Asylum Based i-485

[lummori]

Hi Everyone,

This forum and your messages has been so helpful while I'm anxiously waiting for my GC, I finally received it today ???????? I hope all of those who've been waiting will get their cards soon. I don't know the exact dates now, but I'll share my timeline soon.

My question is, in I-797 Approval notice, the notice date is 04/29/2022.

However, in my GC in the residence since field it shows 08/2020. I've heard that they generally roll the date back one year from the approval date. But mine is more than a year.

My Asylum approval date was 08/2019, so I think they just added one year to that date.

My question is; can I apply for the citizenship in 08/2024? (Thinking they allow me to apply in 4 years after I got my Green Card, so 2020-1+5=2024)

Thank you in advance for your answers.

[Jimmyin]

Hi Everyone,

This forum and your messages has been so helpful while I'm anxiously waiting for my GC, I finally received it today ???????? I hope all of those who've been waiting will get their cards soon. I don't know the exact dates now, but I'll share my timeline soon.

My question is, in I-797 Approval notice, the notice date is 04/29/2022.

However, in my GC in the residence since field it shows 08/2020. I've heard that they generally roll the date back one year from the approval date. But mine is more than a year.

My Asylum approval date was 08/2019, so I think they just added one year to that date.

My question is; can I apply for the citizenship in 08/2024? (Thinking they allow me to apply in 4 years after I got my Green Card, so 2020-1+5=2024)

Thank you in advance for your answers.

Did you submit the i-485 application in 08/2020?

[waitingGC]

I have a question: I now have my green card and refugee travel document (RTD) valid and I am thinking about travelling to Germany and the Netherlands using the RTD (my home country is neither one and not even close to Europe).

But I am anticipating that in the near future I will need to travel using my national passport instead of RTD because the RTD is valid only for one year and takes now almost one year to get approved. Other than the controversial effects of using the national passport for naturalization purposes, is switching from RTD to national passport an issue if you want to go back to the same third country (for example if I return to Germany in the near future using my passport instead of the RTD).

Does anyone have experience entering the same third country with the RTD and the national passport in two different trips? Thanks

[flando]

I have a question: I now have my green card and refugee travel document (RTD) valid and I am thinking about travelling to Germany and the Netherlands using the RTD (my home country is neither one and not even close to Europe).

But I am anticipating that in the near future I will need to travel using my national passport instead of RTD because the RTD is valid only for one year and takes now almost one year to get approved. Other than the controversial effects of using the national passport for naturalization purposes, is switching from RTD to national passport an issue if you want to go back to the same third country (for example if I return to Germany in the near future using my passport instead of the RTD).

Does anyone have experience entering the same third country with the RTD and the national passport in two different trips? Thanks

It makes no difference whatsoever. They couldn't care less about what travel doc you used as long as you meet the specific visa and entry requirements.

Also I have talked about multiple times, there is NO "Controversy" about using your passport after getting the LPR status.

The case law specifically said you can travel use your passport. You will face ZERO problems using it for 3rd country.

It's ridiculous people still think otherwise.

[flando]

Hi Everyone,

This forum and your messages has been so helpful while I'm anxiously waiting for my GC, I finally received it today ???????? I hope all of those who've been waiting will get their cards soon. I don't know the exact dates now, but I'll share my timeline soon.

My question is, in I-797 Approval notice, the notice date is 04/29/2022.

However, in my GC in the residence since field it shows 08/2020. I've heard that they generally roll the date back one year from the approval date. But mine is more than a year.

My Asylum approval date was 08/2019, so I think they just added one year to that date.

My question is; can I apply for the citizenship in 08/2024? (Thinking they allow me to apply in 4 years after I got my Green Card, so 2020-1+5=2024)

Thank you in advance for your answers.

This seems to be a USCIS mistake.

You are not eligible to apply citizenship until your correct residence since date + 5 years.

Of course, you can try early, but there is a high chance the officer will spot the mistake and deny your application.

But regardless, your calculation is incorrect. Unless you have married to USC or in the army, you can only file after 5 years (or more precisely you can file 90 days before you 5 year date) since your residence anniversary (i.e. 08/2025). There is no minus one. The correct data should have been deducted when they adjudicate your application.

Your correct residence since date is 04/2021, not 08/2020.

Like I said, you +5 on tope of the date. Considering it's not a huge difference, I would recommend that you wait until the correct date to avoid the unnecessary denials and delays and waste of your money if they spotted the mistake.

[Loveusa99]

Hi anybody get transfered case/ approval from USCIS queens Field office NY?

please share your timeline
thank you

[waitingGC]

It makes no difference whatsoever. They couldn't care less about what travel doc you used as long as you meet the specific visa and entry requirements.

Also I have talked about multiple times, there is NO "Controversy" about using your passport after getting the LPR status.

The case law specifically said you can travel use your passport. You will face ZERO problems using it for 3rd country.

It's ridiculous people still think otherwise.

Thanks for the input flando. This is a gray area and even attorneys do not agree with some saying that it is okay for a LPR with a green card based on asylum to travel to third countries on their national passport while others are totally discouraging. I have been looking for an official answer for this question for months and found none so far. And neither do I think I will find. And now the question is even more relevant since applying for a RTD became a nightmare with those long waiting times and short validity.

Officially, I found two sources and both only mention the travel to the home country (COP) and the renewal of passport as being red flags since they can indicate a potential reavailaliment of the former asylee to his COP. Those are the form I-131 instructions and the USCIS officer adjudication manual for form I-131 which are both available online. And they both have no mention whatsoever to the fact of an LPR based on asylum being not supposed to travel with a valid passport from the home country (COP) to a third country. But again, they do mention the renewal of the passport and travel to the home country (COP) as being red flags.

Personally, I remember the day I picked up my asylum decision in the asylum office when the officer was describing all my rights and responsibilities upon receiving a grant of asylum. He mentioned that upon becoming an LPR, I could use my passport (which he was holding in his hands) and green card to travel abroad. He freely gave that information, I did not ask anything, just listened!

I think (not legal advice) that if you want to act with an abundance of caution, it is better to use the RTD or the re-entry permit. On another hand, I doubt there was a single person denied re-entry to the US and/or citizenship solely because they used their national passport to travel to a third country (not the COP).

[flando]

Thanks for the input flando. This is a gray area and even attorneys do not agree with some saying that it is okay for a LPR with a green card based on asylum to travel to third countries on their national passport while others are totally discouraging. I have been looking for an official answer for this question for months and found none so far. And neither do I think I will find. And now the question is even more relevant since applying for a RTD became a nightmare with those long waiting times and short validity.

Officially, I found two sources and both only mention the travel to the home country (COP) and the renewal of passport as being red flags since they can indicate a potential reavailaliment of the former asylee to his COP. Those are the form I-131 instructions and the USCIS officer adjudication manual for form I-131 which are both available online. And they both have no mention whatsoever to the fact of an LPR based on asylum being not supposed to travel with a valid passport from the home country (COP) to a third country. But again, they do mention the renewal of the passport and travel to the home country (COP) as being red flags.

Personally, I remember the day I picked up my asylum decision in the asylum office when the officer was describing all my rights and responsibilities upon receiving a grant of asylum. He mentioned that upon becoming an LPR, I could use my passport (which he was holding in his hands) and green card to travel abroad. He freely gave that information, I did not ask anything, just listened!

I think (not legal advice) that if you want to act with an abundance of caution, it is better to use the RTD or the re-entry permit. On another hand, I doubt there was a single person denied re-entry to the US and/or citizenship solely because they used their national passport to travel to a third country (not the COP).

Come on dude. You cannot be serious.

We live in a county of rule of law. You tell me which law said LPR based on asylum cannot use their passport????? Which law??????

Like I said, there is no dispute.

Any lawyer said otherwise is incompetent.

There is clear case law that is binding to USCIS that says you can travel with your passport.

I have said multiple times.

Please read this opinion from BIA. Look at page 77

https://www.justice.gov/eoir/page/file/986401/download

"an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.”"

What's amazing about this opinion is that it not only said you can travel using your passport, it also said that your asylum status is terminated when you become LPR. that means you don't have to be a refugee anymore, and any termination ground (i.e. using your home country passport) is gone.

[Asylee0220]

congratulation. Yours were very fast. When you applied for the green card did you add your sealed envelope for the medical exam too?

Hi guys!
i think I will receive my green card soon
When I checked the Uscis today it posted “ card was mailed to me”!
my timeline
2020 March interview for an asylum
2020 May white card
2021 May applied for a I-485 green card
2022- May 6th a new card was mailed to me!
i have been following this website for like a year and now I am finally relieved!
Hope everybody will get their green cards really fast because I noticed here that most people’s cases started moving!
Also my case starts with MSC I think it’s Missouri I don’t know ????♂️
good luck everybody!

[asylumvn]

Hi guys!
i think I will receive my green card soon
When I checked the Uscis today it posted “ card was mailed to me”!
my timeline
2020 March interview for an asylum
2020 May white card
2021 May applied for a I-485 green card
2022- May 6th a new card was mailed to me!
i have been following this website for like a year and now I am finally relieved!
Hope everybody will get their green cards really fast because I noticed here that most people’s cases started moving!
Also my case starts with MSC I think it’s Missouri I don’t know ????♂️
good luck everybody!

I filed in Oct 2020, 7 months before you and still waiting. So sad for me but congrats to you.

[araidos]

Im really sorry and i think it’s crazy and annoying that uscis officers are very slow, because i know a few people who applied for an asylum in 2015 and are still waiting for their interviews.

[flando]

Im really sorry and i think it’s crazy and annoying that uscis officers are very slow, because i know a few people who applied for an asylum in 2015 and are still waiting for their interviews.

I have to correct you here.

As matter of fact, asylum officers are one of the fastest within USCIS, considering the complexity of the cases involving both legal issues as well as the emotion part where the officer needs to elicit testimony from the applicants.

The only reason it's slow is because of the amount of applicants.

As a free service all other fee-paying applicants have to support, there are only limited amount of resources available and it simply cannot catch up with the increased case load.

The protection build in for asylum seeks ironically slows down the processing.

[araidos]

I agree with you on that and there are too many people applying for refugee, but maybe then uscis needs to do something about it? Maybe like hire more people since there are too many people waiting, and as for it’s free I totally understand if they start requesting like $500 per person if it makes the process faster

[araidos]

I meant hiring more officers

[flando]

I agree with you on that and there are too many people applying for refugee, but maybe then uscis needs to do something about it? Maybe like hire more people since there are too many people waiting, and as for it’s free I totally understand if they start requesting like $500 per person if it makes the process faster

Those officers are not free.

and you don't pay even a penny to apply for asylum.

and those officers go to the borders to conduct reasonable fear interviews too.

USCIS is an agency that is fee-funded by the rest of the applicants.

they don't have unlimited amount of money to spend on resources that brings zero revenue.

If you want change, propose they charge the full fee for asylum claim, most likely in the range of $2000-3000.

I would support a premium processing of charging $3500 to have your asylum case interviewed within 30 days.