Processing time for green card based on asylum

[Antoxin]

Dear all, I think you heard that democrats have finally revealed their new immigration bill (The full bill is here: https://assets.documentcloud.org/documents/20488022/uscitizenshipact2021billtext.pdf ). One section of the bill caught my attention, and it sounded too good to b true! Here it is below, please give me your opinion, and if you have heard lawyers' opinion on it please share it with us:
" ‘(f) Notwithstanding section 316(a)(1), any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter.’’.

I don't think asylum applicant with 3 years of employment based on his asylum case pending is gonna fit under this category as lawfully present in the United States. Usually lawfully present refers to any kind of status and asylum applicant doesn't have any.

This is gonna work for people with work visas like H-1B / O-1 / L-1 etc. So you worked 3 years on visa then became LPR and can naturalize immediately if you have your 3 years of lawful presence with employment authorization before becoming a LPR.

 

[oliver_68]

I don't think asylum applicant with 3 years of employment based on his asylum case pending is gonna fit under this category as lawfully present in the United States. Usually lawfully present refers to any kind of status and asylum applicant doesn't have any.

This is gonna work for people with work visas like H-1B / O-1 / L-1 etc. So you worked 3 years on visa then became LPR and can naturalize immediately if you have your 3 years of lawful presence with employment authorization before becoming a LPR.

You are mistaken, any one with pending asylum is definitely a "lawful present" but not necessary "in status". You are confused between these two terms: "lawfully present" and "in status". This is what the law says: "The time period that the applicant’s bona fide asylum application was pending should not be included in any unlawful presence calculation" https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-3

 

[Antoxin]

You are mistaken, any one with pending asylum is definitely a "lawful present" but not necessary "in status". You are confused between these two terms: "lawfully present" and "in status". This is what the law says: "The time period that the applicant’s bona fide asylum application was pending should not be included in any unlawful presence calculation" https://www.uscis.gov/policy-manual/volume-7-part-m-chapter-3

I wish I'm wrong on that one.

 

[Wlswls]

Anyone here same with me? I filed I-485 in March of 2020. On 07/17/2020 it updated to show fingerprints were taken( which means I did not need to show up to take biometrics), until today 02/13/2021, there is no update anymore, kind of like stoped there forever....

same here. No update until now after 07/17/20.

 

[oliver_68]

I wish I'm wrong on that one.

Me too bro! Here is the law they want to change: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430&num=0&edition=prelim
Now read page 84 of the new suggested bill and relate it to the link above, what do you understand? I really hope it really IS what it sounds!! And I hope the congress will pass it and Biden will sign into a law.

 

[oliver_68]

Anyone here same with me? I filed I-485 in March of 2020. On 07/17/2020 it updated to show fingerprints were taken( which means I did not need to show up to take biometrics), until today 02/13/2021, there is no update anymore, kind of like stoped there forever....

Yes, I am the same, I applied in February 2020 and got the fingerprint update in July 2020, and I am still waiting. Is your case at Texas Service Center like mine?

 

[Antoxin]

Me too bro! Here is the law they want to change: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1430&num=0&edition=prelim
Now read page 84 of the new suggested bill and relate it to the link above, what do you understand? I really hope it really IS what it sounds!! And I hope the congress will pass it and Biden will sign into a law.

this was exactly what I was doing last 15 minutes

 

[Antoxin]

my only concern is this:

and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident

what if you became an LPR with less than 3 years of employment authorization eligibility (2 years and 364 days, for example)? Does it mean that you can't have an expedited naturalization in 3 years and have to wait 5 years?

If so it will create the case when it's better to wait in asylee status to make sure you will accrue 3 years by the time your green card is approved.

Because if that's the case you can apply for citizenship inn just 2 years after getting a green card (because the green card will be back dated 1 year).

 

[oliver_68]

my only concern is this:

and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident

what if you became an LPR with less than 3 years of employment authorization eligibility (2 years and 364 days, for example)? Does it mean that you can't have an expedited naturalization in 3 years and have to wait 5 years?

If so it will create the case when it's better to wait in asylee status to make sure you will accrue 3 years by the time your green card is approved.

Because if that's the case you can apply for citizenship inn just 2 years after getting a green card (because the green card will be back dated 1 year).

I think you need to have at least 3 full years of employment authorization prior to he date of your green card (or the actual date of issuing the GC), so 2 years and 364 will not qualify you. Now if you have three years of work authorization prior to the date of the green card, I think you can apply immediately to naturalization, upon receiving your GC, and you don't have to wait two years.

 

[Antoxin]

I think you need to have at least 3 full years of employment authorization prior to he date of your green card (or the actual date of issuing the GC), so 2 years and 364 will not qualify you. Now if you have three years of work authorization prior to the date of the green card, I think you can apply immediately to naturalization, upon receiving your GC, and you don't have to wait two years.

I don't think you are correct on this one. It says that this provision applies for section 319(B) (expedited naturalization with 3 years of residence). So this change is simply adding a new category of people: any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident.

Meaning that if you are one of those then you can be naturalized under this chapter.





and this chapter only provides 3 year path to naturalization.

And if that's the case it seems that it's better to get a GC with 3 years of employment eligibility as it leads to faster citizenship.

 

[oliver_68]

I don't think you are correct on this one. It says that this provision applies for section 319(B) (expedited naturalization with 3 years of residence). So this change is simply adding a new category of people: any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident.

Meaning that if you are one of those then you can be naturalized under this chapter.



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and this chapter only provides 3 year path to naturalization.

And if that's the case it seems that it's better to get a GC with 3 years of employment eligibility as it leads to faster citizenship.

I didn't understand your point. Would you please explain more?
The way I understood the new bill is the following:
- The general law requires 5 years of GC to get citizenship AND must be physically present in the US.
- Notwithstanding (in spit of) the rule above, there are 3 categories of immigrants who have different residency time rule and they are:
1. Spouse of US citizen can apply 3 years after GC, BUT needs to be physically present before applying for naturalization.
2. employee of certain nonprofit organizations can apply after 5 years of GC, BUT doesn't need to be physically present in the US before applying for naturalization.
3. The new category is any person with GC AND was able to obtain work authorization for at least 3 years before obtaining their GC can apply immediately for citizenship and doesn't need to wait.

I think they added the last category to compensate certain people (like asylees) for the huge asylum cases backlog caused by Obama's administration and the intentional delay of processing all applications imposed by Trump's administration. I mean the vast majority (maybe 95%) of people applied for Asylum since 2014 DID NOT get their GC yet, they are either stuck in the pre-interview step, decision making step, or GC processing. It is very fare to compensate them for that wasted time.

 

[Antoxin]

I didn't understand your point. Would you please explain more?
The way I understood the new bill is the following:
- The general law requires 5 years of GC to get citizenship AND must be physically present in the US.
- Notwithstanding (in spit of) the rule above, there are 3 categories of immigrants who have different residency time rule and they are:
1. Spouse of US citizen can apply 3 years after GC, BUT needs to be physically present before applying for naturalization.
2. employee of certain nonprofit organizations can apply after 5 years of GC, BUT doesn't need to be physically present in the US before applying for naturalization.
3. The new category is any person with GC AND was able to obtain work authorization for at least 3 years before obtaining their GC can apply immediately for citizenship and doesn't need to wait.

I think they added the last category to compensate certain people (like asylees) for the huge asylum cases backlog caused by Obama's administration and the intentional delay of processing all applications imposed by Trump's administration. I mean the vast majority (maybe 95%) of people applied for Asylum since 2014 DID NOT get their GC yet, they are either stuck in the pre-interview step, decision making step, or GC processing. It is very fare to compensate them for that wasted time.

You are right they proposed to add new paragraph (f) without any extra requirements other than 3 years of employment eligibility for 3 years prior to getting a GC. It is great for a lot of people!

The problem is if you get you GC prior to 3 years employment eligibility you will have to wait 4 more years. 1 day difference can create a 4+ years delay for naturalization. That is not very cool.

 

[oliver_68]

You are right they proposed to add new paragraph (f) without any extra requirements other than 3 years of employment eligibility for 3 years prior to getting a GC. It is great for a lot of people!

The problem is if you get you GC prior to 3 years employment eligibility you will have to wait 4 more years. 1 day difference can create a 4+ years delay for naturalization. That is not very cool.

I really hope that this is what it really means, and I will not be surprised if you indeed need to wait three years after GC.

Now if you have work permit less than 3 years before GC that means your asylum application and processing your asylee GC took less than 3 years, and it is fair to wait 4 more years to get citizenship, thats how it was before the backlog and the delay, the fastest asylum application I've ever seen is for an applicant applied for asylum in 2013 and applied for citizenship in 2018, thats 5 years, his asylum interview and approval took only 45 days, and his asylum GC processing took little bit less than 3 months. If you were eligible to work permit 3 years before GC that means your asylum application was pending for at least 2.5 years (since you can't apply for EAD unless your application is pending for more than 150 days, and I don't think more than 5% of the asylum applicants waited 2.5 or less years, most people are waiting at least 4-6 years) and your GC processing took less than 1 year, which make your total time wait to apply for naturalization less than 7.5 years, which is reasonable timeframe. Does that make sense?

 

[Antoxin]

I really hope that this is what it really means, and I will not be surprised if you indeed need to wait three years after GC.

Now if you have work permit less than 3 years before GC that means your asylum application and processing your asylee GC took less than 3 years, and it is fair to wait 4 more years to get citizenship, thats how it was before the backlog and the delay, the fastest asylum application I've ever seen is for an applicant applied for asylum in 2013 and applied for citizenship in 2018, thats 5 years, his asylum interview and approval took only 45 days, and his asylum GC processing took little bit less than 3 months. If you were eligible to work permit 3 years before GC that means your asylum application was pending for at least 2.5 years (since you can't apply for EAD unless your application is pending for more than 150 days, and I don't think more than 5% of the asylum applicants waited 2.5 or less years, most people are waiting at least 4-6 years) and your GC processing took less than 1 year, which make your total time wait to apply for naturalization less than 7.5 years, which is reasonable timeframe. Does that make sense?

I hear what you're saying but I think the system could be more fair on ongoing basis. For example they could've just say "...any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years can be naturalized..."

Meaning that once you hit your 3 year employment eligibility mark you can apply for naturalization. So let's say you got your GC when your eligibility was at 2.8 years then you wait until it crosses 3 years and then apply. If you get your GC and you're over 3 years you can apply right away.

 

[Bella Luna]

Finally, a bill to actually help people!
I have been in the US for 8 year LAWFULLY through student and work visa, 6 of which I was authorized to work.
I applied for adjustment of status in Nov 2020.
If this new bill becomes a law, it means that I can be naturalized as soon as I receive my green card!!!!

 

[oliver_68]

I hear what you're saying but I think the system could be more fair on ongoing basis. For example they could've just say "...any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years can be naturalized..."

Meaning that once you hit your 3 year employment eligibility mark you can apply for naturalization. So let's say you got your GC when your eligibility was at 2.8 years then you wait until it crosses 3 years and then apply. If you get your GC and you're over 3 years you can apply right away.

I wish if the law is written that way! However, the eligibility of ead for at least 3 years before gc implies that there was unnecessary delay in the affirmative asylum process and/or gc processing. Normally, the asylum applicant should not wait more than 21-150 days before the interview, and the decision should not take more than two weeks after the interview, and after a year of granting asylum the gc process should not take more than 6 months, and that was the case before 2014. So, in my opinion, the 3 years condition of having ead before gc is reasonable, otherwise people can apply for GC much quicker than the normal process in the past.

 

[oliver_68]

Finally, a bill to actually help people!
I have been in the US for 8 year LAWFULLY through student and work visa, 6 of which I was authorized to work.
I applied for adjustment of status in Nov 2020.
If this new bill becomes a law, it means that I can be naturalized as soon as I receive my green card!!!!

Thats the point of this section... why waiting 8 years to apply for gc then 5 years to apply for citizenship if you are a law abiding immigrant and pays taxes and contribute to the economy???!! Especially knowing that delay in processing is intentional and discriminatory by Trump’s administration.

 

[Jimmyin]

If the legislation goes this way, may approved asylee choose to postpone their green card applications to meet the three year requirement?

 

[oliver_68]

If the legislation goes this way, may approved asylee choose to postpone their green card applications to meet the three year requirement?

Good point! I think they could, unless uscis wanted the applicant to provide a good reason why they delayed gc application, and dont forget that asylum might be revoked if the status of the country changed and the asylee is no longer in danger, so it is risky to delay adjustment of status as an asylee beyond one year.

 

[Ramezq1992]

Hey guys,
My EAD expires in June, and I’m waiting for the green card, should I renew it? I’ve been waiting for 8 months how long would it normally take? I’m waiting to get letter to do the medical report first !!