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Naturalization for asylee can be sooner that we though?

Discussion in 'Political Asylum in USA' started by DesertRose50, Aug 25, 2005.

  1. DesertRose50

    DesertRose50 Registered Users (C)

    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. windywd

    windywd Registered Users (C)

    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. :)
  3. Cl_Asylee

    Cl_Asylee Registered Users (C)

    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. :confused:
  4. samird

    samird Registered Users (C)

    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.
  5. wantmygcnow

    wantmygcnow Volunteer Moderator

    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 a moderator: Aug 25, 2005
  6. lusiks

    lusiks Registered Users (C)

    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.

  7. Lazerthegreat

    Lazerthegreat Registered Users (C)

    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.
  8. wantmygcnow

    wantmygcnow Volunteer Moderator

    Lazer...any news about your case? Have you written them or anything?...
  9. Lazerthegreat

    Lazerthegreat Registered Users (C)

    nothing yet wantmygcnow! still waiting. :( plz go check you personal messages.
  10. lusiks

    lusiks Registered Users (C)

    Lazer, I agree with you...people should have some patience after waiting for so long and not try to get around the regulations...
  11. skiwalz

    skiwalz Registered Users (C)

    excuse me, heard you got approved for quite while, did you get your card?

    apprv notice:08/22/05(e-mail), letter not recieved yet.
  12. windywd

    windywd Registered Users (C)

    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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
  13. wantmygcnow

    wantmygcnow Volunteer Moderator

    Lazer, I don't have any personal messages fromyou..did you email me?
  14. skiwalz

    skiwalz Registered Users (C)

    windywd-did you get your Plastic Card?

    windywd, heard you got approval quite a while, wondering if you got the plastic card?

    email appv notice:08/22/2005, not recieved letter yet.
  15. Lazerthegreat

    Lazerthegreat Registered Users (C)

    want! well I did send a long message on "private messages" of this site. Anyway now go check you yahoo email..
  16. thankful

    thankful Registered Users (C)

    Be aware of the potentially severe penalties for filing a frivolous citizenship application.
  17. wantmygcnow

    wantmygcnow Volunteer Moderator

    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.
  18. curious_member

    curious_member Registered Users (C)

    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!!!
  19. asylee01

    asylee01 Registered Users (C)

    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
  20. Arizona_Poet

    Arizona_Poet Registered Users (C)

    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.

    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.


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