Citizenship/G.C question...

A

Asylee05

Registered Users (C)
My mother just informed me there's a law a lot of us immigrants weren't aware of that says: WE'RE ELIGIBLE TO APPLY FOR CITIZENSHIP 5 YEARS FROM THE TIME THE ASYLUM APPROVAL'S BEEN GIVEN.
Meaning I can apply immediately for citizenship the DAY AFTER I RECEIVE my Green Card because I've been waiting for it for 5 years or more.
In my case I got approved March 30, 1999...which would make me eligible since it's been 6 years. Is anybody else aware of this law?
The normal procedure required Green Card holders to wait an additional 3-5 years before being eligible to apply for citizenship, but apparently, it's based on the date on the Asylum approval letter.
Thanx
 
I read it in this forum a long time back..but no one confirmed it. Can you please ask your Mom, where did she get this reference from and how do we check it out? I am sure not even the immigration lawyers are aware of it, if it's true.
 
I can share this information:

My friends' mother got her GC through Family and since her son (my friend) was over 18, she couldn't file for him until she gets her citizenship, so she went ahead and applied for him anyways after she got her GC and now she got her citizenship, they counted the time as when she first applied for him 4 years ago and he didn't have to wait 3 years like the others who file to get GC through family. I always though that it doesn't work to apply for things before its legal time says, but it worked for them. IMMIGRATION office is full of meystries :confused:
 
free100 said:
I read it in this forum a long time back..but no one confirmed it. Can you please ask your Mom, where did she get this reference from and how do we check it out? I am sure not even the immigration lawyers are aware of it, if it's true.
Click to expand...


The info came from a friend of my mother's (an immigration lawyer).
I have a cousin who applied for his Citizenship immediately without any issues. Apparently it checks out. Most people aren't aware of this because the INS probably doesn't want them to be. If you have any questions contact a good immigration lawyer...I'm sure he'll be able to back it up.
 
Asylee05 said:
The info came from a friend of my mother's (an immigration lawyer).
I have a cousin who applied for his Citizenship immediately without any issues. Apparently it checks out. Most people aren't aware of this because the INS probably doesn't want them to be. If you have any questions contact a good immigration lawyer...I'm sure he'll be able to back it up.
Click to expand...

Can you share the contact information of the lawyer? Tahnks.
 
Ok we are all back to what "MY MOM" told me. Well USCIS doesn't listen to your MOM or your DAD!!

When you apply for citizenship, you need to send a copy of your GC..On your GC it states "Permament Resident since xx/xx/xx" where xx is the date you were granted PR. 5 years after you can get a U.S Citizenship..simple as that.

NO They do not go and look at your asylum approval letter date. NO they do not look at when you applied for a GC and NO they do not care if have been in this country for 100 years but are PR since last 4 years.

LEGAL permanent residents can get a U.S Citizenship after 5 years in this country.

So yes talk to any lawyers you want but the rule is black and white. In USCIS term, LEgal Permanent resident is one with a GC...while Asylee is also a legal permanent resident, he isn't "legal permanent resident" in the eyes of USCIS....

I hope you check your facts before posting what your mom said. MY mom also said that I look like Tom Cruise..but Unfortunately I dont..:)
 
Interesting!!

Asylee05 said:
My mother just informed me there's a law a lot of us immigrants weren't aware of that says: WE'RE ELIGIBLE TO APPLY FOR CITIZENSHIP 5 YEARS FROM THE TIME THE ASYLUM APPROVAL'S BEEN GIVEN.
Meaning I can apply immediately for citizenship the DAY AFTER I RECEIVE my Green Card because I've been waiting for it for 5 years or more.
In my case I got approved March 30, 1999...which would make me eligible since it's been 6 years. Is anybody else aware of this law?
The normal procedure required Green Card holders to wait an additional 3-5 years before being eligible to apply for citizenship, but apparently, it's based on the date on the Asylum approval letter.
Thanx
Click to expand...

This issue was extensively discussed long time ago in this forum, Gilbert's conclusion (can be wrong) was that it was not possible.

Now let me share with you a friend's story, he's from a country where the political conditions have changed drastically since he applied for asylum, so he decided to go back to live in his country (Dec 2004), he just took a plane and landed there, after several months living there, he decided to go to the American Embassy to surrend his RTD and notify them about his decision. He filed I-485 in late 2001 or early 2002 I don't remember the exact date. The person in charge of such procedure at the American Embassy told him that he was considered as a US resident, if he was sure to surrend his Resident status (he never got approved), he said yes and asked for a visitor's Visa B1/B2, the officer congratulated him for being so honest, and gave him immediatelly the non-immigrant visa.

What I'm thinking about right now is that Asyle05's mom's friend can be right, now linking his thread with my friend's experience I can think that there is any way that the waiting time counts towards citizenship.

Definetelly is something that must be deeply studied with experienced Immigration Attorneys, maybe Hampton or Tortfeasor can help us with their contacts.
 
Last edited by a moderator:
This is bunk. Stupid comments about the citizenship date appear on this chat board from time to time.




wantmygcnow said:
Ok we are all back to what "MY MOM" told me. Well USCIS doesn't listen to your MOM or your DAD!!

When you apply for citizenship, you need to send a copy of your GC..On your GC it states "Permament Resident since xx/xx/xx" where xx is the date you were granted PR. 5 years after you can get a U.S Citizenship..simple as that.

NO They do not go and look at your asylum approval letter date. NO they do not look at when you applied for a GC and NO they do not care if have been in this country for 100 years but are PR since last 4 years.

LEGAL permanent residents can get a U.S Citizenship after 5 years in this country.

So yes talk to any lawyers you want but the rule is black and white. In USCIS term, LEgal Permanent resident is one with a GC...while Asylee is also a legal permanent resident, he isn't "legal permanent resident" in the eyes of USCIS....

I hope you check your facts before posting what your mom said. MY mom also said that I look like Tom Cruise..but Unfortunately I dont..:)
Click to expand...
 
wantmygcnow said:
Ok we are all back to what "MY MOM" told me. Well USCIS doesn't listen to your MOM or your DAD!!

When you apply for citizenship, you need to send a copy of your GC..On your GC it states "Permament Resident since xx/xx/xx" where xx is the date you were granted PR. 5 years after you can get a U.S Citizenship..simple as that.

NO They do not go and look at your asylum approval letter date. NO they do not look at when you applied for a GC and NO they do not care if have been in this country for 100 years but are PR since last 4 years.

LEGAL permanent residents can get a U.S Citizenship after 5 years in this country.

So yes talk to any lawyers you want but the rule is black and white. In USCIS term, LEgal Permanent resident is one with a GC...while Asylee is also a legal permanent resident, he isn't "legal permanent resident" in the eyes of USCIS....

I hope you check your facts before posting what your mom said. MY mom also said that I look like Tom Cruise..but Unfortunately I dont..:)
Click to expand...


there are some exceptions though. I spoke with a senior Immigration Officer (she is also congressional contact) on Friday and she mentioned something about that. I guess they can do it for humanitarian reasons.
 
Let's try it....

You know what? Nanok a while back claimed that her brother and some other relatives got citizenship before the time-period required, which for asylees is 3 years and 9 months to be exact after they get their GC.
Now, from here and there people keep bringing it up. I think whoever thinks its possible, should all chip in $25 each to a newly approved member or someone who was approved a year ago or so. Tell him to apply for the citizenship. When he gets denied and that money is wasted, he can then share that blunt denial notice from USCIS with the rest of us to put this issue to sleep for good.
I ain't wasting my money for that lost cause :p :p
 
What about Refugee status? aren't they in the same shoes as we are, but yet when they apply for citizechip, they count their time from when they got the approval for a refugeee status? Isn't that right?or am I wrong?
 
ok, let's try it :)

I agree with Punjabi Munda. Let's chip in $25 (16 people at $25 each is enough to pay for the N-400 cost) and try this out.

Re: wantmygcnow's post - on the GC it said 'Resident since xx/xx/xxxx and then five years after the xx/xx/xxxx, you are eligible to become American.

In the case of a refugee, will the rule be different? B/c for refugee, the date will be based on the refugee approval not based on the date they got the green card, right?

So for refugee GC, will the xx/xx/xxxx refers to the date of their refugee approval then?

gracias,
lee_haircut5
 
Yeap

On the refugess GCs the Resident since date is the date when they were granted the refugee status. That's why they can apply for their citizenship five years after they were approved for their refugee status, provided they get their GC within those five years off course.
 
Ohio Asylee said:
What about Refugee status? aren't they in the same shoes as we are, but yet when they apply for citizechip, they count their time from when they got the approval for a refugeee status? Isn't that right?or am I wrong?
Click to expand...


The reason is very clear. Check out the immigration law. Congress purposely doles out different treatments to asylees and refugees, for policy reasons. Refugees will be eligible for citizenship five years from obtaining refugee status and asylees will be four years from getting their LPR status.

This is very cleary spelled out in the law. Really the end of discussion.
 
Another issue

Another hypothetical question. Suppose someone goes ahead and applies for the citizenship before the required time limit and also suppose (Damn, too many suppositions :) ) that USCIS makes a mistake and that individual gets his/her citizenship.
Now, what if after couple of years USCIS wakes up and strips off your citizenship based on the fact that it was acquired by misrepresentation of the facts?
 
That is my understanding, that Refugees can apply according to the date when they were granted refugee status. We have to also remember that this law of waiting for 4 years or 3 years and 9 months to be exact was established "in the perfect situation" which is:
1- Get your asylum approval
2- Wait a year then you can apply for GC
3- Get your GC within months
4- Wait 4 years after you get your GC then apply for Citizenship

NOW, did it ever work this perfect for us? :mad:
We really should do something about this, maybe contact OPERA or one of the talk hosts to do a program about us and our suffering since sometimes these shows look for a topic to talk about since they run out of ideas. Trust me if OPERA does a show about us, then there will be a change. Women can do miracles in this country. It will be some show tho if they bring the immigration office with asylees in a Jerry Springer show :D
 
Here's what I found on CIS website

1. Continuous Residence
“Continuous residence” means that you must live in the U.S. as a permanent resident for a certain period of time. Most people must be permanent residents in continuous residence for 5 years (or 3 years if married to a U.S. citizen) before they can begin the naturalization process. For refugees, this means 5 years from the date you arrived in the U.S., which is usually the date you obtained permanent resident status. For those granted asylum status in the U.S., this period begins one year before you got permanent resident status.
 
Asylee05 said:
My mother just informed me there's a law a lot of us immigrants weren't aware of that says: WE'RE ELIGIBLE TO APPLY FOR CITIZENSHIP 5 YEARS FROM THE TIME THE ASYLUM APPROVAL'S BEEN GIVEN.
Meaning I can apply immediately for citizenship the DAY AFTER I RECEIVE my Green Card because I've been waiting for it for 5 years or more.
In my case I got approved March 30, 1999...which would make me eligible since it's been 6 years. Is anybody else aware of this law?
The normal procedure required Green Card holders to wait an additional 3-5 years before being eligible to apply for citizenship, but apparently, it's based on the date on the Asylum approval letter.
Thanx
Click to expand...

This argument is tantamount to saying that an asylee could apply for citizenship five years after he or she was approved for asylum irrespective of having GC or not. We all know that the immigration law in canada works that way. They count all the days you wasted while waiting for GC. In fact my assumption is that when the US Law for asylum was inacted, they did not anticipated that asylees would wait so many years to get their GC. They thought an asylee would wait only one year from his or her approval to get the GC. I believe that was the rationale for one year back dated GC. I am pretty sure aslylees in those days saw this provision very positively because they never imagined that today's asylees would wait years to get their GC. Finally, the date for applying citizenship is triggered by the date on your GC...that is the bottomline. Your lawyer, mom, immigration officer or any other authority would tell you otherwise, but that doesn't change the law.
 
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