am not sure where to post

[demelat 5]

Hello!! Vjs am sorry about my english .. here is my quastion is my fiance got his green card through asylum. On 09/16/10 (resident since ) but his asylum granted on march 2010 .. so my quastion here is there is a 6 month diffrent between z resident date and approval date of z asylum ... i think it should say march 2010 .. n the other quastion is can he apply for citizinship on asylum approve date.. its really hard not to live togethe all those year .. plsss advice us

THANK U

[Penguin_ie 5,984]

**** Moving from K1 to General Immigration as the question is not about the fiance visa itself ******

If his greencard says "resident since.. " then that is the day the go by. I am no expert with asylum case,s but it sounds like they consider him resident fro the day he applied, maybe?

[JimmyHou 610]

Hello!! Vjs am sorry about my english .. here is my quastion is my fiance got his green card through asylum. On 09/16/10 (resident since ) but his asylum granted on march 2010 .. so my quastion here is there is a 6 month diffrent between z resident date and approval date of z asylum ... i think it should say march 2010 .. n the other quastion is can he apply for citizinship on asylum approve date.. its really hard not to live togethe all those year .. plsss advice us

THANK U

I'm sorry, I'm confused by the dates you've posted. Here's how it usually works:

Normally, you have to wait 5 years after getting your green card to apply for citizenship (or 3 years if you are applying based on marriage to a U.S. citizen). But of you are an asylee you can apply up to one year early depending on when you were approved for asylum. You can apply 5 years (or 3 years( from the time your asylum application was approved, not from the time you got your green card.

Asylum seekers can get a green card one year after coming to the US, so in the case of asylum, USCIS backdates the date in the green card to the date asylum is approved.

So if your asylum application is approved on 01-March-2011 and you get your green card on 01-March-2012, uour Resident Since date should be 01-March-2011.

Sometimes they don't print the backdated date on the card, but when you apply for citizenship, you should still be able to apply one year early.

You have to attach a letter of explanation to your application and explain that the date on the green card is wrong.

Here is some advice from an unofficial source:

http://m.nydailynews.com/new-york/bronx/asylum-seekers-naturalize-4-yrs-united-states-article-1.197452

[Follower 0]

Hi Demelat,

Unfortunately, it doesn't matter when the asylum was granted. Sometimes it takes a while for an asylee to get a green card after being approved with asylum. In your case,if your fiance's green card shows resident since 9/16/10, he will be able to apply for citizenship by 9/16/15. But the immigration office allows/ accepts applications starting 4 yrs and 9 months, because the application itself takes 3 months and by the time it's all done, it will be 5 yrs. i.e., your fiance can start/ send the application form by mid June - 06/16/15.

Hope this helps and good luck.

[JimmyHou 610]

Hi Demelat,

Unfortunately, it doesn't matter when the asylum was granted. Sometimes it takes a while for an asylee to get a green card after being approved with asylum. In your case,if your fiance's green card shows resident since 9/16/10, he will be able to apply for citizenship by 9/16/15. But the immigration office allows/ accepts applications starting 4 yrs and 9 months, because the application itself takes 3 months and by the time it's all done, it will be 5 yrs. i.e., your fiance can start/ send the application form by mid June - 06/16/15.

Hope this helps and good luck.

Actually,t his is not accurate... applicants who got their green cards through asylum are a special case and have the right to have their green cards backdated by one-year. This enables them to apply 3 years and 9 months (not 4 years and 9 months) after they get their physical green card. Sometimes USCIS messes up and does not print the backdated date on the card. Ideally, the applicant can ask that USCIS fix this for free, but it has to be soon after getting the card. However, if you look at the link I sent above, they still have to accept your application one year early even if they printed the wrong date on your card.

[demelat 5]

Ohh thank u so much