Eligibility to apply for Naturalization

[indus_dude]

Hi all,

I wanted to find out if I'm eligible to apply for citizenship this year. On my permanent resident card it says "Resident since 06/16/1999". That was the day I had first applied for my Labor certification (RIR). However, my I-485 application was approved on 07/11/2001 and I had my passport stamped shortly after. I have been continuously residing in the US since 1999.

My question is: Can I go ahead and apply for citizenship (N-400) based on the guideline published at the USCIS web site (http://uscis.gov/graphics/services/natz/English.pdf) that mentions that my time as a permanent resident begins as per the date at the front of my permanent resident card. Or will my application be rejected when it is discovered that my residency was actually approved later than the date on my green card.

This is my first time on this forum and I greatly appreciate any response.

Thanks
Johann

 

[mgh2001]

Only eligible for 5years (- 90 days) after I-485 approval date. Appealing as it may seem, unfortunately one cant take advantage of BCIS's errors that work in your favor. The mistake will be caught at interview and you will have to re-do the entire process again - might as well save yourself the trouble.

 

[indus_dude]

Re:

Thanks for your replies.
However, nowhere does it mention on the BCIS guidelines that the residency date is from the I-485 approval date. It simply states the "date at the front of the green card".

I had read somewhere that residency is usually granted from the date of filing of labor (priority date). Similarly akin to someone within the US applying for a change of status. He/She is considered "in-status" even if the application is approved at a later date.

Thanks again!