public interest parole and applying for citizenship (naturalization) mystery
it has been extremely frustrating trying to unravel this mystery (as
many others that have to do with INS), but here are the facts:
1. parents entered US as public interest (Lautenberg ammendment)
parolees.
2. their green cards have the date of green card issue, NOT their
entry into the US.
3. they have been in the US for five (5) years since their arrival.
4. the INS N-400 form
(
http://uscis.gov/graphics/formsfee/forms/n-400.htm), Application for
Naturalization, states that one can apply for
citizenship/naturalization within 90 days of reaching 5 years of
permanent residency. The Guide to Naturalization defines time as
permanent resident to begin on the date they were granted their
permanent resident status, which is reflected by the date on their
green card (which is not retroactive to their arrival date in this
case).
5. this news group post from 1998 -
http://groups.google.com/groups?selm=72qbar$bh1$1@nnrp1.dejanews.com
- although without hard proof - claims that parolees are considered
permanent residents as of their green card approval, not their entry
date, which also affects their naturalization eligibility.
6. HIAS claims, in their Parole Status brochure
(
http://www.hias.org/Immigration/Imm_Brochures/parole.pdf) that
"Parolees are eligible to apply for citizeship five years from the
date they entered the United States as parolees, provided they have
since adjusted status to a lawful permanent resident." Additionally,
during my phone conversation with the NY HIAS office, the HIAS worker
reiterated the above statement, and encouraged my parents to apply
now. She suggested to take their passports that bear entry stamp and
date, and use that as proof of residency instead of the green card
date.
7. HIAS 120 most commonly asked questions is a column that is
published in russian newspapers in the US. during my phone
conversation with the NY office, however, the office worker refused to
take any responsibility for these columns, so they may or may not be
authored by HIAS. in their august issue -
http://www.russianday.com/reference/showart.asp?idref=353
- in question #99 "when can parolees apply for citizenship", they
answer that parolees should be able to do that within five years of
arrival.
they insist that the green card must indicate their arrival date,
which is not the case with my parents. finally, as proof, they refer
to Title 8, Code of Federal Regulations, Section 245.7(e).
8. The code of federal regulations, available here -
http://www.access.gpo.gov/nara/cfr/waisidx_03/8cfr245_03.html (see
part
245.7) refers only to those who entered the country between 1988 and
1990! there is no indication anywhere that this provision covers
anyone else.
9. INS claims over the phone that they can only apply five years from
the date shown on their green card.
nobody appears to be able to provide any hard evidence, any
legislation or legal document that stipulates rules and regulations
applicable in this case. it doesn't surprise me, but i would like to
get to the bottom of this.
does anyone have any references, able to offer any pointers?
