Confused about N-400, Information about Eligibility, Asylum and Permanent Resident

[CGIACOMO1012]

I've been following this forum for many years. This time, I really need to ask a couple of questions. 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. 2009.2 (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 2009.2 (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.2009.2 the ride law information I need to put in the line provided to explain? Could anyone please provide the sections of the law that states this?

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, 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". I think I asked her back then if I had to legally request to change may name in court and she said it was up to me. Now that I'm in this process, in my N400 I requested a 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 my last name as "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!

 

[Bobsmyth]

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. 2009.2 (f) one needs to use the granted date in the Green Card as the baseline.



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 2009.2 (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.2009.2 the ride law information I need to put in the line provided to explain? Could anyone please provide the sections of the law that states this?

The law you are referring to is 8 CFR 209.2 (f) (not 2009.2) which states:

If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section.


So if your AOS application was approved in 2004, your LPR status became effective 2003 which should be the date on your GC (check your GC to see what the "residence since" date says). You are still applying under the 5 year rule. On the application you would still choose "A" and provide the "residence since" date on your GC. You can also include a cover letter explaining that you are applying using as an asylee under the rule.

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, 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". I think I asked her back then if I had to legally request to change may name in court and she said it was up to me. Now that I'm in this process, in my N400 I requested a 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 my last name as "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!

On the application, you would put your name as it appears on your GC as well as any other names you have used. There's no issue for requesting a name change on the application although in some jurisdictions it may delay processing where federal oaths are required for name changes. Currently the entire process is taking anywhere between 4-8 months. Good luck!

 

[CGIACOMO1012]

Thank you for taking the time to respond to my concern!!! I actually have additional comments. See text in red below. Thanks!

The law you are referring to is 8 CFR 209.2 (f) (not 2009.2) which states:

If the application is approved, the director shall record the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section.


So if your AOS application was approved in 2004, your LPR status became effective 2003 which should be the date on your GC (check your GC to see what the "residence since" date says). You are still applying under the 5 year rule. On the application you would still choose "A" and provide the "residence since" date on your GC. You can also include a cover letter explaining that you are applying using as an asylee under the rule.


Actually the date that my Green Card has is August 31 2004, so I believe this is the baseline date, right? From August 31 2004 to August August 31 2008 would be 4 years. I didn't realize about this one year deduction until recently. Even if it's not time for the 5 years, do I need to chose "A" and explain the reason why I'm submitting my documents is based on 8 CFR 209.2 (f), or not explain anything? Or choose "D" and explain? That's exactly my confusion since I don't want to wait until 90 days before August 31 (June 2) to send my N400; I'm aware this process is very tedious and can get delayed for numerous reasons so I want to take advantage of these 2 months. I would love if I could start with this process right away!

Also, all the documents that were returned, including the check has a control stamp on the right. The first page has that stamp crossed out but none of the others do. Do I need to replace just that first page (which is where I need to chose if "A" or "D", and resubmit the rest of the documents, including the stamped check? I sent originals of my marriage certificate and I don't have another one handy. What would be the right procedure?[/COLOR]


On the application, you would put your name as it appears on your GC as well as any other names you have used. There's no issue for requesting a name change on the application although in some jurisdictions it may delay processing where federal oaths are required for name changes. Currently the entire process is taking anywhere between 4-8 months. Good luck!

 

[Bobsmyth]

Actually the date that my Green Card has is August 31 2004, so I believe this is the baseline date, right? From August 31 2004 to August August 31 2008 would be 4 years. I didn't realize about this one year deduction until recently. Even if it's not time for the 5 years, do I need to chose "A" or "D" and explain the reason why I'm submitting my documents is based on 8 CFR 209.2 (f)? That's exactly my confusion since I don't want to wait until 90 days before August 31 to send my N400; I'm aware this process is very tedious and can get delayed for numerous reasons. I would love if I could start with this process right away!

If "resident since" date on your GC says August 2004, then your AOS application must have only been approved in August 2005 since they take off 1 year from the time your AOS application was approved to calculate how long you have been a PR. If that is the case, you have no choice but to wait until May 2009 to apply, unless of course your GC has the wrong "resident since" date on it.

Also, all the documents that were returned, including the check has a control stamp on the right. The first page has that stamp crossed out but none of the others do. Do I need to replace just that first page (which is where I need to chose if "A" or "D", and resubmit the rest of the documents, including the stamped check? I sent originals of my marriage certificate and I don't have another one handy. What would be the right procedure?

Start with a fresh application and fresh check. The stamp only serves has an initial processing reference. No need to send it your marriage certificate as you can bring that to interview instead.

 

[CGIACOMO1012]

OK, I get it. Yes, August 31 is my "Resident since" date, and the date is correct. In August 2009 it would have been in reality 4 years but because of the year deduction it will count for immigration purposes as the time frame for 5 years. Then I understand I need to choose option A and not explain anything. In essence, I must wait for a couple of months until June 2 to start this whole process again. Thank you very much!!! This forum and you saved me...

 

[vdostoi1]

OK, I get it. Yes, August 31 is my "Resident since" date, and the date is correct. In August 2009 it would have been in reality 4 years but because of the year deduction it will count for immigration purposes as the time frame for 5 years. Then I understand I need to choose option A and not explain anything. In essence, I must wait for a couple of months until June 2 to start this whole process again. Thank you very much!!! This forum and you saved me...

I am in the same situation as you. I received my GC through asylum as well. Physically, I received my GC in August of 2005 but since USCIS backdates it one year for asylees, my resident since date is August of 2004. Like you, I will be filing for naturalization in May/June.

 

[Josh777]

Hi! I really need advice. I am a permanent resident granted green card in June, 2006 on a basis of my asylum status. The problem is that my green card was not been backdated for 1 year and indicates the actual date of receiving GC. However, I'd like to apply for naturalization and trying to fill out form N 400 now as in fact i am eligible. Would you please advise me what should I do? - 1. check box D "other" in part 2 and indicate that i am applying on basis of my asylum status indicating article 8 C.F.R. § 209.2(f) and stating that my GC was not backdated. I can also attach some statement and documents proving that i got asylum status 1.5 years before receiving GC. 2. check box A (permanent resident for 5 years or more) and attach explanation letter?
If not one of the above options when what should I do not to wait until the next year?
I will really appreciate any help especially if it comes from the person who had the same situation!

 

[Jackolantern]

Ideally you should have filed I-90 to correct the green card soon after you got it. But that isn't practical at this stage.

I don't know anybody else with a similar situation, but I would pick "other" with the explanation and attaching the proof of asylum. That is because the initial data entry clerks will probably reject it without an interview if you pick (a) and it appears that you haven't met the 5 year minus 90 days requirement. But when you choose "other" they'll usually let it go through to the interview and leave it to the interviewer to evaluate the "other". Then in the interview you can explain your case and perhaps get the "other" changed to (a).

 

[thankful]

Is your green card coded AS6, AS7 or AS8? If not then you do not have an asylum green card. If you have one of those codes, you could include with your N-400 application a copy of the green card approval notice from 2006 and the provisions of the INA and CFR requiring the one-year roll back.

On both the envelope and the application itself mark in bold capital letter "ATTENTION SUPERVISOR." Include a note explaining your situation. There is no guarantee that this will work but it is worth a shot.

The moral of the story is to fix problems with your GC as soon as possible. You have had four years to deal with this.