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asylum applying for naturalization with green card that was not backdated

Discussion in 'US Citizenship' started by Josh777, Jun 19, 2010.

  1. Josh777

    Josh777 Registered Users (C)

    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. baikal3

    baikal3 Registered Users (C)

    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.
  3. John Smith 1

    John Smith 1 Registered Users (C)

    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 a moderator: Jun 21, 2010
  4. Josh777

    Josh777 Registered Users (C)

    "residence since" date wasn't backdated either.
  5. Josh777

    Josh777 Registered Users (C)

    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 ?
  6. baikal3

    baikal3 Registered Users (C)

    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.
  7. faysal

    faysal Registered Users (C)

    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
  8. faysal

    faysal Registered Users (C)

    "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 a moderator: Jun 21, 2010
  9. Bobsmyth

    Bobsmyth Volunteer Moderator

    Refrain from calling other posters idiots and bashing other people's advice.
  10. baikal3

    baikal3 Registered Users (C)

    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/showt...out-Eligibility-Asylum-and-Permanent-Resident, particularly the lasts posts of Jackolantern and of Thankful there.

    Funny, that is often the feeling I get when I am reading your posts.

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