Rick

I have a problem applying for USA citizenship because apparently I don't
meet the continuous residence requirements. In short...

I was married (and still am) to a US citizen in the year 2000 and almost
immediately received my 2-year green card, having entered the country on a
K1 visa. However, in 2002 when the green card came up for renewal (to a
10-year one), the INS was so swamped that I ended up waiting 3 years. For
each of those years I got a stamp in my passport saying: "Processed for
I-551 temporary evidence of lawful admission for permanent residence. Valid
until [1 year later] Employment authorized. I-751 pending". In April 2005 I
eventually received my 10-year green card.

Now, according to USCIS, I do not currently meet either of the following
requirements for citizenship: was a lawful permanent resident and married to
a US citizen for a period of 2 years and 9 months, or was a lawful permanent
resident not married to a US citizen for 4 years and 9 months.

Is this correct? Do I have to wait until I have my current green card for 2
years and 9 months before I can apply? I was under the impression I was a
lawful permanent resident since 2000.

Joe Feise

Rick wrote on 10/09/07 23:05:

>
> Now, according to USCIS, I do not currently meet either of the following
> requirements for citizenship: was a lawful permanent resident and married to
> a US citizen for a period of 2 years and 9 months, or was a lawful permanent
> resident not married to a US citizen for 4 years and 9 months.
>
> Is this correct?


No. You have misunderstood what the conditional GC means.
It still is a GC, so you have been a Permanent Resident since you got the 2-year GC.

-Joe

Rick

"Joe Feise (Immigration)" <> wrote in message
news:...
> Rick wrote on 10/09/07 23:05:
>
>>
>> Now, according to USCIS, I do not currently meet either of the following
>> requirements for citizenship: was a lawful permanent resident and married
>> to
>> a US citizen for a period of 2 years and 9 months, or was a lawful
>> permanent
>> resident not married to a US citizen for 4 years and 9 months.
>>
>> Is this correct?
>
>
> No. You have misunderstood what the conditional GC means.
> It still is a GC, so you have been a Permanent Resident since you got the
> 2-year GC.

It's not me that misunderstood. I submitted my N-400 and it was returned
because I did not meet either of the residency requirements. I can only
assume that they looked at the start date on my current 10yr GC, which is
just over 2.5 years ago.

Joe Feise

Rick wrote on 10/09/07 23:45:

> "Joe Feise (Immigration)" <> wrote in message
> news:...
>> Rick wrote on 10/09/07 23:05:
>>
>>> Now, according to USCIS, I do not currently meet either of the following
>>> requirements for citizenship: was a lawful permanent resident and married
>>> to
>>> a US citizen for a period of 2 years and 9 months, or was a lawful
>>> permanent
>>> resident not married to a US citizen for 4 years and 9 months.
>>>
>>> Is this correct?
>>
>> No. You have misunderstood what the conditional GC means.
>> It still is a GC, so you have been a Permanent Resident since you got the
>> 2-year GC.
>
> It's not me that misunderstood. I submitted my N-400 and it was returned
> because I did not meet either of the residency requirements. I can only
> assume that they looked at the start date on my current 10yr GC, which is
> just over 2.5 years ago.
>


Well, then the start date on your GC is wrong. When you got it, the letter
states to check it for errors, and file an I-90 to have them corrected.
In any case, they are not really relying on the date on the GC, anyway. They are
supposed to check the file, which should have the correct date.
You should file a motion to reopen.

-Joe

meauxna

Rick, how did you answer Question 3-C: Date You Became a Permanent Resident (mm/dd/yyyy) ? Get your copy of N-400 out and have a look.

Is the date on your 10-year card correct under 'resident since'?

Do you have other evidence of when your PR was approved? Approval letter, original I-551 stmp in your passport etc?

Rick

"meauxna" <> wrote in message
news:196$110694$778285$...
>
>> "Joe Feise (Immigration)" <> wrote in message
>> news:...
>> > Rick wrote on 10/09/07 23:05:
>> >
>> >>
>> >> Now, according to USCIS, I do not currently meet either of the
>> >> following
>> >> requirements for citizenship: was a lawful permanent resident and
>> >> married
>> >> to
>> >> a US citizen for a period of 2 years and 9 months, or was a lawful
>> >> permanent
>> >> resident not married to a US citizen for 4 years and 9 months.
>> >>
>> >> Is this correct?
>> >
>> >
>> > No. You have misunderstood what the conditional GC means.
>> > It still is a GC, so you have been a Permanent Resident since you
>> > got the
>> > 2-year GC.
>>
>> It's not me that misunderstood. I submitted my N-400 and it was
>> returned
>> because I did not meet either of the residency requirements. I can
>> only
>> assume that they looked at the start date on my current 10yr GC, which
>> is
>> just over 2.5 years ago.
>
> Rick, how did you answer Question 3-C: Date You Became a Permanent
> Resident (mm/dd/yyyy) ? Get your copy of N-400 out and have a look.
>
> Is the date on your 10-year card correct under 'resident since'?
>
> Do you have other evidence of when your PR was approved? Approval
> letter, original I-551 stmp in your passport etc?

My GC "Resident Since" says 2005, which is most likely the root of the
problem. (I have an I-551 stamp on my passport from 2000). I assume they
just looked at the photocopy of my GC rather than referring to my file. The
thing is, the application fee was $400 when I applied in July but is now a
lot more. I'm wondering if I can resubmit my application with the original
fee and explain that it wasn't (entirely) my fault. Something tells me that
they will not be sympathetic to that argument.

Joe Feise

Rick wrote on 10/10/07 19:39:

> "meauxna" <> wrote in message
> news:196$110694$778285$...
>>> "Joe Feise (Immigration)" <> wrote in message
>>> news:...
>>>> Rick wrote on 10/09/07 23:05:
>>>>
>>>>> Now, according to USCIS, I do not currently meet either of the
>>>>> following
>>>>> requirements for citizenship: was a lawful permanent resident and
>>>>> married
>>>>> to
>>>>> a US citizen for a period of 2 years and 9 months, or was a lawful
>>>>> permanent
>>>>> resident not married to a US citizen for 4 years and 9 months.
>>>>>
>>>>> Is this correct?
>>>>
>>>> No. You have misunderstood what the conditional GC means.
>>>> It still is a GC, so you have been a Permanent Resident since you
>>>> got the
>>>> 2-year GC.
>>> It's not me that misunderstood. I submitted my N-400 and it was
>>> returned
>>> because I did not meet either of the residency requirements. I can
>>> only
>>> assume that they looked at the start date on my current 10yr GC, which
>>> is
>>> just over 2.5 years ago.
>> Rick, how did you answer Question 3-C: Date You Became a Permanent
>> Resident (mm/dd/yyyy) ? Get your copy of N-400 out and have a look.
>>
>> Is the date on your 10-year card correct under 'resident since'?
>>
>> Do you have other evidence of when your PR was approved? Approval
>> letter, original I-551 stmp in your passport etc?
>
> My GC "Resident Since" says 2005, which is most likely the root of the
> problem. (I have an I-551 stamp on my passport from 2000). I assume they
> just looked at the photocopy of my GC rather than referring to my file. The
> thing is, the application fee was $400 when I applied in July but is now a
> lot more. I'm wondering if I can resubmit my application with the original
> fee and explain that it wasn't (entirely) my fault. Something tells me that
> they will not be sympathetic to that argument.
>


That's why I suggested a motion to reopen.

-Joe

GCGeezer

On Oct 10, 1:05 am, "Rick" <r...@nosuchplace.com> wrote:
> I have a problem applying for USA citizenship because apparently I don't
> meet the continuous residence requirements. In short...
>
> I was married (and still am) to a US citizen in the year 2000 and almost
> immediately received my 2-year green card, having entered the country on a
> K1 visa. However, in 2002 when the green card came up for renewal (to a
> 10-year one), the INS was so swamped that I ended up waiting 3 years. For
> each of those years I got a stamp in my passport saying: "Processed for
> I-551 temporary evidence of lawful admission for permanent residence. Valid
> until [1 year later] Employment authorized. I-751 pending". In April 2005 I
> eventually received my 10-year green card.
>
> Now, according to USCIS, I do not currently meet either of the following
> requirements for citizenship: was a lawful permanent resident and married to
> a US citizen for a period of 2 years and 9 months, or was a lawful permanent
> resident not married to a US citizen for 4 years and 9 months.
>
> Is this correct? Do I have to wait until I have my current green card for 2
> years and 9 months before I can apply? I was under the impression I was a
> lawful permanent resident since 2000.

you could have applied for naturalization in 2003 even though you were
still "Processed for
I-551 temporary evidence of lawful admission for permanent residence.
Valid
until [1 year later] Employment authorized. I-751 pending"

Rick

"Joe Feise (Immigration)" <> wrote in message
news:...
> Rick wrote on 10/10/07 19:39:
>
>> "meauxna" <> wrote in message
>> news:196$110694$778285$...
>>>> "Joe Feise (Immigration)" <> wrote in message
>>>> news:...
>>>>> Rick wrote on 10/09/07 23:05:
>>>>>
>>>>>> Now, according to USCIS, I do not currently meet either of the
>>>>>> following
>>>>>> requirements for citizenship: was a lawful permanent resident and
>>>>>> married
>>>>>> to
>>>>>> a US citizen for a period of 2 years and 9 months, or was a lawful
>>>>>> permanent
>>>>>> resident not married to a US citizen for 4 years and 9 months.
>>>>>>
>>>>>> Is this correct?
>>>>>
>>>>> No. You have misunderstood what the conditional GC means.
>>>>> It still is a GC, so you have been a Permanent Resident since you
>>>>> got the
>>>>> 2-year GC.
>>>> It's not me that misunderstood. I submitted my N-400 and it was
>>>> returned
>>>> because I did not meet either of the residency requirements. I can
>>>> only
>>>> assume that they looked at the start date on my current 10yr GC, which
>>>> is
>>>> just over 2.5 years ago.
>>> Rick, how did you answer Question 3-C: Date You Became a Permanent
>>> Resident (mm/dd/yyyy) ? Get your copy of N-400 out and have a look.
>>>
>>> Is the date on your 10-year card correct under 'resident since'?
>>>
>>> Do you have other evidence of when your PR was approved? Approval
>>> letter, original I-551 stmp in your passport etc?
>>
>> My GC "Resident Since" says 2005, which is most likely the root of the
>> problem. (I have an I-551 stamp on my passport from 2000). I assume they
>> just looked at the photocopy of my GC rather than referring to my file.
>> The
>> thing is, the application fee was $400 when I applied in July but is now
>> a
>> lot more. I'm wondering if I can resubmit my application with the
>> original
>> fee and explain that it wasn't (entirely) my fault. Something tells me
>> that
>> they will not be sympathetic to that argument.
>>
>
> That's why I suggested a motion to reopen.

How might i do that... just resubmit suggesting that they reopen my
submission?