Q & A June 1, 2003

Q & A 1

Hello,

My wife and I have been in this country since the late 1980’s under F-1 status and applied for Green Cards in 10/94. We both were approved for Green Cards on 05/15/00. We received our Green Cards on 07/03/00. Since we got our Green Card, we left the country once for about 10 days in Taiwan.

Question:

I would like to know when we can start applying for citizenship. Thank you.

Mr. Shih

Dear reader:

Individuals in your situation can apply for citizenship five years after being approved for permanent residence. In your case, if the approval date was May 15, 2000, your date of eligibility is May 14, 2005. The delivery date of a green card is not the date of permanent residence. Otherwise the anomalous situation could ensue of an individual not only not being allowed to naturalize on a timely basis--5 years-- but also being further disadvantaged vis-a-vis other applicants if the time for card processing and delivery took a long time, e.g. one individual receiving his/her card within a few weeks of adjustment of status interview or entry with an immigrant visa as opposed to an individual who must wait for a year or more to receive the actual card after the approval. Under current rules, you are allowed to submit your citizenship applications 90 days before the eligibility date. That would be February 2005. Short trips outside the United States do not affect the timing for naturalization.

Copyright © 2003 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.