
    RFI: 07/05
    BIO: 07/05
    APPROVAL: 08/05

    Comment


    • #3
      Originally posted by DesertRose50
      My friend's lawyer said that we (asylee) can apply for naturalization based on our original application for adjustment of status. So if our adjusment of status was filed in 2000, we can apply for naturalization this year?.
      Is there anybody who knows/have heard about this?.


      This is a good news if we can.

      Thank you for sharing the information.

      I have heard from people in this forum and not from a lawyer, that we could apply based on the date we were granted asylum. But the conclusion was that it is not true. I hope it was true.
      Resident: 3/16/05
      DO: Buffalo,NY
      Day 0 (12/17/09): N-400 Mailed
      Day 4 (12/21/09): Delivered
      Day 6 (12/23/09): Check Cashed/Notice Action
      Day 13 (12/30/09):Request for Evidence
      Day 18 (1/4/10): FP Letter
      Day 21 (1/7/10): FP Walk-in
      Day 35 (1/21/10): FP Original Date
      Day 40 (1/26/10): Transferred to office
      Day 44 (1/30/10): Interview Letter Received
      Day 47 (2/2/10): Yellow Letter
      Day 76 (3/3/10): Interview
      Day 100 (3/27/10): Oath Letter
      Day 119 (04/15/10): Oath-US Citizen

      Comment


      • #4
        Actually you can apply and see what happens. In the worst case scenario you will be rejected with a polite letter to reapply in few years. But you may get approved via burocracy crack. I know a person got her EAD just after she filed for asylum. At that time she had to wait like 150 days or so to be eligable to file. Nobody noticed it and she got EAD.
        RD: 09/2001
        ND: Have no clue-Never received
        FP: 11/2001, 07/2004
        LUD: 07/20/2005, 07/21/2005, 07/25/2005, 07/26/2005
        RFIE request sent/mailed by USCIS: 7/21/2005
        RFIE request received: 7/27/2005
        RFIE response sent to USCIS: 7/29/2005
        RFIE response received by USCIS: 8/02/2005
        LUD: 08/02/2005, 08/03/2005
        APPROVED ON 09/16/2005!!!!!
        BIO notice (code 2) received: 10/3/2005
        BIO (code 2) done: 11/11/2005
        LUD: 11/11/2005 CARD IS MAILED!!!!

        Comment


        • #5
          Originally posted by samird
          Actually you can apply and see what happens. In the worst case scenario you will be rejected with a polite letter to reapply in few years. But you may get approved via burocracy crack. I know a person got her EAD just after she filed for asylum. At that time she had to wait like 150 days or so to be eligable to file. Nobody noticed it and she got EAD.
          It doesnt matter if one is a refugee or an asylee..for naturalization. What matter is when they were approved. A Refugee's approval date is not when he enters the country...His entering as a refugee simply meant that he doesnt have to be held under a cap...He still had to file all the paperwork and then USCIS to look at his applicatin like all others and THEN SEND an approval.

          The approval date on GC is what really counts. If an asylee can show that his approval date on GC is 2000..he can apply for GC tommorrow..

          There is a fee that you have to pay. I forgot how much it is..275?..I dont think they refund your fee...
          Last edited by wantmygcnow; 25th August 2005, 02:25 PM.

          Resident Since Date: 12/12/04
          DO: Washington D.C,
          10/12/09 (Day 1): Mailed
          10/13/09 (Day 2): Priority Date
          10/24/09 (Day 12): Date of Fingerprint Letter
          10/28/09 (Day 16): Fingerprinted Walk-in
          11/05/09 (Day 24): FP Date(Original Date)
          11/13/09 (Day 32): FP Redone(lost by USCIS)
          11/18/09 (Day 38): Case transfered
          11/23/09 (Day 43): Received IL
          12/29/09 (Day 78): Interview Date
          12/29/09 (Day 78): Oath
          12/30/09 (Day 79): Applied for Passport @ DC, got it at 11:30am

          Comment


          • #6
            Check out the N400 form

            I carefully reviewed the N-400 application form for naturalization. There is a specific field asking for the "date you have become a permanent resident". Under instructions it shows this date being the date on your green card. Also you are required to attach a "photocopy of both sides of the the permanent resident card".
            I do not think you can get around this. The only thing you can hope for is that the officer will not check the date on the application matching the date on the card copy PLUS that the officer during your interview will not check the date on the application with the date on your actual card (you need to have it with you).

            The application fee is $390 - if you decide to waste it.

            I agree that this is a loophole in the immigration legislation, but unless it is corrected on the highest level, I don't see how we can apply early.

            L.
            Asylum Approval: 12/2001
            RD: 12/2002
            ND: 12/2002
            FP: 07/2004
            RFI sent/mailed by USCIS: 8/19/2005
            RFI received: 8/22/2005
            RFI response sent: 8/23/2005
            RFI response received: 8/27/2005
            BIO notice sent: 8/26/2005
            BIO notice received: 9/01/2005
            BIO done: 9/09/2005
            Case transferred to Alb local office: 03/08/2006
            Interview #1: 04/08/2006
            Case transferred to Des Moines local office: 08/01/2006
            Interview #2: 09/06/2006
            Case approved & I-551 stamp received: 09/06/2006

            Comment


            • #7
              I know this (but not quite sure) that if your naturalization application is rejected, you cannot apply for another 5 years. And those people over there are not bunch of kids who might overlook this. Giving citizenship is a serious issue for the US Govt. and those who believe to fool the system might caught in dangerous circumstances.
              Lazer "thegreat"
              ............................................
              Resident Since: 06/19/05

              D/O: Chicago, IL
              03/20/10 : N-400 Mailed to Phoenix, AZ
              03/22/10 : USPS Express with Return Receipt
              04/08/10: NOA Received
              04/23/10: FP Letter Received
              05/12/10: FP DONE (Walk-in)
              05/17/10: FP Date
              06/01/10: IL Received
              07/12/10: ID
              07/14/10: Oath
              07/14/10: Applied for Passport
              07/15/10: Passport in Hand

              Comment


              • #8
                Originally posted by Lazerthegreat
                I know this (but not quite sure) that if your naturalization application is rejected, you cannot apply for another 5 years. And those people over there are not bunch of kids who might overlook this. Giving citizenship is a serious issue for the US Govt. and those who believe to fool the system might caught in dangerous circumstances.
                Lazer...any news about your case? Have you written them or anything?...

                Resident Since Date: 12/12/04
                DO: Washington D.C,
                10/12/09 (Day 1): Mailed
                10/13/09 (Day 2): Priority Date
                10/24/09 (Day 12): Date of Fingerprint Letter
                10/28/09 (Day 16): Fingerprinted Walk-in
                11/05/09 (Day 24): FP Date(Original Date)
                11/13/09 (Day 32): FP Redone(lost by USCIS)
                11/18/09 (Day 38): Case transfered
                11/23/09 (Day 43): Received IL
                12/29/09 (Day 78): Interview Date
                12/29/09 (Day 78): Oath
                12/30/09 (Day 79): Applied for Passport @ DC, got it at 11:30am

                Comment


                • #9
                  nothing yet wantmygcnow! still waiting. plz go check you personal messages.
                  Lazer "thegreat"
                  ............................................
                  Resident Since: 06/19/05

                  D/O: Chicago, IL
                  03/20/10 : N-400 Mailed to Phoenix, AZ
                  03/22/10 : USPS Express with Return Receipt
                  04/08/10: NOA Received
                  04/23/10: FP Letter Received
                  05/12/10: FP DONE (Walk-in)
                  05/17/10: FP Date
                  06/01/10: IL Received
                  07/12/10: ID
                  07/14/10: Oath
                  07/14/10: Applied for Passport
                  07/15/10: Passport in Hand

                  Comment


                  • #10
                    Lazer, I agree with you...people should have some patience after waiting for so long and not try to get around the regulations...
                    Asylum Approval: 12/2001
                    RD: 12/2002
                    ND: 12/2002
                    FP: 07/2004
                    RFI sent/mailed by USCIS: 8/19/2005
                    RFI received: 8/22/2005
                    RFI response sent: 8/23/2005
                    RFI response received: 8/27/2005
                    BIO notice sent: 8/26/2005
                    BIO notice received: 9/01/2005
                    BIO done: 9/09/2005
                    Case transferred to Alb local office: 03/08/2006
                    Interview #1: 04/08/2006
                    Case transferred to Des Moines local office: 08/01/2006
                    Interview #2: 09/06/2006
                    Case approved & I-551 stamp received: 09/06/2006

                    Comment


                    • #11
                      Originally posted by windywd
                      Oh, well, there was a Q&A and their answer is "No." However, several immigration advocacy groups are planning to sue their on the issue. Their basis is "heck, why refugees starting date is the date when they enter U.S., while asylee' is the date PR approved." It will be a long battle.

                      Ok, got work to do. Kinda of weird of posting a lot after my approval. But I am getting bored about my job in NYC.
                      excuse me, heard you got approved for quite while, did you get your card?

                      skiwalz
                      nd:03/2001
                      fp:07/2004
                      rfi:06/2005
                      bio:07/2005
                      apprv notice:08/22/05(e-mail), letter not recieved yet.

                      Comment


                      • #12
                        Not yet. I did receive their approval letter, though. They said they mailed out my card last Friday..... Well, you'll have to allow at least 2 weeks to get it. I won't be this calm if I receive the card that is not backdated.

                        I don't really care about the physical card. My approval date is set, so....

                        I do care about the RTD, which never appear. I can't use GC alone to travel to Holland. F**K them!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!
                        RD: 03/02
                        ND: 04/01 (I am NOT responsible for this!)
                        FP: 07/04
                        RFI: 07/05
                        BIO: 07/05
                        APPROVAL: 08/05

                        Comment


                        • #13
                          Originally posted by Lazerthegreat
                          nothing yet wantmygcnow! still waiting. plz go check you personal messages.
                          Lazer, I don't have any personal messages fromyou..did you email me?

                          Resident Since Date: 12/12/04
                          DO: Washington D.C,
                          10/12/09 (Day 1): Mailed
                          10/13/09 (Day 2): Priority Date
                          10/24/09 (Day 12): Date of Fingerprint Letter
                          10/28/09 (Day 16): Fingerprinted Walk-in
                          11/05/09 (Day 24): FP Date(Original Date)
                          11/13/09 (Day 32): FP Redone(lost by USCIS)
                          11/18/09 (Day 38): Case transfered
                          11/23/09 (Day 43): Received IL
                          12/29/09 (Day 78): Interview Date
                          12/29/09 (Day 78): Oath
                          12/30/09 (Day 79): Applied for Passport @ DC, got it at 11:30am

                          Comment


                          • #14
                            windywd-did you get your Plastic Card?

                            Originally posted by windywd
                            Oh, well, there was a Q&A and their answer is "No." However, several immigration advocacy groups are planning to sue their on the issue. Their basis is "heck, why refugees starting date is the date when they enter U.S., while asylee' is the date PR approved." It will be a long battle.

                            Ok, got work to do. Kinda of weird of posting a lot after my approval. But I am getting bored about my job in NYC.
                            windywd, heard you got approval quite a while, wondering if you got the plastic card?

                            skiwalz
                            nd:03/2001
                            fp:07/2004
                            rfi:06/2005
                            bio:07/2005
                            email appv notice:08/22/2005, not recieved letter yet.

                            Comment


                            • #15
                              Originally posted by wantmygcnow
                              Lazer, I don't have any personal messages fromyou..did you email me?
                              want! well I did send a long message on "private messages" of this site. Anyway now go check you yahoo email..
                              Lazer "thegreat"
                              ............................................
                              Resident Since: 06/19/05

                              D/O: Chicago, IL
                              03/20/10 : N-400 Mailed to Phoenix, AZ
                              03/22/10 : USPS Express with Return Receipt
                              04/08/10: NOA Received
                              04/23/10: FP Letter Received
                              05/12/10: FP DONE (Walk-in)
                              05/17/10: FP Date
                              06/01/10: IL Received
                              07/12/10: ID
                              07/14/10: Oath
                              07/14/10: Applied for Passport
                              07/15/10: Passport in Hand

                              Comment


                              • #16
                                Be aware of the potentially severe penalties for filing a frivolous citizenship application.
                                US Citizen Since December 2007-
                                Nothing I say on this board is intended to provide legal advice. Any and all comments made by me are general in nature. Nothing I say on this board may be construed to suggest the existence of an attorney-client relationship. I do not in any way seek to solicit clients here.
                                Everyone is strongly urged to retain legal counsel. Reliance on comments posted herein is at your own risk.

                                Comment


                                • #17
                                  Originally posted by thankful
                                  Be aware of the potentially severe penalties for filing a frivolous citizenship application.
                                  I disagree. Its not like someone is lying on their application. I know people(h1 gc holders) who have applied 1 year early and they have gotten the application back with the check saying sorry too early. So Yes you can try but I don't think it will get you in trouble with the law..Unless you actually lie on your application saying you have been a Permanent resident since 1950 or something...

                                  If they can issue a RTD while another one is still valid...and the regulation says otherwise..what does it mean? Lots of members have gotten GC backdated more than 1 year...so they should be in jails? Point is..IF uscis messes up things..its their fault.not yours.

                                  Resident Since Date: 12/12/04
                                  DO: Washington D.C,
                                  10/12/09 (Day 1): Mailed
                                  10/13/09 (Day 2): Priority Date
                                  10/24/09 (Day 12): Date of Fingerprint Letter
                                  10/28/09 (Day 16): Fingerprinted Walk-in
                                  11/05/09 (Day 24): FP Date(Original Date)
                                  11/13/09 (Day 32): FP Redone(lost by USCIS)
                                  11/18/09 (Day 38): Case transfered
                                  11/23/09 (Day 43): Received IL
                                  12/29/09 (Day 78): Interview Date
                                  12/29/09 (Day 78): Oath
                                  12/30/09 (Day 79): Applied for Passport @ DC, got it at 11:30am

                                  Comment


                                  • #18
                                    I agree with want

                                    I would have to agree with want. There are materials out there saying that one qualifies to start naturalization process as soon as granted asylum. I know that at some point I myself was confused and actually still am.
                                    So, you can try and that's not lying. It's basically, you are asking USCIS to give you something that they don't have to. But you are not lying about it.
                                    It's like coming up to someone and saying, "give me 10 bucks, although I have a job and make a living". The person would probably tell you: "Take a hike", but they really can't punish you for it, because you admitted that you have a job!!!
                                    ND: October, 2004

                                    Comment


                                    • #19
                                      windywid, you mentioned that you are going to Holland, what are the requirements for a visa?? do we need a visa or just RTD is enough like Germany?? i wanna go to Holland too
                                      thanks
                                      US citizen

                                      Comment


                                      • #20
                                        hey guys!!!

                                        I've been paying attention a lot to this thread regarding the naturalization process for asylees.First I want to inform u that we have another ND 2001 asylee approved I checked my status online today and there was the famous message saying that my case got approved and the aproval letter its on his way.

                                        ND:06/01
                                        rfi:7/2005
                                        bio:8/2005
                                        approval status online: 8/24/05

                                        I've been so happy the past hours..I already emptied all the beers I got in my fridge...hehehe.
                                        Well anyways, my comment regarding naturalization is just go with it. Everybody is talking about..what will happen,..what if...I heard that....We need facts right now.Whom in the forum has applied for naturalization counting the years where asylum was granted? by this type of experiences we can clear out many many many doubts that all the people that has been approved lately have.

                                        For this fiscal year and for the next one we will have a lot of people get aproved and I am pretty sure more than half will want to apply for citenzenship as soon as possible.... In my opinion I will say, that immigration laws are made with such ambiguity sometimes and it always leave a small window for the applicant to interpretate a law on his own benefit. I am planning to do it next year,previously talking with a lawyer and asking him what are the chances, and which laws can be used for my benefit. I feel it can be done. At least try won't hurt. That is the only way to start making pressure about this issue with the authorities, it does not make sense at all to wait 10 years in total to become a citizen. Maybe attaching a good explanatory letter with an application, worked out with a good lawyer before, can help. After all, officers are people and decisions sometimes are discrecional. We just need an asylee to make it through and then the rest is history.All lawyers will be able to base their cases in that asylee that got it.

                                        Cheers!!!

                                        Comment

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