Political Asylum & Citizenship

[Laura Pepper]

I have a friend who has been in the USA for 10 years under asylum. What process can he follow to ensure citizenship? Is there a time limit? A lawyer told him that, since there are so many cases, his chances do not look good. Is a second opinion recommended, or are there other possibilities?
Any help would be appreciated

[alanpero]

To get citizenship he first has to get his green card. He has to file a I-485 at NSC application to adjust to permanent resident status. An asylee can apply for resident status only a year after he was granted asylum. Once he gets the residency, he has to live five years in the US before applying for citizenship. He doesn\'t need a lawyer for this, and can do everything by himself. Just check www.ins.usdoj.com

[Laura Pepper]

Thanks for the info. However, he insists since there is an ongoing case involving his status, he can\'t readily start the process. Is it possible he will be blocked, or not allowed to file forms for any reason. If he submits the application, could he face a penalty for not following a certain protocol, or is he misinformed on how the process occurs? Would there be any legitimate reason or circumstance that would make it unwise for him to try this - such as the status of his "case"?
I\'m obviously still cloudy on this subject.
Any help, or clarification would be most appreciated.

Thanks,

Laura Pepper

[alanpero]

When you say he has been in the USA for ten years under asylum, I understand he was granted asylum ten years ago; consequently, after being interviewed by INS he must have received an approval letter from INS granting him asylum. This is the document he has to use to file a I-485 form to adjust to permanent resident status, which in turn is the first step in the long way to get citizenship. If this is the case (he got an asylum status granted)I do not understand what the lawyer is objecting, and I insist he doesn\'t need an attorney for this process. I did everything by myself and work just fine. Good luck

[Laura Pepper]

Thanks, but I misunderstood him. He has yet to see a judge, approving asylum. Instead, he\'s gotten a yearly work authorization card. Is this a normal waiting period for asylum? Is there anything he can do to facilitate this process? Is the fact he\'s had work authorization since about 1990 a means for him to try to begin the citizenship process before getting his asylum judgement?
Thanks,
Laura

[alanpero]

This is a completely different story then. If he has to see a judge, that means that he is in a kind of appealing process. There is no way he can go through the citizenship process because he has had work authorization before getting his asylum granted.
First of all he has to get his asylum approved. A year after he got it approved, he has to file I-485 to adjust to resident status (this process could take 3 years. After getting the resident status, he has to live in the US for 5 years to be entitled to apply for citizenship.
As said before to get his asylum case approved is the first step. In the event he has problems to get it approved, he can argue that, after so many years in the US he can\'t go back to his home country and maybe the judge can help him. It seems now that what his attorney was saying is about right. And he needs a good immigration attorney to handle this case. Good luck

[alanpero]

I got mine granted on 8/97 and applied for I-485 on 9/98. I am still waiting for approval. They are processing I-485 filed in 6/98. There is a quota of only 10000 visas per year for asylees, so it is a long way to go to finally get the GC. It will take much more than the 505 days INS says.
1) Next step is: to be called by INS for fingerprints. After that, if everything is OK they will stamp passport, and mail GC.
2) Most likely, no other interview is required.
3) Doesn\'t help. There is a line of people in the same boat waiting for a while to be in the 10000 quota every year. Applications are processed based on the filing date.
4) RTD is fine, but better check ins.usdoj.gov before traveling because there is a recent rule issued by INS saying that now Advance Parole is also needed, in addition to RTD

If you know of anybody in the same boat, please let me know. Also if you receive any new from INS. I will do the same. Thanks
apalanpero@cs.com

[alanpero]

1) Waiting for fingerprint notice from INS
2) medical test already done when filing I-485. After FP, you are called to go to local INS for stamping. Some time after, you receive GC by mail
3) I got my I-94 with letter from INS granting asylum. It\'s really important, specially if you need to leave the US temporarily
Don\'t trust times given by the answering machine. They mean nothing, approval of applications move according to the 10000 yearly quota. It\'s better to insist calling and talk to a Immigration officer to have a better idea of status of application. You will need to be redialing at least 40 minutes to get your call through. Good luck to you also

[RAJARANI]

Hi
Very informative notes that I found on this message board. I have question: Have been granted asylum and applied for status ad. in Sep. 99 I want to visit Canada. Is is possible to go there with Travel Document? If yes, what they see at the boarder when we enter to the USA? Should we take our I-90 with us? If they keep that with them, then what happens?

Also, whats the best way to go to India for a visit on an asylum status without getting AC?

Please help

[mmike]

Hi, everyone, I have a dumb question. If I get my green card through asyleum, can I go back to my country with my current passport and return to USA with my green card ?

Thanks a lot!

[Ross]

Hi Alanpero
I have some question about I 485
My Political Asylem has been granted and I appilyed for I 485 on Jan-2001 and I got recipe notice from SC on Jan 2001 also. and on that recipe notice they say it will take 475 to 505 days for prossing.But recently i call NSC and give my LIN no: and they(Automated system) say it will take 460-490 days.
My question is :1) 460-490 days take to do I 485 EB(employment based)
                2) 960-990 days take to do I 485 Asylee(granted political Asylem)
                3)But on my recipet notice they say it will take 475-505 that time is for ( EB I 485) but i applied my I 485 as a Asylee
so shouldn\'t i get letter 960-990 days for prossing time.
Does same thing happen to you also?
               4)10,000 GC for political asylee do they have diffrent couta for different country-
Thanks for your help/information.

[RAJARANI]

Its a million dollars question. Any sincer and experienced man could reply that

[alanpero]

1),2), 3) 960-990 days is the most recently processing time reported by NSC. So, you won\'t get any new from INS before that period. Yes, it\'s my case also
4) 10000 GC is the yearly quota for asylees from all countries over the world. No distinction for any specific country.

[alanpero]

Yes you can with RTD, but better check ins.usdoj.gov There is a recent advisory notice from INS for I-485 travelers and now they are also asking for Advance Parole. IO checks for the RTD (and now apparently the AP also)He also issues a new I-94, and keeps the old one. I believe you meant I-94, not I-90. Don\'t understand question about going to India (AC ??)

[alanpero]

You can go, but will surely have problems to re-enter to the US

[almart]

Hi, I think you can help me, If I´ll get political Asylum, I could working in my profession?

[Christina Perez]

A Guatemalan man enters illegally and applies for Political Asylum through the "ABC Project" for which he gets 3 consecutive years of work permits. He finds Mrs. right and marries. He then applies for permanent residency through his American wife, never mentioning the political asylum he had been under. Is it legal? Especially take note that his native country is now at peace politically.

[Jack Archer]

Disclaimer:I am not a lawyer and you shouldn\'t take my advise seriously.

I think it is legal. I also believe marriage based GC application will be faster than asylum based GC because there is 10,000 GC/per year limit on asylum based GC applications.
 Whether you mention it or not the INS will automatially know that you are an asylee because your name and personal data is in their database. However that should not have any negative effect on your marriage based GC application.

 Good luck! And please consult with a proper immigration lawyer or ask an immigration officer to confirm this.

[Jack Archer]

I applied my asylum based I-485 at Houston INS office in Sepetember 1996. All I got was a post office return receipt from them. However if you write to them and ask about the status of your application they will reply with acknowledgement that they received your application.
  It took me 4years and 5 months to get the finger print notice letter. And the interview notice letter two weeks later.
  Don\'t get your hopes too high at the interview because the asylum green card quota system only gives out 10,000 green cards per year. And as some gentlemen in this board already mentioned the quota is not country specific. There seem to be a large number of aylees waiting ahead of me because the INS interview officer was not able to tell me the exact number, definite waiting period etc. A friend suggested to me that that information can be obtained from NCSC if I request it under Freedom of Information Act.
  What really SUCKs(pardon my french) about asylee GC is that there are no big high tech companies or interest groups lobbying to increase the 10,000/per year quota. That number has not increased since 1990.

[alanpero]

Thank you so much for the information, valuable for the ones still waiting and congratulations. Another thing to consider is that before July 98, these type of applications were filed at local INS (like your case). But after that date, all applications were centralized in NSC and must be filed there (not in local INS offices anymore). Since NSC doesn\'t have records of applicants in each local office, at the begining of each fiscal year, they ask local offices to notify NSC of approvable cases. And, using that information collected from local INS offices, they allocate the 10,000 visas. So, if by any chance, the local INS office didn\'t report timely, of any case that had an "approvable" status, that case was delayed and had to wait until next fiscal year.
One last question: could you provide details on the interview, how is it conducted, questions, did they stamp passport there?, etc. Thanks again

[alanpero]

Jack, I am not a lawyer either but based on what I have experienced, I totally agree with your statement.

[Jack Archer]

Don\'t take my word for it. I can only point out my opinion.

 Once you got your GC you will be treated like any other permenent resident. I think you should be more concerned about the authorities in your homecountry than the USINS. I dont know if INS will mention that you obtain your PR status through asylum case when they stamp on your passport. If they do the authorities in your homecountry will not be pleased to see that stamp. However it will be different if the governments changed in your homecountry.

 It is a very risky business and so much unsincereity involved. But I can be sympathized with you, we all want to visit our country of birth.
  Get advise from layers etc. before you do it though.

[Jack Archer]

Hi Alanpero,

  The interview was very brief (took about approximately 5minutes). And the questions were very routine and formal:
(1) My name (First and Last)
(2) My current address
(3) letter from my current employer
(4) Whether I have any known criminal record in the U.S
(5) Most recent W2s and Bank Statement
(6) whether I applied for EAD and Advance Parole during the past 4 years.

After those brief questions I had to fill out a questionnaire. Questions, to the best of my recollection, include:
(1) Have I been a member of the American communist party, or Proletarian Party?
(2) Was I labeled as a war criminal by any organization?
(3) Have I been engaged in any espionage activities in the US?
(4) Have I been a member of the German Nazi party?

I was able to present all the documentation they requested and answered all "No" to those stupid dumb questions in the questionaire.

At the end of the interview the INS officer told me that they cannot approve my case at this time because of the Quota system (10,000 asylum GCs per year). I asked her if that means my application is rejected. She answered "no" and told me to continue waiting for further notice from the INS. She also mentioned that in the next notice letter I will receive ( didn\'t say when they will send it) I will be asked to come in for passport stamping. So to answer your question my passport was NOT stamped on the day of the interview.

  I believe that the quota system is causing "bottle-neck" in the asylee green card processing time. Here is what I found at the INS web site

"http://www.ins.usdoj.gov/graphics/aboutins/statistics/annual/fy95/118.htm

Asylees must also wait 1 year after they gain asylee status to apply for permanent resident status and, until 1992, there was a limit of 5,000 adjustments per year. IMMACT90 increased the limit to 10,000 and exempted asylees who had applied for adjustment before June 1, 1990, from any numerical restrictions. As a result, the number of asylee adjustments increased from 4,937 in 1990 to 22,664 in 1992. The number of asylee adjustments decreased to 7,837 in FY 95 as the backlog of those waiting for adjustment declined. The leading countries of birth for asylees in FY 95 were China (772), Nicaragua (686), Yugoslavia (428) (7), Haiti (408), and Ethiopia (400). The median length of time they resided in the country before adjustment was 4 years."

[alanpero]

Hi Jack, again thanks so much for providing that extensive and valuable information. My guess is that you will receive the notice for stamping the next fiscal year, which starts this coming October. So, I expect you should be receiving your approval next October. It will take some months after that to actually receive your green card. Congratulations again, you have already completed 99% of the process. Somehow I believe your application was not timely reported by your local INS office to the SC. Reason why I believe this is that I know of people that filed their I-485 in the Miami local office after you did in Houston office, and have already got approval. Also, know that by the end of fiscal year 2000 INS SC was already processing applications filed in 1997.
Also, INS statistics show the following number of individuals granted asylum in the corresponding Y\'s: 95: 17493, 96:18556, 97:15896, 98:12951. So, if we assume that all these individuals filed their I-485 the following fiscal year (because, by law they lava to wait 1 year), then the number of individuals that filed I-485 can be conservately assumed as 96: 17493, 97: 18556, 98: 15896, 99: 12951, and is on these figures that the 10000 limit applies, because prior to 95 there was no backlog. I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status.
Anyway, this nightmare is about to be over for you, thanks again and congratulations.

[Jack Archer]

Dear friend Alanpero,

 Thanks so much for bringing up the facts and figures to this board. I was about to request for those numbers from NSC under the Freedom of Information Act but now that you have posted those numbers it saved much of my time. It seems that the year I was approved for asylum 1995 has the second highest number of people granted for asylum. You may also notice that it exceeds the IMMACT90 Quota limit by 7493 people (assuming that 100% of them applied for I-485).
 I am glad that my case is at the very near end of the tunnel. But for my fellow asylees who filed their I-485 in the following years will have to face the ovelapse of the people from previous years. For god\'s sake that 11 year old Immigration act that limits the asylee green cards to 10,000/year need to be updated and increase the numbers.
  Other I-485 categories have high tech companies and special interest groups lobbying for them but for us asylees there is not a single organization raising the voice for us.
  I am thinking of starting a letter writing/pettition signing campaign to increase the asylee green card quota numbers. It would be nice if we can get some immigration specialists and politicians invloved in our campaign.

[Jack Archer]

"I guess you were granted asylum maybe sometime between July and October of 95, and filed I-485 a year after so I can\'t understand why your application was not processed before, unless as said before your local INS office in Houston did not notify INS SC timely that you had an approvable status."

Yes I was granted asylum in September 1995 and applied for I-485 in September 1996. When I called NSC in January 2000 I was told that TEXAS/Houston has higher applicant rate than most states/cities. I know a friend who filed his I-485 in Delaware in 1996 received approval in early 2000. Places like NY, CA, IL, TX are known for long processing times etc.

[alanpero]

Hi Jack, you have brought up a topic I also wanted to mention, and is related the 10000 visas/year limit and how other I-485 are so promptly processed. We just need to go to other sections of this portal and will see that I-485\'s Employment Based are now being approved even 6 months after being filed (thanks to the legislation recently approved), while our cases have to wait for even more than four or five years. Also, the Immigration reform of 1995 has affected the older cases and it is not fair that because of that old Immigration Act, our cases are not equally considered. Last time I talked to an Immigration Officer, she kindly suggested me to contact my Congressmen and explain about this problem, and ask for his support to promote an increase in that limit set 11 years ago.
Well, I believe that if only one person ask, it is not going to work. But, if all of us ask for that, results might be different. Again, it is not fair for us to see how EB applications are promptly processed just because, as you said, they have high tech companies and special interest groups lobbying for them. But, it seems nobody care about asylees.
Again, I believe you brought up an interesting point.

[alanpero]

Yeah, that confirms what I was thinking. I also know people in Miami that filed I-485 by mid 96 and got their GC\'s in late 98. These disparity in processing times is supposedly to change when INS NSC completes processing applications that were filed in local INS offices. But, who really knows when this is going to happen?

[Jack Archer]

Alanpero,

 I think the policy makers and INS officials are already aware of the flaws with the IMMACT90 quota system and inequality in processing time between employment based I-485 apps and asylee based I-485 apps. However they might think that because asylees are given "indefinite period" to stay in the U.S and can renew our E.A.Ds every year w/o employer\'s sponsorship we don\'t face the same hardships as people on employment Visas. Hence the policy makers will conclude that waiting is not really a problem for us.
   Truthfully speaking I don\'t mind holding the asylee status while waiting for the GC (hey it\'s better than H1-B and most other Visa types , right?), but my asylee status has let me down on more than one job interview. Employers(other than McDonald\'s and TacoBell) want people with stable immigration status (namely the Green Card). They don\'t like the part that asylee status can be revoked when political conditions in the homecountry improves. Some companies would ask me my ability to travel to countries outside of the U.S. When I mention the RTD and Advance Parole etc. they will look at me as if I\'m talking in some alien language. Of course they don\'t turn me down based on those reasons (Can you say "discrimination" law suit?), but you know those reasons sometimes play important role in getting a job.

 Also I believe that recent changes in the top ranks of the immigration department is delaying the policy changes (they had two temporary commissionaires replaced since Dorris Messiner left). It will take awhile for the new Commissionaire Rooney to become familiar with problems etc. Looking on the bright side though, Rooney\'s last position was in the UNHCR ( UN High Commission for Refugees). So we can expect some sympathy for asylees from him.

  Anywho...that ridiculously outdated quota system needs to be changed.

[alanpero]

Dear friend Jack,
That is exactly right. I have also had the same experience in job interviews, not counting those job openings for which I couldn\'t apply because employer requires GC with no expiration date. Not counting that when you travel abroad Immigration officers are not aware of what is the RTD issued for, instead they ask details about your case (even though they are not supposed to)and finally ask for your homecountry passport and stamp on it. Not counting the fact of being every year filing EAD, RTD, AP, etc. and dealing with continuous changes in processing procedures and the agony of not getting the documents on time.
I am also aware of those changes in the top ranks of INS, and hope everything will come better for us from now on. But, this is more a wish rather than an expectation.
Good to know people like you, that are open to share their experiences.
Best regards

[RAJARANI]

Hi! Alanpero

I just had one quick questions. What kind of stamp on the passport you are talking about? Do they stamp your passport which indicate that you are an asylee? I mean after stamp on passport, can one tell after seeing the passport that you have taken an asylum?

Also can you tell me if you Green Card has any code or number that can indicate that you are an asylee. Generally Green Card doesn\'t have any indication except alien number. Please highlight these points.
Thanks

[alanpero]

They stamp your passport to indicate you are US Resident. Months after they send by mail your GC. And yes, in the GC it is indicated that you got it through asylum.

[Besa Sala]

Hello Jack,
Could you please tell me where u from originally? I wanna apply for asylum also, but I don\'t know if I have
any chance to be granted?
I would really appriciate your answer!

[Besa Sala]

Hello, Jack Archer,
Could you please tell me where you from originally?
I wanna appy for asylum but I am scared I don\'t have any chance to be granted?
I would really appreciate your answer!

[Jack Archer]

Hi Alanpero,

 How do they indicate this on the GC? Is it just a serial number that only immigration officers ( and immigration experts) can tell or clear english words "Asylee/Refugee"?

Thanks

[Jack Archer]

Disclaimer: I am not a layer. What I post in this board are strictly my opinions. If you want a good legal advise please talk to a well qualified immigration layer.

Hi Besa,

 I strongly advise that you consult your case to a lawyer. Before you go to a lawyer please read Asylum Overview at the USINS web site
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm

 I am NOT a qualified asylum lawyer to give you legal advise. But to state my opinion, asylum is given to peolple whose lives are threatened (yes, nothing less than a life threatening situation) by politically oppressive regimes because of their political/religious believes, group affiliation to a particular religious/ethnic/political group,..etc. It is the asylum applicants burden to prove the "well founded fear" that he or she will be persecuted when that person returns to his/her homecountry.

  I suggest you go read the Asylum Overview first:
http://www.ins.usdoj.gov/graphics/services/asylum/overview.htm
If you think the criteria described in that overview fits you then collect all the evidence that supports your story and go see a well qualified asylum lawyer. I can give you a shadow hint of who will play which role in a typical Asylum Interview:

YOU the asylum applicant is the key player. You must know your own story, collect all the relevant evidence (photographs, newspaper articles, NGO reports etc). Most of all you must be able to prove that your life will be in danger when you return home.

You can bring one interpreter to the interview if you are not fluent in English.
The interpreter\'s role is to translate the immigration asylum interview officer\'s questions to your native language and your answers into English. This role is IMPORTANT. Language misinterpretations can lead to wrong conclusions etc.

An immigration lawyer who specializes in asylum law. The lawyer\'s role is to convert your story into legal terms (i.e You say cuts and bruises, the lawyer says "evidences of police brutality") . So don\'t expect him to do all your homework (collecting papaer work and other evidences) for you. In my opinion the lawyer\'s presence will give you better confidence during the interview because he will also be monitoring the interviewing immigration officer; that he doesn\'t ask you the questions that steps out of the boundary of law.

 If the Asylum office (most INS offices have seperate Asylum departments now) finds that you have proved the well founded fears of persecution they will grant you asylum. If not they will reject your case and explain in the rejection letter.
 If you got your case approved you can apply for change of status I-485 (Green Card) after one year.

The terms, legal jargon invloved and the language usage in the asylum law are VERY complex. So please consult your case with a lawyer.

 I understand that there is also a quota on the number of asylee cases granted every year. So I would like to ask folks not to apply asylum to get college tuition discounts etc because you may be robbing a more deserving person of his life (although it\'s not my role to say who deservers it and who doesn\'t).

  No lawyer or an individual will guarantee that you will get your case approved or rejected. It is all combination of good presentation, quality and authenticity of the evidences you submit, and some luck :)
But most important of all asylum is all about proving "well founded fear" of persecution upon returning home.

[alanpero]

Some friends of mine that got their GC, told me that it is indicated in the GC they are asylees. However, I did not actually see the GC. I presume it is written; otherwise, they hadn\'t made that comment.

[mmike]

Hi, I filed I-485 already as asylee. Can I still use my passport or renew it ?

thanks for any commnets.

[Jack Archer]

Your passport is not issued by the USINS. Passport renewal issue should be checked with the consulate office of the country that issued your passport.

  It is just my opinion that if the Consulate allows you to renew your passport then presumably you are safe to return to your country. And that might become a questionable issue for the INS. These are just my opinions.

[Jack Archer]

How much longer an asylee has to wait to file for naturalization after INS stamps on his/her passport? (I-485 approval).

Thanks

[alanpero]

Hi Jack, you have to wait for 5 years.

[leonse]

As I know, you have to wait 4 years.

[Jack Archer]

INS website indicates that the official wait time to apply for naturalization is 5 years after the date INS stamped I-485 approval on your passport.
http://www.ins.usdoj.gov/graphics/exec/natz/worksheeta.asp?JS=Y&Brow=IE&Ver=5.5&Cookies=Y&Plat =U&iStage=1&DebugLevel=2b

Thanks for your answers guys.

[leonse]

If you read the law for asylee (Section 208 of the INA ) you will found you can apply citizen after four years instead of five.

[Jack Archer]

To my understanding it is 3 months minus 5 years (4yr 9 mnths). It\'s 3 years for people with special conditions ( like being married to a U.S military Serviceman..blah blah). But if you are an asylee or employment based GC I think it\'s 5 years (or 4yr 9mnths).

 That\'s just the time it take to wait before you can apply. What about the processing time etc?

[Jack Archer]

I just read Section 208 of the INA found at:
http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=[jump!3A!27act208!27]/doc/{@1313}/hits_only?

It desribes in details of the Asylum filing procedure, but there\'s no mentioning of the Naturalization procedure. Section 209 is about Refugee Adjustment of Status (Refugee is not the same as Asylee).

Can you be more specific with whre you found that? Perhaps posting a quote would be useful.

Thanks

[Jack Archer]

Jose,

 It\'s so true. Once a refugee/asylee leaves the U.S he/she is no longer protected by the U.S laws.And refugee/asylee may certainly not want to go home with the RTD because if authorities in the home country do not give you trouble the USINS will question if you still deserves your asylee status.

[Jack Archer]

Former President Clinton should have given a little more thought before signing the LIFE Act.

 The INS is already understaffed and its officers overworked. And there are enough legal immigrants patiently waiting for their GC and naturalization cases. Now with these newly legalized immigrants added to the already overloaded bureacratic system we can expect longer processing times etc.
  The LIFE Act also makes a mockery of the leagal immigration system and border control efforts.

[RAJARANI]

Hi Alanpero

I just had one quick question. I applied I-484 as asylee in November 1999. My notice says Received Nov. 1999, notice date December 1999.

Can you tell me which will matter for the approval? I mean will it be Receipt-date or the notice-date? As you know as per NSC its June 1999 and I am hopeful for October 2001 when visa are open that I will get thou. So could you or any other person advice?

[alanpero]

Hi Rajarani, Don\'t trust that date of June 1999. It seems to be an error. If you check latest NSC report as of April 30 (http://www.ilw.com), they have moved that date back to 6/2/98, as they were reporting before. They are still processing applications filed at local INS offices (read message 5.2.1 in this portal). There is no country limits in the 10000 visa quota.
You filed in November 1999, which means FY 2000. I do not expect those applications to be processed before FY 2003. Most likely you will be called for FP between October and December 2003, or at the best a year before. Since you filed in the second month of FY 2000, I believe there is a slight chance for you to be called between October and December 2002, but better not to feed false expectations.
I regret this information is not favorable, but this is my best estimate based on statistics reported by INS on number of asylees approvals, etc. See message 5.2.1.1.1 and following. I wish I were wrong, it would be of benefit for all of us. Good luck, and please let us know if you receive news from INS before. It will help to better track INS processing procedure for this type of cases.

[alanpero]

Rajarani, per regulations is the filing date what counts. For our case, I understand the filing date is the receipt date.

[alanpero]

Jack, the naturalization residency requirement is 5 years; however, I found this in the INS annual report Asylees FY 1997, on page 4: "One year of the asylee\'s residence prior to adjustment is counted toward the naturalization residency requirement" So, after all it seems that we have to wait 4 yeras only. At last a good new for us!!.

[alanpero]

Jose Carrera,
First of all, my message was not addressed to you. I just responded to a question someone asked to me. If you don\'t believe what I am saying, that\'s fine.
As for ilw, albeit it is a lawyer\'s site, take into account they are posting a report from INS NSC. So, everything else you said is not relevant.
1)As for naturalization, I clearly explained where I found the reference. It seems you didn\'t read my message. It is an official INS report.
2)You have misunderstood the issue about visas for asylee.
Don\'t understand what you are trying to say at the end, your english writing is poor. Better not to address any more messages to me, because I won\'t respond.

[alanpero]

Jack, I just found this:
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR)
8 CFR: SUBCHAPTER B -- IMMIGRATION REGULATIONS
8 CFR PART 209 -- ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED ASYLUM
Sec. 209.2 Adjustment of status of alien granted asylum.
 
 
(f) Decision. The applicant shall be notified of the decision, and if the application is denied, of the reasons for denial. No appeal shall lie from the denial of an application by the director but such denial will be without prejudice to the alien\'s right to renew the application in proceedings under part 240 of this chapter. If the application is approved, the director shall record the alien\'s admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. (Amended effective 7/6/98; 63 FR 30105 )

Note that the allien\'s admission for PR is recorded one year before the date of the approval of the application

[RAJARANI]

Thank buddy Alanpero. You were right about the date. As per their recent processing time, they have switched back to June 1998. However I didn\'t understand about yout FY2000 concept. Whats is all about? Could you please explain.

Also if I get travel document, would my processing for the adjustment be affected or not? If so then ther is no use of getting this document. I don\'t want my adjustment to be late. Is there anyone from INDIA who has been granted asylum and applied for the ajustment? if yes please reply me.

[RAJARANI]

Alanpero, I was just reading at this site
http://www.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=[jump!3A!27oi2093!27]/doc/{@47938}?

I came across the following codes, COuld you please tell me what do they mean? Does GC has these codes on it?

It says:
>>>>>>>>>>>>>>>>>>>>>>>>>

[alanpero]

Hi Rajarani,
INS works according to Fiscal Year (FY) which is different from the calendar year. FY starts on October 1st and ends on September 30 the following year. For example, FY 2001 started on October 1st 2000 and will end on September 30 2001. And on next October 1st, FY 2002 will start. If you filed your I-485 in November 1999, I bet your receipt number starts with LIN-00-xxx-5yyyy. The "00" denotes the FY. The xxx digits denote the number of working days between October 1st and the date of your application. If you filed in November 1999, I bet those xxx digits must be a number in between 020 and 050. The last five digits denotes the application number and starts in 50000. So, even though you filed in the calendar year 1999, your application was filed in the Fiscal Year 2000, and you are among the very first people filing in that FY.
INS has already allocated the 10000 visas for FY 2001, so they are not legally allowed to issue more GC until October this year. This is why I believe there won\'t be any movement before October.
I do not see why getting RTD should affect the processing of your application. Y have traveled abroad with RTD several times and have had no problems. See other messages posted.

[alanpero]

Hi Rajarani, Sorry I don\'t know what those codes mean, but apparently they are simply a codification for the asylee and relatives that got derivative asylum status. As per that paragraph, what they mean is that since for asylees the date of admission for PR is a year earlier than the actual date of I-485 approval; that date cannot be earlier than the date asylum was originally granted. Let\'s take an example: asylum granted in Nov 1999, then you filed I-485 9 months after (one year minus 3 months) in August 2000. Then, a miracle happens and your I-485 was approved in September 2000. Then, as per regulations your date of admission for PR should be a year earlier, thus, September 1999 (5 years time residency should start counting that date). But because date of admission for PR (September 1999) is earlier than the date your asylum was granted (november 1999), the paragraph you posted, applies and the date of admission for PR will be moved to November 1999.
Regarding my recent message 12.2.1.1, I just realized that your RD is November but your ND is December. The xxx digits I mentioned, are the number of WORKING DAYS between October 1st and the RD. So, for your case, I believe the xxx digits must be a number in between 040 and 070, instead of in between 020 and 050.

[RAJARANI]

Thanks Alanpero for your reply to my message. Have you ever travelled to Canada on RTD? If yes, what you need to take with you to travel there and what type questions they ask when you come back? Can you travel to UK on RTD? Please advice?

[alanpero]

Hi Rajarani, Check in board "Refugee Travel Document" message 2.1.1.1.1 and following. Someone asked me the same question before. Technically you only need your RTD, but I took with me anything that could help to avoid problems to re-enter the US, like EAD, copies of asylum approval letter and I-485 application, national passport (if expired, better not to renew it). You have to check with your nearest Canadian Consulate, about requirements to get a visitor visa. Everything can be made by mail, they finally stamp the visa in your RTD.
Same thing applies to UK or other countries, I believe you need to get a visa first, to travel there. Also contact the UK Consulate.
I understand you are in the process to get or have already received your RTD, check the back cover. They explain about regulations pertaining RTD. Good luck

[RAJARANI]

Hi Alanpero,

My number is not what you predicted. Its LIN-00-018-XXXXX. So now what do you think about processing time that how long should it take? When visas for Y 2001 are issued, I think I would be the among 1st lot of the visas. Am I right or not? Please advice.

[alanpero]

Hi Rajarani,
It was not exactly as I predicted but pretty close anyway. As I predicted the first two digits are "00" confirming your application was filed in FY 2000 (but calendar year 1999). I said the next two digits would be between 020 and 050 if you filed in November. You said those digits are 018, which means that your Notice date is October 26 1999 or around that, am I right?. If so, that means your received date is someday in September 1999, maybe by the end of that month.
So, reason why I didn\'t get the right numbers is because I was given the wrong RD and ND (November and December instead of September and October). The last five digits (XXXXX)must start with 5, is that correct?
As for your inquiry, you are right. It\'s better to have a ND in October rather than December. Try to imagine all the applicants staying in a line, and that the place in that line is determined by your LIN number. Every FY, the first 10000 persons in that line get their I-485 approved. If, at the begining of any FY you are in the next 10000 people in that line, then you\'ll get your case processed that FY, if not, you\'ll have to wait until next FY. As simple as that.
Using INS information publicly reported, status of similar cases, reasonable assumptions, etc., it is possible to predict with a reasonable accuracy when a particular application is most likely to be processed. Anyone can do it!!. I have develop a method to predict that processing time, not to make any business just for fun and because immigration issues are of the upmost importance for me. Receiving info from others will help to adjust that method and make it more reliable; consequently, I will better know about my case.
As for your case, I still believe your case will be processed and you called for FP between October and Dec 2003, but since your ND is October, according to my estimate, there is a slight chance for you to be called a year before. Method is not so accurate so better not to feed false expectations and think in 2003. If you are called before 2002, I am wrong, that would be a great new, and I would be happier than anybody else.
Remember, don\'t take this estimate as granted. I am not a lawyer only a person that have learned something about this stuff from own experience, other\'s experience, and from what I have learned and searched about this. Do not give it more credit than it deserves.
Good luck

[RAJARANI]

Yes, Alanpero, you are right. I spoke with immigration officer last week and they told me that I have chances of getting a call for FP in 2002. So but still I have my fingers crossed. So I am not expecting until 2003. However, your reply reminds me that I had originally applied in September 1999 but they asked some more documentation that I supplied immediately. So I think they have counted me for September 1999. Therefore, as per you formula, it stated LIN-00-018-XXXXX. But lets see what happens. Please keep updating us. At least by talking like this gives a relief and hope, otherwise its very hard even to talk with someone for this.

[alanpero]

Hi Rajarani, thanks for posting about your talk with immigration officer. Good luck and stay in touch

[JackArcherNew]

Jose,

 Please do not criticize Alanpero even if he has posted wrong information by accident. Disclaimer in this board clearly advise participants NOT to literally take the information in this board for legal purposes.
  Alanpero has posted valuable information in this board more than once. I think he deserves some credit for his work.

  Immigration laws are VERY complex and changes happen every now and then. Personally speaking I always double check the information I saw in this board with the INS web site, lawyer etc. I suggest others to do the same. This board is BY ALL MEANS not a cheap substitute for professional legal help you get from lawyers.

   So my final advise is use this board like "Village gossip" and reference check with INS sources, lawyers etc.

Thanks

Jack

[JackArcherNew]

Hi Raja,

 I think you mean I-485, correct? When I applied mine at the local office in 1996 (back then all I-485s were filed at the local offices) they did not even give me a receipt. When I visited the INS 1 yr later they told me I should have enclosed a self-addressed envelope along with the application (not mentioned in the filing instructions). Fortunately I kept my Money Order receipt which the INS officer used to find my case in their computer.
  In July 2001 I was called for finger printing. A month later I received the appointment letter for interview. In my old postings I described the interview details. Nothing special, just routine questions. I think the actual purpose is to see whether you are still in the US or not (my opinion). At the end of the interview I was told that this INS office cannot stamp my passport today because there is 10,000/year approval limit on asylum based I-485s. The interview officer told me to continue waiting for notice letter from the INS.
  I did some fact finding on the internet and found out that since 1996 average 15,000 asylees apply for I-485 yearly. So the quota system is creating a very bad "bottle neck" situation.
  The recent update is that Congresswoman Shiela Jackson-Lee (D-Texas) has proposed a Bill to increase the asylee GC approval quota to 25,000/year. The Senate is currently holding hearings etc on the case.
  As for me, I continue to wait to get the notice letter from the INS. Thanks to the recent change in SSA policy I now hold a Social Security Card with no restrictions on the card.

[JackArcherNew]

The INS may issue GC visas for asylees 3 times a year(jose\'s statement), but the fact that there is a 10,000 approval per year does not change.

[JackArcherNew]

The fact is not even an average INS officer knows about immigration related facts and figures. Speaking out of my own personal experience I asked my interview officer how many asylees have applied for I-485 since 1996, and if the quota number is static or changes accordingly with the number of applicants per year. She said she does not have that information. So I had to do my own research on the internet.

 You are correct in pointing out the obvious that has been reiterated in this board over and over again: that information found in here should not be taken literally like INS press releases.

[JackArcherNew]

The abstract you quoted here makes several references to other paragraphs in the ACT (noted in paragraphs (a)(1)(i), (iv), and (v)blah blah).

 I am not going to take time to do further research on this case (that should be a paid lawyer\'s job). But it seems to me like this paragraph is about asylees and refugees who received their status before 1990 (does not apply to me).

[RAJARANI]

Hi Jack!

Yes, you are right I mentioned about my I485. When I applied for the adjustment, I received a letter which mentioned about the receipt date and the notice date. It also mentioned that my case will take 412-510 days which has already passed. Yes, you are also right they issue visa three times a year as per their site. But the bottom line is 10000. So lets hope for better. I hope Congresswomen Sheila\'s efforts bring some changes soon.

Also I received my travel document which is not white. Its blue color. Does it make any difference in travelling? I will be going to Canada soon for a week. Do you have any advice?

Also about SC without any restriction, I want to apply for that. But do you think that I don\'t have to re-apply for AD again? It look like from the letter that I don\'t need AD after this SC. But just want to double check. Thanks

[alanpero]

Hi Jack,
Hopefully, I will make it clear this time. We all know what regulations says about that "3 times a year issuance". However, what I meant is that, based on what has happened in the last years, the INS has been issuing the majority of the 10000 visas in the first three months of the FY (between October and December). After that, in compliance with the regulation, they check for the number of visas available 2 more times, but only to approve the few of them remaining to reach the limit of 10000. What I am saying is that the INS approves the majority of the 10000 visas in the first three months.
The regulation states that the number of visas available is checked three times a year, but doesn\'t set any limit on the number of visas that can be approved between October and December, other than the limit of 10000, of course. And, the INS is approving the majority of them in the first three months of the FY.
If not mistaken, your case is an example. You were called for FP and after that interviewed only to be told that the cap had already been reached for the current FY, and have to wait. Hope this is clearer now.

[JackArcherNew]

I also have a dumb question: if I drive my car without a liability insurance card and driver\'s license will I get pulled over by a cop someday?

 Look at the parallel examples here. Technically you can drive a car without liability insurance and dirver\'s license, but you will be taking awful lot of risks. Some people manage to do it without getting caught and some are serving jail time now. So the answer is it is not safe practise.

[JackArcherNew]

If you asylum is approved by the INS you can apply for a EAD and under the new SSA law you can obtain a Social Security Card without any employment restrictions.

[JackArcherNew]

Hi Raja,

  Looking on the possitive side the INS replied to you with some answers and a receipt to your application. When I filed mine back in Sept.1996 I was "kept in the dark" for nearly 2 years: no replies to my inquiries, no receipt. I was worried that my application may have lost. Finally they replied to my case status inquiry after 3 years and said I should have enclosed a stamped self-address-envelope together with my application if I wanted a receipt (why is it not mentioned in the I-485 filing instructions?). Then they told me an average asylum based I-485 can take upto 40 months (this was back in 1999 when I-485s were filed at local INS offices). I did not know about the quota system back then.

   During the Senate SubCommittee hearing on HR1560 someone testified that asylum based I-485s are now taking upto six years. This coincides with my own case.
  Someone posted in this forum that asylees no longer require advance parole to re-enter the US. I have not checked this one with the official INS web site yet. Please confirm this before you leave the US. Also besure to check with the Canadian consulate on Visa requirements etc.

 I\'ve posted some links where you can download SS-5 and the ORR policy change statement. Print those forms out and take it to your local SSN office. If I read everything correctly you do not HAVE to show the old EAD (most of us have it anyway) to get the new Social Security Card. Take your asylum approval letter, old SS card, SS-5 form, and ORR policy change statement letter to the SSN office.
 I wish they had done this long time ago because it could have saved me $100/year EAD renewal fees

[JackArcherNew]

Yes, that is exactly how I understand it. Jose C ,however, is mistaken.

[tchaa]

hi, i`ve being in the country for a year and i don`t have a social security number but i have applied for asulym program and i need to get a social security number right away to rent a room ,but they told me i must pass 150 days befor i apply for the work permit .
 i`ll like to know if there is another way to get th social security number befor the 150 days.