Asylum Based i-485

[flando]

Hi everyone,

I hope you're having a great holiday.

Quick question - I just received notice that my case was transferred to another office.Has anyone received any?

I applied for an asylum based green card in March 2019 and still waiting. Texas Service Center.

Thanks

There has been quite a few such cases and it seems USCIS is transferring cases from TSC to either NSC or local offices.

I expect the cases see some actions within the next 6 months, such as RFE for medical or an interview.

[Leonardi]

Good Afternoon Everyone!

I would hope everyone is doing okay. Ofcourse, just a reminder, the pandemic is still raging and you should protect your own respiratory health by getting vaccinated and wearing a medical grade mask especially in the light of the new emerging variant of COVID-19, the Omicron.

I am happy to report, I have passed the CITIZENSHIP/NATURALIZATION INTERVIEW on December 18, 2021. I am now scheduled to be NATURALIZED AS A US CITIZEN ON WEDNESDAY, DECEMBER 29, 2021 per the NOTICE OF NATURALIZATION OATH CEREMONY, FORM N-445. I applied for US CITIZENSHIP in JULY 2021. PERMANENT RESIDENCY approved on OCTOBER 08, 2019, and because it was backdated one year to OCTOBER 18, 2018.

I have come to the end of my IMMIGRATION JOURNEY in the United States. I will be trading my US REFUGEE TRAVEL DOCUMENT, FORM I-571 for US PASSPORT. I will apply for it immediately following the ceremony on Wednesday.

APPLIED FOR ASYLUM BASED ON MEMBERSHIP IN PARTICULAR SOCIAL GROUP | SEXUAL ORIENTATION - DECEMBER 2014

ASYLUM INTERVIEW - FEBRUARY 2017

GRANTED ASYLUM - FEBRUARY 2017

BECAME A US PERMANENT RESIDENT THROUGH ASYLUM - OCTOBER 08, 2019 | BACK DATED OCTOBER 08, 2018

APPLIED FOR US CITIZENSHIP/NATURALIZATION - JULY 2021

SCHEDULED FOR US CITIZENSHIP/NATURALIZATION INTERVIEW - NOVEMBER 19, 2021

APPROVED FOR US CITIZENSHIP/NATURALIZATION - DECEMBER 18, 2021

US NATURALIZATION OATH CEREMONY - DEMEMBER 29, 2021

ASYLEE -----------> US PERMANENT RESIDENT ----------------> US NATURALIZED CITIZEN

Congratulations, such a fantastic journey!
I just have a question regarding when can we apply for citizenship after permanent residency?

[27march]

Good Afternoon Everyone!

I would hope everyone is doing okay. Ofcourse, just a reminder, the pandemic is still raging and you should protect your own respiratory health by getting vaccinated and wearing a medical grade mask especially in the light of the new emerging variant of COVID-19, the Omicron.

I am happy to report, I have passed the CITIZENSHIP/NATURALIZATION INTERVIEW on December 18, 2021. I am now scheduled to be NATURALIZED AS A US CITIZEN ON WEDNESDAY, DECEMBER 29, 2021 per the NOTICE OF NATURALIZATION OATH CEREMONY, FORM N-445. I applied for US CITIZENSHIP in JULY 2021. PERMANENT RESIDENCY approved on OCTOBER 08, 2019, and because it was backdated one year to OCTOBER 18, 2018.

I have come to the end of my IMMIGRATION JOURNEY in the United States. I will be trading my US REFUGEE TRAVEL DOCUMENT, FORM I-571 for US PASSPORT. I will apply for it immediately following the ceremony on Wednesday.

APPLIED FOR ASYLUM BASED ON MEMBERSHIP IN PARTICULAR SOCIAL GROUP | SEXUAL ORIENTATION - DECEMBER 2014

ASYLUM INTERVIEW - FEBRUARY 2017

GRANTED ASYLUM - FEBRUARY 2017

BECAME A US PERMANENT RESIDENT THROUGH ASYLUM - OCTOBER 08, 2019 | BACK DATED OCTOBER 08, 2018

APPLIED FOR US CITIZENSHIP/NATURALIZATION - JULY 2021

SCHEDULED FOR US CITIZENSHIP/NATURALIZATION INTERVIEW - NOVEMBER 19, 2021

APPROVED FOR US CITIZENSHIP/NATURALIZATION - DECEMBER 18, 2021

US NATURALIZATION OATH CEREMONY - DEMEMBER 29, 2021

ASYLEE -----------> US PERMANENT RESIDENT ----------------> US NATURALIZED CITIZEN

Congrats!!!!

But I have a question. You became permanent resident at October 08,2019 and backed dated October 08,2018. So I believed that you could be citizen in 2023(my lawyer said I'll have to wait 4 years after become permanent resident). But how did you do that? I am granted in 2018 and applied for GC in 2019 and I'm still waiting. If I get my green card in 2022, will I be citizen in 2026 or 2023? I am so confused.

Thank you!

[flando]

Congrats!!!!

But I have a question. You became permanent resident at October 08,2019 and backed dated October 08,2018. So I believed that you could be citizen in 2023(my lawyer said I'll have to wait 4 years after become permanent resident). But how did you do that? I am granted in 2018 and applied for GC in 2019 and I'm still waiting. If I get my green card in 2022, will I be citizen in 2026 or 2023? I am so confused.

Thank you!

I do believe it's very confusing for this post because s/he did not disclose all the facts surrounding the naturalization application. S/he must be married to US citizen, otherwise will not be eligible for naturalization at the date suggested.

To your question, the answer is simple -

1) If you are married to a US Citizen for the past 3 years and the US Citizen spouse also has been a USC for more than 3 years, then you can apply after 3 years since your LPR anniversary date.

2) If you are applying based on military service, you can apply immediately;

3) Otherwise, you need to wait 5 years.

Note -

a) Asylee's LPR anniversary date is back dated 1 year since the APPROVAL, to your question, if you get your green card in 2022, your anniversary date is backdated to 2021, unless you are married to USC (in which case you are eligible around 2024), you will need to wait until around 2026;
b) USCIS allow you to submit naturalization application up to 90 days before your 3/5 year anniversary (early filling), you can use the calculator here to see when you can submit the application.

[TiredOfWaiting!]

Tired of waiting , thanks. Did you also use an advance parole? Or only the refugee travel document?

As far as I know you need advance parole only if you are traveling back to your country for some emergency.
I didn't need cuz I was just going on vacation and, also, I'm planning to travel this January (not to my country)no advance parole needed.

[waitingGC]

As far as I know you need advance parole only if you are traveling back to your country for some emergency.
I didn't need cuz I was just going on vacation and, also, I'm planning to travel this January (not to my country)no advance parole needed.

Tired of waiting thanks a lot. I am not thinking about going to my home country but going to a third country for vacation. Did you check if your i-485 is still pending after you returned from international travel?

My lawyer insists that I also need an advance parole in addition to RTD but I do not agree and want to see if people have had real-life experience travelling internationally with only RTD (no advance parole) while the i-485 is pending and having no issue like having the i-485 application being deemed abandoned upon return.

Thanks again.

[flando]

Tired of waiting thanks a lot. I am not thinking about going to my home country but going to a third country for vacation. Did you check if your i-485 is still pending after you returned from international travel?

My lawyer insists that I also need an advance parole in addition to RTD but I do not agree and want to see if people have had real-life experience travelling internationally with only RTD (no advance parole) while the i-485 is pending and having no issue like having the i-485 application being deemed abandoned upon return.

Thanks again.

I would caution you and others on this type of thinking.

I have said again and again, you must know one thing in immigration - other's experiences cannot reflect on your own experience and how your case will go (i.e. how fast, result etc).

While for sure many has traveled on RTD when their AOS is pending and return without issues, I strongly suggest you just follow the instructions of your attorney and get an AP along with your RTD.

If you disagree I would suggest you consult with another attorney you feel more competent.

It's dangerous to rely on other's experiences in place of a legal advise.

[TiredOfWaiting!]

Tired of waiting thanks a lot. I am not thinking about going to my home country but going to a third country for vacation. Did you check if your i-485 is still pending after you returned from international travel?

My lawyer insists that I also need an advance parole in addition to RTD but I do not agree and want to see if people have had real-life experience travelling internationally with only RTD (no advance parole) while the i-485 is pending and having no issue like having the i-485 application being deemed abandoned upon return.

Thanks again.

It is still pending, no problem with that. But if your lawyers insisted on AP call to other lawyer for the second opinion. I don't have lawyer right now, I just needed when applied for asylum and when I got it my lawyer told me to get RTD and I'm free to travel. For I-485 and RTD I applied myself. When I was traveling this year I was nervous like what if they won't admit me back. But I had no problem only went through secondary inspection where they asked me where I went and what us my home address and that's it. It was 6 month ago and my GC application still pending

[Nat324]

If your old RTD is still valid and satisfy destination's validity requirements (many require 6 months), then yes.

Just note that USCIS will issue RFE requiring you to return your old RTD before they can approve your new I-131.

USCIS will not issue new RTD when your old one is still valid unless it has been returned.

How many months in advance can I apply for a new travel document? Mine is expiring in June. Thank you.

[flando]

How many months in advance can I apply for a new travel document? Mine is expiring in June. Thank you.

No known limitations. but 6 months is a good rule of thumb because most countries require 6 months of validity.

[Nat324]

Yes you can. I just did it in Nov. my new RTD is still pending at Nebraska Center. They never ask me for old RTD and I have gotten like 3-4 RTD from them so far. Every 6 month I file for new one because you know most countries required RTD to be valid for 6 month.

however on my return back to US at LAX airport they always take me to secondary, I think the reason is because of traveling with RTD , I just have to wait for them to check everything and answer few simple questions. Then good to go.

In the application for RTD there is a question if your old RTD is attached, expired, lost,etc. Did you just skip this question while having still valid document?

[xtovar]

I was traveling using my RTD in May this year. I didn't need AP, I mean as long as you are not traveling back to you country of persecution. Didn't have any problem returning back, just had to spend about half an hour in that customs room where officer asked my address put the stamp and said that I'm good to go. That's it.

Hi!! Thank you for your response. I'm planning to go to Europe in April and I'm still waiting for my GC, but I'm not sure if I'm good to go using only my RTD. Is that all you used? Thank you!

[waitingGC]

I would caution you and others on this type of thinking.

I have said again and again, you must know one thing in immigration - other's experiences cannot reflect on your own experience and how your case will go (i.e. how fast, result etc).

While for sure many has traveled on RTD when their AOS is pending and return without issues, I strongly suggest you just follow the instructions of your attorney and get an AP along with your RTD.

If you disagree I would suggest you consult with another attorney you feel more competent.

It's dangerous to rely on other's experiences in place of a legal advise.

I understand and agree and will get a second opinion with another lawyer. Nevertheless, it is still nice to hear other people's experience specially the ones who are in similar situation to you. It is amazing that the internet brought us an huge amount of information, we just need to filter and tailor them to our specific case!

But regarding my case, my lawyer (actually his assistant) suggested to have an AP too. But most of the i485 cases they work with are not asylum-based so I guess that they are just following the general rule and not the specific rules for asylum. So I will seek a second opinion with an attorney with more experience with asylum cases.

[waitingGC]

It is still pending, no problem with that. But if your lawyers insisted on AP call to other lawyer for the second opinion. I don't have lawyer right now, I just needed when applied for asylum and when I got it my lawyer told me to get RTD and I'm free to travel. For I-485 and RTD I applied myself. When I was traveling this year I was nervous like what if they won't admit me back. But I had no problem only went through secondary inspection where they asked me where I went and what us my home address and that's it. It was 6 month ago and my GC application still pending

Thanks a lot for your clarification! I appreciate.

[waitingGC]

How many months in advance can I apply for a new travel document? Mine is expiring in June. Thank you.

Given that is taking up to 10,5 months to get a RTD issued and most countries require 3 to 6 months validity on a document that is good for only one year, I would suggest to request a new RTD as soon as you get one, Yes, it sounds ridiculous but we have no other option!