BACKGROUND: My husband entered the U.S. in December 2001 as a Public
Interest Parolee (Lautenberg Amendment, Public Law 101-167) and
adjusted his status to LPR in April 2004.
We were told that he is eligible to apply for naturalization 5 years
after his date of entry, not the date of the adjustment of status. I
saw several websites quoting this eligibility:
"Naturalization:
Parolees are eligible to apply for citizenship five years from the
date they entered the United States as parolees, provided they have
since adjusted status to a lawful permanent resident."
http://www.hias.org/Immigration/Imm_Brochures/parole_bw.pdf (page 3)
http://www.youradwokat.com/immigration/parole.html (last paragraph)
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web543.pdf (page 3)
What worries me is that very few immigration attorneys and none of the
customer service reps at USCIS are aware of this arrangement and
believe my husband can be naturalized 5 years after his entry.
We are planning to submit my husband's application for naturalization
in September next year and would like to add backup info in order for
the application not to be denied.
THE QUESTION: Can you provide a link to or an abstract from a specific
Immigration Law that outlines my husband's eligibility as a Public
Interest Parolee to apply for U.S. citizenship 5 years after his entry
to the US?
Thanks a lot in advance! |
Request for Question Clarification by
hummer-ga
on
23 Oct 2005 10:37 PDT
Hi tushkanchik,
The residency requirement is going to be determined by the date on the
LPR card and not by the date of entry. If there is a loophole
(perhaps associated with the Laughtenberg Amendment), there's no
reference to it on the USCIS website or other reliable source that I
could find.
Adjustment to Immigrant Status
"Procedure allowing certain aliens already in the United States to
apply for immigrant status. Aliens admitted to the United States in a
nonimmigrant, refugee, or parolee category may have their status
changed to that of lawful permanent resident if they are eligible to
receive an immigrant visa and one is immediately available. In such
cases, the alien is counted as an immigrant as of the date of
adjustment, even though the alien may have been in the United States
for an extended period of time."
http://uscis.gov/graphics/glossary.htm
That's the bad news. The good news is (assuming you are a U.S.
citizen), your husband does not have to wait until April 2009 (5
years) to apply for naturalization but rather he will be eligible in
april 2007 (3 years) as the spouse of a U.S. citizen.
Naturalization Requirement Guide
Spouses of U.S. Citizens
Generally, certain lawful permanent residents married to a U.S.
citizen may file for naturalization after residing continuously in the
United States for three years if immediately preceding the filing of
the application:
* the applicant has been married to and living in a valid marital
union with the same U.S. citizen spouse for all three years;
* the U.S. spouse has been a citizen for all three years and meets
all physical presence and residence requirements; and
*the applicant meets all other naturalization requirements.
http://uscis.gov/graphics/services/natz/natzinfo.doc
The Eligibility Worksheet will help you decide if you are eligible to
apply for naturalization
http://uscis.gov/graphics/services/natz/wsinstruct.htm
Guide to Naturalization
http://uscis.gov/graphics/services/natz/English.pdf
I'll leave your question open in the hopes someone else will have
better news. Something to keep in mind is it's always easier to prove
something that does exist rather than something that doesn't. If you
find my information helpful, I'd be happy to post it as an answer.
Regards,
hummer
|
Request for Question Clarification by
hummer-ga
on
24 Oct 2005 06:46 PDT
Hi tushkanchik
Starting at Chapter 2, Act 310 at the following link (click on ACT
310), you can go through the list of regulations regarding
naturalization by clicking on "Go to the Next Page >>>" at the bottom
of each page. I'm sorry, but I've not been able to find anything that
may even hint at the possibility that your husband's time began on the
date of entry rather than the date of his LPR.
CHAPTER 2 -- NATIONALITY THROUGH NATURALIZATION
ACT 310 Naturalization authority
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22?f=templates&fn=document-frame.htm
INA: ACT 316 - REQUIERMENTS AS TO RESIDENCE, GOOD MORAL CHARACTER,
ATTACHMENT TO THE PRINCIPLES OF THE CONSTITUTION, AND FAVORABLE
DISPOSITION TO THE UNITED STATES
Sec. 316. [8 U.S.C. 1427]
(a) No person, except as otherwise provided in this title, shall be
naturalized, unless such applicant, (1) immediately preceding the date
of filing his application for naturalization has resided continuously,
after being lawfully admitted for permanent residence, within the
United States for at least five years and during the five years
immediately preceding the date of filing his application has been
physically present therein for periods totaling at least half of that
time, ...
http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-22/slb-9226?f=templates&fn=document-frame.htm#slb-act316
Regards,
hummer
|
Clarification of Question by
tushkanchik-ga
on
24 Oct 2005 08:11 PDT
Dear Hummer,
Thanks for your efforts. Unfortunately, I am not a US citizen, and my
hope of getting a green card depends on my husband's ability to
naturalize this year. That's why I am so concerned.
Hopefully, someone out there will be able to find any info pertaining
to the subject.
I keep my fingers crossed.
|
Request for Question Clarification by
hummer-ga
on
24 Oct 2005 09:05 PDT
Thanks for the clarification, tushkanchik. May I ask what your
situation is in regards to immigration? Thanks, hummer
|
Clarification of Question by
tushkanchik-ga
on
24 Oct 2005 11:25 PDT
I am on H1-B visa, which is good until Jan 2009. My husband and I live
in different cities and can't move in together because my town is tiny
and he can't find a job there, and I can't find a new job in his place
because I am 6 months pregnant and very few employers want to deal
with foreign workers. So, I cherish my current job a lot but really
dream of a Green Card, which would make things easier.
|
Request for Question Clarification by
hummer-ga
on
24 Oct 2005 13:12 PDT
Hi again,
You are eligible to apply for a green card through an employment-based
petition. Has your employer filed an I-140 (Petition for Immigrant
Worker) on your behalf yet? If so, then you will be able to submit
your I-485 (Application to Register Permanent Residence or Adjustment
of Status). You may submit your I-485 once the Receipt notice I-797 is
received for the I-140 (the I-797 and the I-485 are submitted
concurrently).
You will not lose your H1B status just because you are pregnant. You
are covered by the FMLA.
Family and Medical Leave Act (FMLA)
Covered employers must grant an eligible employee up to a total of 12
workweeks of unpaid leave during any 12-month period for one or more
of the following reasons:
* for the birth and care of the newborn child of the employee;
http://www.dol.gov/esa/whd/fmla/
Final Regulations on Family and Medical Leave
http://www.opm.gov/oca/fmla/
Does that help?
hummer
|
Clarification of Question by
tushkanchik-ga
on
24 Oct 2005 13:34 PDT
Dear Hummer, you are very resourceful. Unfortunately, my employer
doesn't want to sponsor me for a green card explaining that my job (in
Marketing) is not the type that is easy to get the DOL approval for.
They normally sponsor engineers and researchers but not Marketing
professionals.
I know that FMLA is OK for H1-B and am planning to take that. But
that's only 3 months, after which I need to arrange an upaid leave of
absence, which I am not sure my management will go for.
I feel frustrated because I can't just quit a job and feel a little
bit like a slave.
Sorry for venting, it's my hormones :-)
Thanks again for your concern and suggestions.
|
