Please help..Question about I-130 at NSC and DCF

[Revolution 0]

Sorry to correct you but the residency starts the day you enter the USA. Total time counts, not just the time after you get your gc.

This is what it says on my GC: resident since 05/03/01. It's not a mistake or a typo because I am not a single case. There are tens of thousands of Bosnians in USA and everyone I know was able to apply after 4 years and 9 months of physical presence in the US.

Even if you are a refugee you are technically a resident. Not a "permament resident" or a GC holder but if you live in the US and have I-94 which will never expire and can work then I guess you are a resident.

I know, that is not term used by INS but if you think about it you will see what I mean.

It also doesnt say anywhere "you have to be a "permament"resident for 5 years to become a citizen" but: "after 5 years of residency, one can become a citizen", and since I have been phisycally present for five years and resided here I am good to go.

I don't know, it may had been a diff. program for Bosnian refugees...

[jula 0]

One goes by the date on GC. For the most people, that's the day of the interview for AOS, when they are approved.

I am glad I was wrong on this one.

Good luck.

[jula 0]

I wish you speedy and trouble free rest of the process. It is about time that your spouse joins you. I am sure you'll find the best way to do it.

[meauxna 15]

Sorry to correct you but the residency starts the day you enter the USA. Total time counts, not just the time after you get your gc.

This is what it says on my GC: resident since 05/03/01. It's not a mistake or a typo because I am not a single case. There are tens of thousands of Bosnians in USA and everyone I know was able to apply after 4 years and 9 months of physical presence in the US.

Even if you are a refugee you are technically a resident. Not a "permament resident" or a GC holder but if you live in the US and have I-94 which will never expire and can work then I guess you are a resident.

I know, that is not term used by INS but if you think about it you will see what I mean.

It also doesnt say anywhere "you have to be a "permament"resident for 5 years to become a citizen" but: "after 5 years of residency, one can become a citizen", and since I have been phisycally present for five years and resided here I am good to go.

I don't know, it may had been a diff. program for Bosnian refugees...

I haven't looked up anything specific to refugees, but I think this defines what type of 'resident' you must be to apply and when permanent residency begins. It is not sufficient to just live in the US, and it does say that you have to be a permanent resident for 5 years to become a citizen.

http://www.uscis.gov/graphics/services/natz/general.htm

General Naturalization Requirements

Residency

An applicant must have been lawfully admitted to the United States for permanent residence. Lawfully admitted for permanent residence means having been legally accorded the privilege of residing permanently in the United States as an immigrant in accordance with the immigration laws. Individuals who have been lawfully admitted as permanent residents will be asked to produce an I-551, Alien Registration Receipt Card, as proof of their status.

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

[Revolution 0]

I wish you speedy and trouble free rest of the process. It is about time that your spouse joins you. I am sure you'll find the best way to do it.

Thank you