public interest parole and applying for citizenship (naturalization) mystery
it has been extremely frustrating trying to unravel this mystery (as
many others that have to do with INS), but here are the facts: 1. parents entered US as public interest (Lautenberg ammendment) parolees. 2. their green cards have the date of green card issue, NOT their entry into the US. 3. they have been in the US for five (5) years since their arrival. 4. the INS N-400 form (http://uscis.gov/graphics/formsfee/forms/n-400.htm), Application for Naturalization, states that one can apply for citizenship/naturalization within 90 days of reaching 5 years of permanent residency. The Guide to Naturalization defines time as permanent resident to begin on the date they were granted their permanent resident status, which is reflected by the date on their green card (which is not retroactive to their arrival date in this case). 5. this news group post from 1998 - http://groups.google.com/groups?selm...1.dejanews.com - although without hard proof - claims that parolees are considered permanent residents as of their green card approval, not their entry date, which also affects their naturalization eligibility. 6. HIAS claims, in their Parole Status brochure (http://www.hias.org/Immigration/Imm_...res/parole.pdf) that "Parolees are eligible to apply for citizeship five years from the date they entered the United States as parolees, provided they have since adjusted status to a lawful permanent resident." Additionally, during my phone conversation with the NY HIAS office, the HIAS worker reiterated the above statement, and encouraged my parents to apply now. She suggested to take their passports that bear entry stamp and date, and use that as proof of residency instead of the green card date. 7. HIAS 120 most commonly asked questions is a column that is published in russian newspapers in the US. during my phone conversation with the NY office, however, the office worker refused to take any responsibility for these columns, so they may or may not be authored by HIAS. in their august issue - http://www.russianday.com/reference/....asp?idref=353 - in question #99 "when can parolees apply for citizenship", they answer that parolees should be able to do that within five years of arrival. they insist that the green card must indicate their arrival date, which is not the case with my parents. finally, as proof, they refer to Title 8, Code of Federal Regulations, Section 245.7(e). 8. The code of federal regulations, available here - http://www.access.gpo.gov/nara/cfr/w...cfr245_03.html (see part 245.7) refers only to those who entered the country between 1988 and 1990! there is no indication anywhere that this provision covers anyone else. 9. INS claims over the phone that they can only apply five years from the date shown on their green card. nobody appears to be able to provide any hard evidence, any legislation or legal document that stipulates rules and regulations applicable in this case. it doesn't surprise me, but i would like to get to the bottom of this. does anyone have any references, able to offer any pointers? thanks, --sasha |
Re: public interest parole and applying for citizenship (naturalization) mystery
Sasha,
I join you in your wonderings. My mother is a Laughtenberg parolee and some time ago she heard on Russian radio or TV that such people should have their permanent residency starte don the day of their arrival. However, I too couldn't find any proof of this. Moreover, I'm quite sure that would this be true, lawyers would be advertising. So, this may be something very specific to Laughtenberg ammendment, or some loophole, but in any case is not a well-known situation. And I have a feeling majority of people at CIS wouldn't know this either. Keep me posted if you find out anything, though. Dmitry |
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