5 years namecheck etc. delays in GC, why wait for another 5 years to apply citizenship

G

GaramChai2go

Registered Users (C)
I waited for GC approval for 5 years after filing I485 (4 years Namecheck delays in GC, another 1 year filing was biting the dust). Is there a way I can appeal to apply citizenship without waiting for another 5 years?
Please share if you are going thru similar pain.
:(:(:(:(
 
You want to appeal before you apply??
Just because you were stuck in name check during I-485 process doesn't mean the same will happen for naturalization process. Apply first, then deal with any delays as they come along.
 
Unfortunately there is no law that allows USCIS to credit for those years of delay for GC towards the 5 yr. residency requirement for citizenship. In this environment, we can only expect more road blocks or tougher immigration requirements, not such things. You have to wait for 5 yrs. after GC to apply for citizenship. My GC process started in 1997 and ended in 2004 and I felt the same everyday after getting GC approval but there is no option for us here.
 
Bobsmyth said:
You want to appeal before you apply??
Just because you were stuck in name check during I-485 process doesn't mean the same will happen for naturalization process. Apply first, then deal with any delays as they come along.
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The OP is talking about the 5 yr. waiting period as GC holder to apply for citizenship, not the citizenship processing time.
 
Bobsmyth said:
You want to appeal before you apply??
Just because you were stuck in name check during I-485 process doesn't mean the same will happen for naturalization process. Apply first, then deal with any delays as they come along.
Click to expand...

Bob,
What OP really meant was, he has already spent about 5 years since filing 485 and getting PR status. Can he somehow get credit for the time spent after filing 485.

Anyway, as spiderman03 mentioned, there is no law or regulation to accommodate GC processing delays.
 
SEA400 said:
Bob,
What OP really meant was, he has already spent about 5 years since filing 485 and getting PR status. Can he somehow get credit for the time spent after filing 485.
Click to expand...
Yes, as spiderman already explained to me above.
 
spiderman03 said:
Unfortunately there is no law that allows USCIS to credit for those years of delay for GC towards the 5 yr. residency requirement for citizenship. In this environment, we can only expect more road blocks or tougher immigration requirements, not such things. You have to wait for 5 yrs. after GC to apply for citizenship. My GC process started in 1997 and ended in 2004 and I felt the same everyday after getting GC approval but there is no option for us here.
Click to expand...

Thanks for your reply.
As you said you felt the same way, I am sure now there are tons of people going through or will go through this pain specially after visa number unavailability if not namecheck.
 
GaramChai2go said:
Thanks for your reply.
As you said you felt the same way, I am sure now there are tons of people going through or will go through this pain specially after visa number unavailability if not namecheck.
Click to expand...

See my signature... my GC was stuck for 3 years because they mixed up my wife's file with some other person's file with the same name. The fact that the social security number would be different, the address would be different, the photo would be different and the spouse name would be different did not matter. Of course, one year might have been lost because after 9/11 they just stopped processing anything (or slowed it down), but 2 years are purely trying to sort out the files. What can be done? - Nothing as per current law. And if you lobby to change the law, it will be your kids or grandkids who will see any benefits as this is probably very low on their priority. [ On hindsight, looks like my wife's file, and hence my file, was stuck in what I now know as name check. ]

However, the bright side is that once you have GC, you have very few constraints except for maintaining residency and not leaving employer within a few months. Enjoy.
 
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