This is what my attorney told me...

[curious_member]

Guys,

I talked to my attorney and he said that I would only be able to start adjusting my permanent residence status after I get my green card which I already knew.

But then he said that I can only apply for citizenship FIVE years after my green card approval and that the approval date DOES NOT get back-dated 1 year back.

I thought that asylees approval date does get back-dated for one year!!! Which one is it? Can I qualify for citizenship only in 4 years and 9 months?
Thanks

 

[jjusa]

Guys,

I talked to my attorney and he said that I would only be able to start adjusting my permanent residence status after I get my green card which I already knew.

But then he said that I can only apply for citizenship FIVE years after my green card approval and that the approval date DOES NOT get back-dated 1 year back.

I thought that asylees approval date does get back-dated for one year!!! Which one is it? Can I qualify for citizenship only in 4 years and 9 months?
Thanks

Your lawyer is wrong.

 

[Noman74]

huh?

Make sure he IS a lawyer!!!

 

[jackdanie7]

Guys,

I talked to my attorney and he said that I would only be able to start adjusting my permanent residence status after I get my green card which I already knew.

But then he said that I can only apply for citizenship FIVE years after my green card approval and that the approval date DOES NOT get back-dated 1 year back.

I thought that asylees approval date does get back-dated for one year!!! Which one is it? Can I qualify for citizenship only in 4 years and 9 months?
Thanks

You should seriously consider changing your attorney. Do not spend any more money on this one.. Here's a copy of the Immigration and Nationality Act. The 10,000 is out of date obviously because of the real ID. Or maybe there's a change in law about backdating too that I'm not aware of?

INA: ACT 209 -ADJUSTMENT OF STATUS OF REFUGEES
Sec. 209. [8 U.S.C. 1159]

Not more than 10,0001/ of the refugee admissions authorized under section 207(a) in any fiscal year may be made available by the Attorney General, in the Attorney General's discretion and under such regulations as the Attorney General may prescribe, to adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who -


(1) applies for such adjustment,
(2) has been physically present in the United States for at least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided undersubsection (c)) as an immigrant under this Act at the time of examination for adjustment of such alien. Upon approval of an application under this subsection, the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application.