Can my mother apply for US citizenship, since her husband is US citizen for last 5 years ?

[newprint]

Hi !

My mother is married to my father, who is and was US citizen for last 4-5 years. Currently my mother's current status is - Asylum under 208(c)INA, she applied to get Green Card by filing I-485 in last month of 2007.

Can she just apply for US citizenship without waiting to get Green Card ??
Thanks !

 

[nkm-oct23]

No. SHe will be eligible to apply for citizenship 3 years after getting a green card AND remaining married to a US citizen.

 

[baikal3]

Hi !

My mother is married to my father, who is and was US citizen for last 4-5 years. Currently my mother's current status is - Asylum under 208(c)INA, she applied to get Green Card by filing I-485 in last month of 2007.

Can she just apply for US citizenship without waiting to get Green Card ??
Thanks !

Are you saying that your mother's I-485 is still pending, from the end of 2007??
If yes, you should be thinking about filing a writ of mandamus lawsuit against the USCIS to force them to adjudicate that I-485 application.

I don't think that your mother can file N-400 before her I-485 is approved. However, my understanding is that in the asylum cases, once the I-485 is approved, the "permanent resident since ..." date on the green card is back-dated by 12 months from the approval date of I-485. So, after her I-485 is approved, your mother would have to wait 2 years before becoming eligible to file N-400 under the 3-year marriage rule.

 

[Jackolantern]

I don't think that your mother can file N-400 before her I-485 is approved. However, my understanding is that in the asylum cases, once the I-485 is approved, the "permanent resident since ..." date on the green card is back-dated by 12 months from the approval date of I-485.

I think the 12-month backdate is only if the GC is based on asylum. In this case, the GC may be based on marriage.