Citizenship/G.C question...

Mike N. said:
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.

Tell us the source. My understanding is that one must meet "continuous residency" and "permanent residency" to apply for citizenship. Asylees would meet the former but don't fulfill the later until after they get their GC and live for five years from the date indicated on their GC. Look at the definition of "Permanent Residence".

PERMANENT RESIDENCE: Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."

This definition does not include "asylee" and that is why we must apply to get our Permancent Residency.
 
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Wow...

Borntwice, not that I don't agree with your comments but looking at the definition of Permanent resident that you have posted here, don't you think Asylees are Permanent resident aliens since they are allowed to stay here indefinitely?
 
Punjabi_Munda said:
Borntwice, not that I don't agree with your comments but looking at the definition of Permanent resident that you have posted here, don't you think Asylees are Permanent resident aliens since they are allowed to stay here indefinitely?

There is an underderstanding within Social Security Admin, CIS and other agencies that asylees could be treated as "Resident Aliens". But, the above definition states "Resident Alien Permit Holder". Asylees do not have such a permit. What we have is I-94 which in my understanding is not Resident Alien Permit.
 
Right

I agree but I was referring to the text in blue and not the one that says the "resident alien permit holder" because you are right we don't have such permit.
Thanks

PERMANENT RESIDENCE: Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."
 
Punjabi_Munda said:
I agree but I was referring to the text in blue and not the one that says the "resident alien permit holder" because you are right we don't have such permit.
Thanks

PERMANENT RESIDENCE: Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."

Below is CIS' definition for PERMANENT RESIDENT ALIEN. I don't believe that asylees fall into this category.

Permanent Resident Alien - an alien admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants; however, the Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States, except one legally admitted under specific nonimmigrant categories (INA section 101(a)(15)). An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of residing permanently in the United States. They may be issued immigrant visas by the Department of State overseas or adjusted to permanent resident status by U.S. Citizenship and Immigration Services in the United States.
 
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.

We all remember in the Neguwanya v. Ashcroft class actions suit that the plaintiffs demanded that the years asylees wasted while waiting for their GC must be accounted towards their citizenship five years waiting time. This argument would imply that the time we spend waiting for GC (except one year period ) won't be counted towards our citizeship.
 
Good point

Yes, that's another good point. I wish negotiators who represented us would've had some balls and stood firm on their ground on this issue. Counting that wasted time wouldn't have cost anything to USCIS except more N-400 applications to approve which they plan to be processing in 6 months by the end of 2006 anyway. The other thing I would have liked to see was validity period on RTD 5 years instead of one. :mad:
 
Intresting

Hi guys, such a long conversation. No points have been resolved because we are in the same step.
Since I am a refugee, and minority in this section, I have to make a part clear,
For Refugees, the eligibilty for naturlization for Citizenship start from the date
the Refugee gets to the United States " Date of Arrival" the reason from my assumtion is because we have to stay in the second country for interview for a long time, starting from 1 year to 3 years + 5 years in US = 6 to 8 years which is very close to asylees.
Secondly, If you open the for N-400 in the instruction all the stuff has been completly explained, not specificly for asylees or refugee, but the way you receive your GC and then what step you have to follow.
And it also says you can expedite ( get it earlier) under the extreme humaneterian reason which It wouldn't be easy.
I hope everything will be stright-up for all you guys including myself,

Regards,

Nas
 
My two cents..

In perfect world we should have got our GC once we apply ( with in months). I STRONGLY BELEIVE that only reason they backdate our green cards for one year is that since we were under probation for one year. That was the one year we can not apply for green card. They count that one year towards citizenship time. If they can count that one year probation time they should count the all other years too.They just don't want us to know as they will get flooded with citizenship applications.

Even if they object to it, we can fight for it. I think we have a VERY strong case if we want to fight for it
 
yes,you can apply for citizenship

yes ,you can apply for citizenship 5 years from the date you were granted asylum,your green card issuing date will be the day you were granted asylum
 
yes,you can apply for citizenship

you can apply for citizenship 5 years from the date you were granted asylum,your green card issuing date will be the date of your asylum approval date
 
John Smith 1 said:
you can apply for citizenship 5 years from the date you were granted asylum,your green card issuing date will be the date of your asylum approval date


Didi u get such a Green Card??? :confused:
 
Although I would like to believe this, I did call USCIS multiple times, talked to multiple people over there just to see if they would be consistent in their answer. I played stupid and ask how I can apply for NC after I get my GC through asylum, and every one of them said 4 years. I twisted the question in different way, but always the same answer. Try it out …

Another point, if somebody applies and gets approved, he is just lucky. But until you have a concrete example (except friend of the friend), be patient. OR just apply and let us know what happened and which processing center approved you so I can move to your city. My 2 cents ….
 
here is my 2nd 2 cents

here is my 2nd 2 cents :rolleyes:

just like some said and I said also, the credit for the 1 year is for that year that we waited to be allowed to file for GC then at that time when they put the law of 4 years, they thought we will get our GC within months then we can wait 4 years then apply for the citizenship, but I have been waiting on mine for 6 years now and don't have it yet :mad:

If you ask those guys in the 1-800 # they don't know what the hell they are talking about just like they don't know about the removal of the cap or our frustration, they have the OLD papers and they just read from it, they could care less to think and link things together because it won't effect them. My lawer and he is one of the top ones in the country and he worked in the immigration office and United Nations before and all his staff of about 15 people didn't know there was a case filed against the immigration office because of mishandling our GC and we got a victory and the judge granted us the case (I had to explain that to my lawer when he called and was wondering about the letter from the immigration office requiring a second medical exam).

My idea, it never hurts to ask and try and speak loud about it, you have to be optemestic about what you do and have faith if you have a case and believe in it.

I am a real example here, when I was trying to file for Asylum, I was turned down by 7 attornies, they wouldn't take my case, one of them told me "your case will be refused not 100%, but 1000%" one said " he wouldn't risk his reputation because he only takes wining cases or even potential success and my case is a loosing case" one told me "I better save my money and go back home and invest it to make business instead of wasting it on a loosing battle" until i got my lawer who told me "your case is a mess and I doubt we will win it, if we do then we made a break through, but he said THERE IS A FIRST TIME FOR EVERYTHING"....I was sticking to my case if it went to the supreme court, but knock on wood, I was granted asylum from my immigration officer who even refused to see the rest of the evidence and didn't even have to go to court or anything. Thank God.

My point is don't you guys be downers and just sit and wait and say it wouldn't work without giving any ideas or solutions about it. Just saying it wouldn't work is not a solution, if i listned to those 7 first attorines who told me they won't take my case because it is failure and a loosing case , God only knows what could have happened to me if I went back home, I wouldn't make it out of the airport.

WE live in America, most of you came from third world countries and oppressive governments that don't allow you to think or express your mind. you have to realize that there is a hole in every law specially here in A merica. This the country where a killer like O.J. simpson got a way with a murder infront of everyone in the world. This is the country where a woman got $1000,000, yes 1 million dollar for spilling HER OWN COFFE on herself from Mc donolds because she was stupid and retard and was drinking while driving, etc, etc. etc.. If these people can get away with things like these, we have a much better apportunity, because we deserve those years to be counted toward our citizenships, we have a legitimate case, we need solutions, ideas what we have to do next, a PLAN to get what we want, put your brains together, we all have the same suffering and we should act soon.

Immigration law changes rapidly, who knows, maybe before we know it, they will come up with a new law to say that asylees and refugeees can't file anymore to be American citizens and enough for them to live here until their governments improve, which is what they are discussing now in Europe and they want to change the amnisty laws in the United Nations which allowed us to get our asylum status.
 
Ohio Asylee said:
here is my 2nd 2 cents :rolleyes:

just like some said and I said also, the credit for the 1 year is for that year that we waited to be allowed to file for GC then at that time when they put the law of 4 years, they thought we will get our GC within months then we can wait 4 years then apply for the citizenship, but I have been waiting on mine for 6 years now and don't have it yet :mad:

If you ask those guys in the 1-800 # they don't know what the hell they are talking about just like they don't know about the removal of the cap or our frustration, they have the OLD papers and they just read from it, they could care less to think and link things together because it won't effect them. My lawer and he is one of the top ones in the country and he worked in the immigration office and United Nations before and all his staff of about 15 people didn't know there was a case filed against the immigration office because of mishandling our GC and we got a victory and the judge granted us the case (I had to explain that to my lawer when he called and was wondering about the letter from the immigration office requiring a second medical exam).

My idea, it never hurts to ask and try and speak loud about it, you have to be optemestic about what you do and have faith if you have a case and believe in it.

I am a real example here, when I was trying to file for Asylum, I was turned down by 7 attornies, they wouldn't take my case, one of them told me "your case will be refused not 100%, but 1000%" one said " he wouldn't risk his reputation because he only takes wining cases or even potential success and my case is a loosing case" one told me "I better save my money and go back home and invest it to make business instead of wasting it on a loosing battle" until i got my lawer who told me "your case is a mess and I doubt we will win it, if we do then we made a break through, but he said THERE IS A FIRST TIME FOR EVERYTHING"....I was sticking to my case if it went to the supreme court, but knock on wood, I was granted asylum from my immigration officer who even refused to see the rest of the evidence and didn't even have to go to court or anything. Thank God.

My point is don't you guys be downers and just sit and wait and say it wouldn't work without giving any ideas or solutions about it. Just saying it wouldn't work is not a solution, if i listned to those 7 first attorines who told me they won't take my case because it is failure and a loosing case , God only knows what could have happened to me if I went back home, I wouldn't make it out of the airport.

WE live in America, most of you came from third world countries and oppressive governments that don't allow you to think or express your mind. you have to realize that there is a hole in every law specially here in A merica. This the country where a killer like O.J. simpson got a way with a murder infront of everyone in the world. This is the country where a woman got $1000,000, yes 1 million dollar for spilling HER OWN COFFE on herself from Mc donolds because she was stupid and retard and was drinking while driving, etc, etc. etc.. If these people can get away with things like these, we have a much better apportunity, because we deserve those years to be counted toward our citizenships, we have a legitimate case, we need solutions, ideas what we have to do next, a PLAN to get what we want, put your brains together, we all have the same suffering and we should act soon.

Immigration law changes rapidly, who knows, maybe before we know it, they will come up with a new law to say that asylees and refugeees can't file anymore to be American citizens and enough for them to live here until their governments improve, which is what they are discussing now in Europe and they want to change the amnisty laws in the United Nations which allowed us to get our asylum status.

Thanks for that post,, Is your lawyer in Ohio? i am lokking for a good one in Southern California
 
Ohio Asylee said:
here is my 2nd 2 cents :rolleyes:

just like some said and I said also, the credit for the 1 year is for that year that we waited to be allowed to file for GC then at that time when they put the law of 4 years, they thought we will get our GC within months then we can wait 4 years then apply for the citizenship, but I have been waiting on mine for 6 years now and don't have it yet :mad:

If you ask those guys in the 1-800 # they don't know what the hell they are talking about just like they don't know about the removal of the cap or our frustration, they have the OLD papers and they just read from it, they could care less to think and link things together because it won't effect them. My lawer and he is one of the top ones in the country and he worked in the immigration office and United Nations before and all his staff of about 15 people didn't know there was a case filed against the immigration office because of mishandling our GC and we got a victory and the judge granted us the case (I had to explain that to my lawer when he called and was wondering about the letter from the immigration office requiring a second medical exam).

My idea, it never hurts to ask and try and speak loud about it, you have to be optemestic about what you do and have faith if you have a case and believe in it.

I am a real example here, when I was trying to file for Asylum, I was turned down by 7 attornies, they wouldn't take my case, one of them told me "your case will be refused not 100%, but 1000%" one said " he wouldn't risk his reputation because he only takes wining cases or even potential success and my case is a loosing case" one told me "I better save my money and go back home and invest it to make business instead of wasting it on a loosing battle" until i got my lawer who told me "your case is a mess and I doubt we will win it, if we do then we made a break through, but he said THERE IS A FIRST TIME FOR EVERYTHING"....I was sticking to my case if it went to the supreme court, but knock on wood, I was granted asylum from my immigration officer who even refused to see the rest of the evidence and didn't even have to go to court or anything. Thank God.

My point is don't you guys be downers and just sit and wait and say it wouldn't work without giving any ideas or solutions about it. Just saying it wouldn't work is not a solution, if i listned to those 7 first attorines who told me they won't take my case because it is failure and a loosing case , God only knows what could have happened to me if I went back home, I wouldn't make it out of the airport.

WE live in America, most of you came from third world countries and oppressive governments that don't allow you to think or express your mind. you have to realize that there is a hole in every law specially here in A merica. This the country where a killer like O.J. simpson got a way with a murder infront of everyone in the world. This is the country where a woman got $1000,000, yes 1 million dollar for spilling HER OWN COFFE on herself from Mc donolds because she was stupid and retard and was drinking while driving, etc, etc. etc.. If these people can get away with things like these, we have a much better apportunity, because we deserve those years to be counted toward our citizenships, we have a legitimate case, we need solutions, ideas what we have to do next, a PLAN to get what we want, put your brains together, we all have the same suffering and we should act soon.

Immigration law changes rapidly, who knows, maybe before we know it, they will come up with a new law to say that asylees and refugeees can't file anymore to be American citizens and enough for them to live here until their governments improve, which is what they are discussing now in Europe and they want to change the amnisty laws in the United Nations which allowed us to get our asylum status.


When someone asks me what is the chance to win the case I answer that almost everything depends on which officer u will get. U can meet with a sweet-heart granny who will grant your asylum just like that or you can meet with an asshole like I did.And judges are also different. I've got very kind lady and had no problems with approval. It's pretty subjective thing. At least it was. BTW does someone know how the new law effected the recent applicants for asylum? Has anyone had a bad experience and can share with us?
 
so what do you suggest Ohio Asylee? What can we do? We already sent millions of emails or correspondence to our representatives, UCSIS certainly does not care, we are not that rich to push this through lawyers and AILA got satisfied with a small win. The only thing we can do is waste our money and try it. Maybe somebody will get lucky …

Anyway, what did your lawyer said regarding this?? You mentioned him but you didn’t elaborate …
 
I Didn't mean to create such a snow ball effect!!
Let's keep in mind that there are laws out there many of us aren't aware of. Most immigration officials themselves aren't aware of these laws, as they change rapidly. I wouldn't make an *$$ of myself by posting such a thread.
What I know is what I know...
You can either choose to do something about it, or play the experts on this forum debating rather than acting on it.
There...I GAVE YOU SOME INFO...ACT ON IT!!
Don't kill the messenger!!
I wish I could say that I could be wrong, but I'm not and that's that :cool:
 
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