4 years to citizenship or 5?

A

Asylee104

Registered Users (C)
Hi,

I am slightly...well very confused.

I got my greencard via political asylum. I got my green card actually in hand in january 06. however, the 'date of issue' noted on my greencard is noted january 05. I've read that greencard->citizenship takes 4 years instead of 5 when greencard was achieved through political asylum.

some sites I read were:


can someone please clear this for me.
 
the general rule is u need to wait 5 years/3 years (if married to a us citizen) from the day stated on ur green card as resident since, to apply for citizenship.

when asylees receive their green card, it is backdated 1 year. so if u receive your green card in jan 06, it will be backdated 1 year, meaning that ur resident since date will be as of jan 05. this is because uscis counts the 1 year residency requirement for I-485 filing for asylees, towards your residency requirement for citizenship. so when u receive ur green card, you have already waited 1 year. that is why from the day you have it in hand, you have to wait 4 years to apply for citizenship and not 5.

but in any case, to avoid any confusion, just bear in mind that u can apply for citizenship 5 years from the resident since date stated on ur green card, whatever that date might be.

hope this helps.
 
Hi Asylee104,

You can apply 4 years and 9 months after the date shown on your GC. So, u can send your application on October (2009), YES this year.;)
 
ok great!

but I thought 4 years would be counted from date shown on my green card (2005). If that were the case i'd be applying for citizenship now :)

I have another question...

Me and my dad got the green card within the difference of 2 or 3 days (his date on GC says 26th jan 2006 and mine says 28th jan 2006. However, my moms' GC came 7 or 8 months late so date on her GC says August 2006. Our asylum case was approved all on same day and we applied for GC on the same day. We even went for fingerprinting on same day. Is it that the processing time for her GC just took long...or is there something we can do that will 'prove' or 'show' that we applied for gc on same day so why the 7 or 8 month differnce?
 
Asylee104 said:
ok great!

but I thought 4 years would be counted from date shown on my green card (2005). If that were the case i'd be applying for citizenship now :)

I have another question...

Me and my dad got the green card within the difference of 2 or 3 days (his date on GC says 26th jan 2006 and mine says 28th jan 2006. However, my moms' GC came 7 or 8 months late so date on her GC says August 2006. Our asylum case was approved all on same day and we applied for GC on the same day. We even went for fingerprinting on same day. Is it that the processing time for her GC just took long...or is there something we can do that will 'prove' or 'show' that we applied for gc on same day so why the 7 or 8 month differnce?
Click to expand...


It does not matter when you applied for it. It is the date of approval that controls. do not get too creative.
 
any Help on the following case will be much appreciated:

Case Summary: I had a previous H1b issued in 2001 and left US by Dec-2004. I applied for a new H1b in 2006 and obtained a H1b stamping in Jan-2007. I have transferred two companies so far and I am now with the third company. I am about to initiate PERM certification towards GC. The VISA issued on the passport is valid till NOV-2007 and the I-797 with the current employer is valid till Aug-2010.
The confusion is that whether the new H1b was issued for the remainder of my prior H1b - 2001 quota or is it a new 2006 quota. The new I-797 issued in Jan-2007 did not have any I-94 attached to it. Further, I have clearly stayed out of US for 2 years after my final departure in Dec-2004.
 
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