When eligible to apply for citizenship?

[poolhall]

I have just received my green card.

The basis for my immigration was public interest parole, which I have been granted as a former USSR national after having been denied a refugee status. I entered the USA in Sept. 2004 and have since been living here without interruptions.

My question is when I am eligible to apply for citizenship. Is it 5 years from the date of entry to the USA, or from the date the I-485 was granted?

Thank you,
poolhall

[asPapi]

Originally Posted by poolhall

I have just received my green card.

The basis for my immigration was public interest parole, which I have been granted as a former USSR national after having been denied a refugee status. I entered the USA in Sept. 2004 and have since been living here without interruptions.

My question is when I am eligible to apply for citizenship. Is it 5 years from the date of entry to the USA, or from the date the I-485 was granted?

Thank you,
poolhall

It is five years from the date you were granted permanent residency.

[poolhall]

Originally Posted by asPapi

It is five years from the date you were granted permanent residency.

Thank you for your input.

Though, I have been reading in some FAQs that parolees are eligible to apply for citizenship five years from the date they entered the US as parolees if they have already adjusted to permanent resident status.

But I failed to find any legal reference to the above statement, and I'm currently trying to find it.

Thank you,
poolhall

[TheRealCanadian]

Originally Posted by poolhall

Though, I have been reading in some FAQs that parolees are eligible to apply for citizenship five years from the date they entered the US as parolees if they have already adjusted to permanent resident status.

The INA is quite explicit about requiring five years as a permanent resident.

[poolhall]

Originally Posted by TheRealCanadian

The INA is quite explicit about requiring five years as a permanent resident.

Thanks, but I know that.

There should be some exception/special ruling applied for parolees, which I'm trying to find.

Here and here, and in some other places, I read that "parolees are eligible to apply for citizenship five years from the date they entered the United States as parolees, provided they have since adjusted status to a lawful permanent resident".

I'm just trying to get any info to confirm this and to find legal reference for it.

Thank you,
poolhall

[fkdude]

Hello,
Not that this helps much because I can't point to legal documents, but I work with a woman who is now a US citizen. She entered as an asylee, and there were some issues with her processing, but she found the same rule, and became a citizen since it had been 5 years since her entrance. She got the Senator's office in her state to help her out.

[poolhall]

Thanks, fkdude!

I spent some hours yesterday on legal research and found what I was looking for.

It's 8 CFR 1245.7 (e):

Date of approval. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission as a lawful permanent resident as of the date of the alien's inspection and parole described in paragraph (b)(2) of this section.

This particular section (8 CFR 1245.7) applies only to certain Soviet and Indochinese parolees under the so-called Lautenberg/Specter Amendment (Pub. L. 101-167), but with regard to refugees there is similar provision in the law 8 USCS §§ 1159 (a)(2), pursuant to which approval of I-485 has retroactive affect:

Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this Act at the time of the alien's inspection and examination shall, notwithstanding any numerical limitation specified in this Act, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien's arrival into the United States.

Thank you,
poolhall

--------------
Disclaimer: I'm not at attorney

[TheRealCanadian]

That's correct. Keep in mind that this does apply to the vast majority of parolees.

[thankful]

What is the "resident since" date on your green card? It is five years from that date. Most special programs for the former Soviet Union "roll-back" your green card effective date to the date of your first arrival in the United States. It sounds like you are in one of those programs. If your date on the card is not correct you need to ask them to change it.

[poolhall]

Originally Posted by thankful

What is the "resident since" date on your green card? It is five years from that date. Most special programs for the former Soviet Union "roll-back" your green card effective date to the date of your first arrival in the United States. It sounds like you are in one of those programs. If your date on the card is not correct you need to ask them to change it.

Hello thankful,

My green card states that I'm a resident since Dec.2007.

Today, I called a guy who had the same public interest parole status, and his GC also has resident since date as of the status adjustment date, not the date of parole.
At the same time, people with refugee status have this date as of the date of arrival to the USA.
The guy went to an attorney, and he told the guy not worry about that and apply for citizenship 9 months before 5 years from the date of arrival, and support this with his I-94 card.

Thank you,
poolhall

[thankful]

It is true that you will be able to prove your entitlement even with an incorrect date on the card.

Just remember a couple of things.

First, what if you misplace your I-94 card? Then you will have to request a copy of your immigration file from USCIS to get proof of your parole status (which will take forever).

Second, when you apply for citizenship it will be the clerical staff who will see your application first. It is a safe bet that they are not aware of this rule for parolees. You can test this theory by calling the USCIS customer service line and see if the service rep. knows anything about this. So most likey the staff will conclude that you have filed too early and bounce the application back to you. At that time you will have to talk to the USCIS using other channels to convince them that you are a special case. This has happened to many people and it made their naturalization process more stressful than it should be.

Lastly, does it make you feel better to have an 100% accurate card with you?

[poolhall]

Originally Posted by thankful

Lastly, does it make you feel better to have an 100% accurate card with you?

Of course! Actually, I'm very concerned about this date in my GC.
What's your recommendation? To call them, to write? If the latter, then where to write to?

[shoona]

Hi! We have the same problem. My husband was granted parolee status, came to USA in May 2003, received his GC in Jan 2005 and now it is time to apply on US citizenship (?).
Can you help me to understand this place in the document you found:

(2) Was inspected and granted parole
into the United States during the pe-
riod beginning on August 15, 1988, and
ending on September 30, 1990, after
being denied refugee status.

How can I find when the parole status was granted?
I have case number, but it says nothing to uscis.

Please, keep me informed if you are able to find something. Thank you!

[poolhall]

hi shoona,

EDIT: sorry, I misread your post.
I will answer you later.

[poolhall]

Originally Posted by shoona

Can you help me to understand this place in the document you found:

(2) Was inspected and granted parole
into the United States during the pe-
riod beginning on August 15, 1988, and
ending on September 30, 1990, after
being denied refugee status.

How can I find when the parole status was granted?

The parole is granted when one enters the USA and gets his I-94 stamped. So the date of the arrival that your husband have on his I-94 is the date he was granted parole. My I-94 states the date I arrived to the USA and says: "paroled until <date>".

About those dates, from August 15, 1988 to September 30, 1990, - these are dates the Lautenberg amendment was initially enacted. Since that, the amendment was several times prolonged, and Lautenberg/Specter parolees have been actually admitted to the USA until at least 2004.

[shoona]

Thank you
I'm trying to find people, who already came through this process, because I don't understand that my husband should write in the N-400 form (date of his permanent residence status)...
The lawyers in Denver don't know much about parolee status
Please keep me informed.
My e-mail shoona@gmail.com
Thanks for your reply!

[poolhall]

dear shoona,

try calling HIAS (http://www.hias.org/contactus.php), they have had tons cases like that.

[shoona]

Originally Posted by poolhall

dear shoona,

try calling HIAS (http://www.hias.org/contactus.php), they have had tons cases like that.

I will. Thank you for the advise!

[poolhall]

and please let me know what they will tell you :-)

[shoona]

Sure
Just for information - HIAS answer for this question in russian http://www.rusnetusa.com/reference/s....asp?idref=831
НАТУРАЛИЗАЦИЯ И НЕПРАВИЛЬНАЯ ДАТА ВЪЕЗДА, УКАЗАННАЯ НА ГРИНКАРТЕ

В. «Какая дата должна стоять на пластиковой гринкарте человека, въехавшего в США со статусом «пароль» и что делать, если эта дата не соответствует истине?»

О. О том, какая дата должна стоять на карточке, мы рассказали в предыдущем ответе. Если же на карточке стоит неправильная дата, то это не отменяет права на подачу петиции о натурализации через пять лет после въезда в страну. Единственное, что нужно сделать – приложить к петиции о натурализации объяснительную записку, указывающую на ошибку.

[poolhall]

thanks!