Asylee with rejected letter when applying for Naturalization. Please help!!!

CGIACOMO1012

Registered Users (C)
I posted my questions in the Naturalization forum but I think the information is relevant to this forum as well. Please help!!!

I 've been following this forum for many years. This time, I really need to ask a couple of questitons. I will appreciate all the advice I could get.

I was granted asylym and became a permanent resident in August 2004. I was told I could request my Naturalization 1 year before the 5 years permanent residency requirement. Apparently per 8 C.F.R. 209.2 (f) ?????one needs to use the granted date in the Green Card as the baseline. Following all this, 2 weeks ago I sent my N-400. The Department of Homeland Security just returned my application along with my check.

They claim the following reason: In Part 2, Eligibility, I chose D: Other. The explanation I gave for option D was: "I'm applying on the basis of been granted PR through Asylum in August 2004". The letter I just received also states "... you selected D "Other" but you have not specified a section of law related to naturalization. Please review and mark the appropriate block in Part 2. If you select Other, clearly print the section of law in the space provided".

My question is, am I better of checking box "A": "I have been a lawful permanent resident of the United States for at least 5 years", even though in reality it will not be five years until August, but because I'm covered by 8 CFR 209.2 (f), I don't need to put any specifics? Or, do I need to put the specifics of the law and the exemption for a shortened time and leave option D? If this last part is the case, is section 8 C.F.R.209.2 the ride law information I need to put in the line provided to explain? Could anyone please provide the sections and specific statutes of the law supporting the right to apply for Naturalization?

My second question:
My Family name is "A". My husband's is "C" and is also a naturalized US Citizen. My GC has my first name with his last name, so I'm registered as a married woman. When I was granted Permanent Residence, the IO asked me about my name and I saw no problem using my husband's last name, but honestly never thought of the consequences. This IO also said that for any documents or procedures my legal name with USCIS was "C" from that moment. I think I asked her back then if I had to legally request to change may name in court and she said that it will be up to me. Now that I'm in this Naturalization process, in my N400 I requested my last name change to "B", for which I checked the box requesting it and wrote down the new last name I want. I did include the marriage certificate proving why my GC has the last name "C", but I never went to a court to legally change my name. I just didn't want to legally change my name and pay extra money thinking that I could do it when taking the Oath. Are my assumptions correct? What consequences I may have by me asking for this last name change? I'm in Miami, Florida. How long does this Naturalization process take? What is the time frame to get the interview and then the Oath?

Thanks!
 
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Cafeconleche,
But it is not 5 years yet. From August 31 2005 (Resident Since date is August 31 2004) to August 31 2009 is 4 years. The time will be up in two more months, more exactly in June 2 (90 days prior 31 August 2009). I don't want to wait until June if I could do it right now. Do I need to Check A or D then, or shall I just wait? That's why I'm asking. Please clarify. Thanks for your time in advance!
 
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You can apply 4 years and 9 months after the resident date in your greencard. So you can apply on or after May 31, 2009. There is no way you can apply before. Have to wait.
 
whatever dat that is stated on ur green card (resident since: / / ), that is when ur permanent resident, residency requirement clock starts! u can apply for naturalization, 4 years and 9 months after that date! for asylees, their green card is back dated 1 year because they count the 1 year residency requirement after the grant of asylum for I-485 filing, towards ur naturalization residency requirement.

for your second question, i guess as long as you show that ur requested name is indeed ur birth name according to ur ID or birth certificate, it should be ok!
 
for asylees, their green card is back dated 1 year because they count the 1 year residency requirement after the grant of asylum for I-485 filing, towards ur naturalization residency requirement.


One confusion!

GC holders from Asylum is back dated 1 year-- lets say asylum granted in 2000-- I-485 filed in 2001. What if USCIS keeps I-485 in pending for 3 years and finally approves.

while applying for N400 ..is it still just 1 year back dated or more than that?
 
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Hi,

It is very simple. If the USCIS approve your case in January 01,2009 , they will back dated for you for one year which means Resident since January 01,2008.

Even though the your application was pending for 4 years, they do not count that 4 years. They always count the day GC is approved and back dated for one year and thats it.

Good luck
 
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