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italicus

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Posts posted by italicus

  1. I was approved on May 4 and received the regular approval notice via regular mail, announcing the removal of conditions. I have never received the actual Green Card. I know that there is some delay.

    On June 20, I checked my status online and it said that the card production was ordered.

    On June 30, the online system showed this new notice:

    ----

    Current Status: Approval notice sent.

    On June 30, 2009, we mailed you a notice that we have approved this CRI89 PETITION TO REMOVE CONDITIONS OF PERMANENT RESIDENT STATUS RECEIVED. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.

    ----

    I am extremely confused. I thought that the May 4 notice had confirmed my removal of conditions. To make things worse, I have my N-400 ready to be mailed and I am know panicking as to whether I should mail it when Removal is not entirely clear. Any advice? Is the online system just completely crazy?

  2. I apologize if this topic has already been discussed.

    As many people whose conditions have been recently removed, I have not yet received the actual 10y. GC. A photocopy of both sides of the GC is required when applying for naturalization.

    What document should I send with the N-400 instead? I think that the following should suffice: 1.copy of expired GC 2. Copy of NOA for extension 3. Copy of approval of removal of conditions 4. Print-out of status update on website, showing that the card production has only been recently ordered (June 21).

    Any suggestion?

  3. Hello Everybody:

    I am a bit confused and I apologize preliminarily if this question it too basic. I have been a PR since the end of Sept 06. I am married and living with U.S. citizen and have continuously lived in the US since. Based on the N-400 instructions, I am eligible to apply at end of September 09 (3 years after being PR)

    However, I have read somewhere on the internet that it is possible to apply for naturalization, starting 3 months prior to the 3rd anniversary of residence. In my case, it would mean 2 years and 9 months beginning at the end of September 06, i.e. end of June 2009. I could not find any rule or FAQ confirming this. Anybody can tell me if it possible to apply after only 2 y. and 9 mo. of PR and point to the relevant rule.

    Thanks

    You don't say when you got married. You can't apply until you've been married to and living with your US Citizen spouse at least three full years. From the sticky at the top of this forum:

    When can I apply, if I got my green card based on marriage?

    Normally, 90 days before you've had your green card for three years, but only if you meet all the other requirements. See the box at the bottom of page 22 of the M-476 for more explanation. The "resident since" date printed on the front of your green card is the date when to start counting, assuming you haven't had broken your period of continuous residence by taking long trips outside the US.

    Note that, to apply based on a marriage, all three of the following must be true simultaneously

    * You must have held a green card and been residing in the US for three years (a 90 day shortcut is allowed on this point ONLY)

    * You must have been married to and living with your US Citizen spouse for a full three years.

    * Your spouse must have been a US Citizen for a full three years.

    Your filing date is determined by the LAST one of the above things to be met. Most VJ'ers will meet the "three years less 90 days with a green card" test last. But VJ'ers who came in on a CR-1 visa and only started to live together on the same day they got their green card may meet the "three full years married to and living with your USC Spouse" test last, since that test doesn't allow a 90 day shortcut.

    The reference is INA 319(a), available on the USCIS website (click on "laws and regulations", look for "Immigration and Nationality Act", and scroll down to INA 319. Or if you prefer more ordinary English, read the same info in the M-476, presented a little less precisely but in a more understandable format. The box at the bottom of page 22 of the M-476 is particularly worth reading.

    If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you

    may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying

    based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you

    have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you

    have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S.

    citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when

    you file your application with USCIS.

    Thanks everybody. After this message, things are again not 100% clear. I pretty much understood most requirements. The only one that was still unclear is whether I could apply in advance of the 3rd year anniversary of becoming a PR.

    Based on the prior answers, it looks like it is possible to apply 90 days in advance of the 3rd year anniversary of becoming a PR. I have been residing in the States for longer than the full three years (not all as PR- previously on H1B). but 3rd anniversary of green card is Sept 26, 09. I should be fine applying about June 29, 2009 or later. Right?

  4. Hello Everybody:

    I am a bit confused and I apologize preliminarily if this question it too basic. I have been a PR since the end of Sept 06. I am married and living with U.S. citizen and have continuously lived in the US since. Based on the N-400 instructions, I am eligible to apply at end of September 09 (3 years after being PR)

    However, I have read somewhere on the internet that it is possible to apply for naturalization, starting 3 months prior to the 3rd anniversary of residence. In my case, it would mean 2 years and 9 months beginning at the end of September 06, i.e. end of June 2009. I could not find any rule or FAQ confirming this. Anybody can tell me if it possible to apply after only 2 y. and 9 mo. of PR and point to the relevant rule.

    Thanks

  5. To all the posters on this thread ... you have such good info to share, it would really be helpful if you would :time:

    Anybody knows if it would be possible to walk-in at the local immigration office and get a stamp? Otherwise, how long does it typically takes for an Infopass appointment? I am sure that these are all basic questions, but I really do not know the answer.

    Filed i-751 on 07/10/08 to VSC

    Transferred to CSC on 02/25/09

    Conditions Removed on 05/04/09

  6. Have you thought about getting a stamp in your passport before traveling to Canada? I am in the same situation, I was approved about 3 weeks ago and still waiting for actual green card. My approval letter says I should not travel outside of the US until I have my new card unless I get my passport stamped.

    You are right. That is probably the better way. I am away on a domestic business trip and would not have time for an Infopass. Where on the approval letter does it say that you are not allowed to travel? I cannot find the exact words.

  7. I understand from a previous post by AntandD that traveling to Canada on an expired GC + approval notice is possible. Yet I would like to hear your comments about my case.

    My wife (U.S. citizen) has already scheduled a trip to Canada for the next weekend. I received the approval notice on May 7 (conditions removed on May 4). However, I have not yet received my ten-year GC. I am concerned with traveling since I have already had a bad experience last January. I was coming back from Europe and was taken for secondary inspection at POE at the Newark airport. I had all papers in hand (Exp. 2y GC + NOA) but no stamp. Very uncomfortable experience. Entry delayed for about an hour, until they could verify my status via other means. More than anything, the bitter feeling that I was untrustworthy. A feeling like: "we do not care what the papers show, we still want to check".

    Anyway, my question is: should I travel to Canada? Is there anything in the law saying that we are allowed to travel while waiting for actual GC? I understand that status-wise I am OK since conditions were removed. Nonetheless, can border officers still deny entry based on not having the proper travel documents? I mean: is it still in their discretion?

    Thank you for taking the time to read and perhaps share your comments.

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