WRONG AGAIN??? Asylee with 2nd time rejected letter when applying for Naturalization! HELP!!!

CGIACOMO1012

Registered Users (C)
I'm very very confused. I'm an asylee applying for citizenship. My Permanent Resident says PR since August 31, 2004. I was told in this forum that based on the 5 years minus 90 days, I could be able to send my papers by June 2, 2009, which I did. Unfortunately I just received the papers back... for the second time!!! It says that if I'm seeking naturalization based on either: Been a lawful resident for (5) years, or a lawful permanent resident for at least 3 years, and have been married to a US Citizen, that my time is not up.

In the first application I sent in February, in Part 2 of the N-400 application, I selected "D" Other". I said that I was applying based on Asylum granted in August 2005. Apparently that was not an appropriate answer and my papers were returned because I was ahead of time. When I asked for help thru this forum, a few people clarified the process to me and I was told to select "A": I have been a lawful permanent resident of the United States for at least 5 years", and that I was not to give any additional information.

This is exactly what I followed the second time I submitted my papers. I chose "A", even though it is not 5 years ( in August 2009 it will 5 years) , supposedly it is understood that I can apply ahead of time because of applying thru Asylum. The papers were delivered in Texas on June 2, the right day for the assumed time of 5 years minus 90 days. A week later all my papers were returned.

This is what the attached letter with my returned documents says:
"In the case of an applicant subject to a requirement of continuous residence under section 316 (a) or 319(1), the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement. The information provided with your application indicates you have filed your application more than 3 months before meeting the residency requirement for the category selected. Therefore you are ineligible to file for naturalization at this time under the category selected. "[/I]

What is going on??? I taught that I was OK sending the papers now. My due date was June 2, 2009. What part is that I don't get? Could anyone please be so kind and confirm to me where the missing link may be?

Under what specific law and article and section is that an asylee could seek naturalization 5 years minus 90 days???? Is this a piece of information that I don't have right?

Would it be a bad idea if I resend my papers again with a clarificatory letter? If I'm not supposed to apply now, then when is it that I can apply ???

I just don't understand anymore. I'm honestly very stressed out and I just cannot get this thing straight. Please help!!!!

I'm so furious that I want to resend the papers tomorrow morning with the attached clarificatory letter or "Other" clarificatory information, but I want to know if this could be something which may delay my case....:mad::mad::mad:
 
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First of all, there is no category for applying for citizenshp based on asylum. So yah you made a mistake the first time.

I dont understand why they sent your application back. I would suggest you write a cover letter and state ONLY that you are PR since August 31, 2004 and your 5 years are up August 31, 2009..you are applying 90 days before, which is June 02, 2009. Do not mention GC backdated, asylum, etc etc etc.

N400 is based on your resident since date if you apply the normal way. There is no category for "asylum", there are categories for USC spouse or in the armed forces...

Try again and let us know what happens, but this time Do not mention about ASYLUM GC and anything about backdate...As long as your GC says, PR since August 31, 2004....you are good to go.
 
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you said they were delivered on June 2nd... meaning you signed the application and dated it before June 2nd like May 30? this might deny the application
beleive me they will return it for this 1 day !!


Do not mention about ASYLUM GC and anything about backdate...As long as your GC says, PR since August 31, 2004....you are good to go.

now... just to make sure... is your GC backdated CGIACOMO1012 does it read August 31, 2004 ?
 
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also, please check the first page of N-400 if they mark anything. if they did, please fill out a new N-400.
 
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