Legal Question in Immigration Law in California

I want to apply for my citizenship but I need to wait 5 years but from what date? from the date my assylun was approved 2002 or from the date my green card was issued to me 2005?


Asked on 11/18/09, 3:18 pm

4 Answers from Attorneys

Luba Smal Smal Immigration Law Office

From the date when you became a lawful permanent resident (as noted on your green card).

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 11/23/09, 3:27 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

The requirement is 5 years of residence. However, Asylees are deemed to be lawful permanent residents as of one year before the date of approval of their application for adjustment to lawful permanent residents, provided asylum was granted more than one year before the approval of their adjustment to permanent residence. So, more information about your case will be needed to further advise how early you can apply.

Applicants may file up to ninety days prior to the completion of the required period of continuous residence. But, applying for citizenship must be carefully planned, as it can bring up other problems related to immigration, if any. I would recommend hiring a qualified immigration attorney.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

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Answered on 11/23/09, 3:35 pm
Michael Harris Law Offices of Kravitz and Guerra, P.A.

Just to note, since my post came after the first attorney's: the date you may be able to start counting may be 2004. This is provided in Immigration law. But, to better advise you I will need to see if the date on your green card is the same as in the approval date.

Note, most out-of-state attorneys can legally help you because we are permitted to practice federal immigration law outside of our state of jurisdiction. Please feel free to contact me for a free initial consultation.

Sincerely,

Michael A. Harris, Esq.

Associate Attorney

LAW OFFICES OF

KRAVITZ & GUERRA, P.A.

800 Brickell Avenue, Suite 701, Miami, Florida 33131

Please view my contact information for more information about my professional background.

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Answered on 11/23/09, 4:03 pm

When your application for adjustment of status was approved, the USCIS typically records an asylee's admission for lawful permanent residence as of one year before the date of approval of the application, but not earlier than the date of the approval for asylum. If this was your situation, then we would need to see that the date approved on your green card to confirm that it was 1 year prior to the legal permanent resident status being approved. If so, then you could apply for naturalization four (4) years after being granted status as a lawful permanent resident (e.g., if your resident status was granted in 2005, then you could apply in 2009 for naturalization). I would be happy to assist you in the application for naturalization process, and can call our office to set up an appointment at: 415-387-1364 or email: [email protected].

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Answered on 11/23/09, 7:11 pm


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