The final step in the asylum journey is U.S. citizenship. When an asylee applies for citizenship, there are some unique issues to be aware of, and we’ll discuss those here.
First, let’s talk about the time frame. If you are a regular reader of this blog, you probably already know that the wait time for an asylum case is unpredictable. Some (lucky few) people file a case and complete it within a few months, but the large majority of asylum applicants wait years for a decision. If you win your asylum case at the Asylum Office or in Immigration Court, you have asylum status, and are eligible to file for your Green Card after one year of physical presence in the U.S. This means that if you leave the United States during this period, you have to wait additional time to apply for the Green Card. For example, if you leave the country for two weeks, you have to wait one year and two weeks from the date you received asylum before you are eligible to apply for a Green Card.
The time frame to process a Green Card is also unpredictable. If you check the USCIS processing times, you will see that wait times range from under one year to over 3½ years. In my practice, most asylees seem to get their Green Cards in one or two years. When an asylee receives a Green Card, the card is back-dated one year. Meaning, if you receive your Green Card on December 1, 2020, the card will indicate that you have been a lawful permanent resident (a Green Card holder) since December 1, 2019. Most people will be eligible to file for citizenship five years after the date listed on the Green Card (so in this example, December 1, 2024). And in fact, you are allowed to mail the citizenship form (the N-400) up to 90 days before the five-year anniversary (in our example, this would be about September 2, 2024). That said, if you leave the United States for significant periods of time, or for any one trip of six months or more, or if you’ve recently moved to a new state, you might have to wait longer than five years to apply for citizenship.
Processing times for the N-400 are also all over the map, but most offices seem to complete their cases between six months and two years after filing. So overall, from filing for asylum to becoming a U.S. citizen, most applicants are looking at a wait time of between eight and 13 years.
Now let’s talk about some of the challenges asylum seekers face on the path to becoming U.S. citizens.
First is the Green Card form, the I-485, itself. The problem here is that this form contains dozens of questions, many of which are quite confusing. Mistakes on this form can lead to issues during the naturalization process. I’ve written previously about some of the pitfalls on the I-485. The problem is compounded by the fact that most principal asylees are not interviewed during the Green Card process, and so a USCIS officer never asks you to clarify or correct your answers on the I-485 (dependent asylees are supposed to all be interviewed during the Green Card process, but this does not always happen). Thus, if you make a mistake on the I-485, or if your answers between the I-589 (the asylum form) and the I-485 are inconsistent, this could cause problems at the naturalization stage, and could even cause USCIS to deny your application for citizenship.
The best way to protect yourself here is to make sure that the I-485, the I-589, and any other forms or visa applications you submitted are consistent–in terms of addresses, jobs, family members, membership in organizations, arrests (including political arrests), lies to the U.S. government (including when you applied for a visa), etc. If there are inconsistencies, you should explain those on the I-485 supplement page or in the cover letter. Also, make sure to keep a copy of all the forms and documents you submit to USCIS, so you will have those when you prepare for naturalization. If you do not have copies of your forms and documents, you can obtain them from the government through a Freedom of Information Act request.
A second challenge is the N-400, the naturalization form. This form also contains dozens of confusing questions, and the answers must be consistent with the answers you gave on your prior applications (forms I-589 and I-485). If not, you should explain the inconsistencies. During the naturalization process, USCIS looks closely at your entire history, and so issues that may have been overlooked during the I-485 process (where most people do not receive an interview) often come to light after the N-400 is filed.
One question that sometimes causes problems on the N-400 is whether you have ever given false or misleading information to the U.S. government. Say, for example, you listed your membership in a church on your I-589, but forgot to list that membership on the I-485. USCIS could–and I have seen this–accuse you of lying on the forms, since there is an inconsistency between the I-589 and the I-485, and you failed to mention this “misrepresentation” in response to the question on form N-400. The best way to avoid a problem is to be sure that all your forms are consistent, but if you do make a mistake, you can explain what happened and hopefully overcome the problem (in my experience, when you explain the inconsistencies, USCIS will generally approve the application).
Another challenge is the naturalization interview. Sometimes, asylees are asked about their asylum case during this interview. Of course, by the time you naturalize, many years may have passed since the events of your asylum case, and so you may not remember all the details. For this reason, it is a good idea to review your asylum case prior to the naturalization interview. Also, if you are asked a question and do not remember the answer, it is better to say that you do not know, rather than to guess and risk making an inconsistent statement. For the most part, officers rarely ask detailed questions about the old asylum case, but they could, and so you should prepare accordingly.
Finally, if the N-400 is approved, you will be scheduled for an oath ceremony and sworn in as a United States citizen. The whole affair is a long and often stressful process, but once the asylum case is approved, there is far less uncertainty and it is mainly a question of navigating the bureaucracy. If you keep copies of all your forms and documents, and you are careful that each application is consistent with prior applications, you should have little trouble moving through the process and–finally–becoming a U.S. citizen.
Hi Jason
Today I received my asylum based green card after over 6 years waiting since I granted asylum. The residence date is not backdated and it’s the same as the date approval of green card. What’s the best way to fix this mistake ?
Thanks
To be honest, when I have seen this for a few clients, I did not bother to fix it, as it seemed too much trouble. If you want to try, I think you have to mail the original card back to USCIS (see the drop down menu here: https://www.uscis.gov/tools/uscis-tools-and-resources/information-about-your-immigration-document/updating-or-correcting-your-documents). Given all their screw ups, I would be very hesitant to send in the original card and ask them to fix it, but that is up to you. I guess you could also try applying a year early for citizenship and explain that USCIS erroneously failed to back-date your card, and that you should be eligible a year early. Again, though, given USCIS’s normal problems, I would be afraid that they would just take your money and deny the application as filed too early. In short, this is a problem and it is completely their fault, but whether it is worth the effort and risk to correct it, that is up to you. Take care, Jason
Most of the 21 million people claiming asylum are not real asylum seekers but rather grifters which just want to be here! As such we should send you all back and start over!
I am not sure where you get your info, as I work with asylum seekers and most have very legitimate claims. Also, there are maybe 2 million asylum seekers in the affirmative system and maybe another 2 million in the defensive system, so it is not close to 21 million, though it is a lot of people. Take care,Jason
Hello Jason,
My asylum based green card residence date: October.19th. 2022 and granted asylum date was December.2nd.2021. Earliest date fill N400 form will be July.2027 based on date of residence. My wife and 2 kids I-730 case was approved and ready for visa interview at US consulate. Unfortunately, home country did not issue passport to my family until now and they are unable to take visa interview without passport. Most likely, they will issue passport to my family after i will be a US citizens. Is there any exceptions apply for Naturalization before 5 years residence under certain circumstance? Thank you so much for your service !!!!
If you got the GC based on asylum, there is no way to file earlier for citizenship. Since the I-730 is approved (and assuming they are still valid – and I am not sure about that given how much time has passed since you got asylum), you may want to wait to apply for citizenship until they come to the US and get their own green cards. Alternatively, once you are a citizen, you can file I-130 petitions for each person to bring them here based on your status as a US citizen, but that may take longer. I guess it will depend on when/whether they can get passports. Also, you may want to check the I-730 instructions or talk to a lawyer to see whether there is a way for them to come to the US based on the I-730 petitions even if they do not have passports. I have never done that and am not sure, but it may be worth looking into. Take care, Jason
I was granted asylum on December 2021, I-730 case was approved on May 2023 and ready to took interview on December 2023. I do not know, how long approved I-730 case is valid and hold at US consulate.Couple month ago, I applied I-130 for my kids and wife if it will help in future. Can I apply for Citizenship before their green card case approval if they come to the US and apply GC? Thank You
If they come to the US based on the I-130 petitions, it will not make any difference whether you are a US citizen. However, if they come here based on the I-730 petitions, and if you become a US citizen before they get their green cards, it will make the process for them to get green cards much slower. In short, they will lose the ability to get a GC unless they first file a “nunc pro tunc” asylum application. This is a formality that gives them asylum automatically by virtue of their relationship to you. But it can take a few years. Once that is done, they can finally get GCs. If you do not get citizenship until after they have their own GCs, it will avoid this problem. Take care, Jason
Hi Jason
Today I received my asylum based green card after over 6 years waiting since I granted asylum. The residence date is not backdated and it’s the same as the date approval of green card. What’s the best way to fix this mistake ?
Thanks
To be honest, when I have seen this for a few clients, I did not bother to fix it, as it seemed too much trouble. If you want to try, I think you have to mail the original card back to USCIS (see the drop down menu here: https://www.uscis.gov/tools/uscis-tools-and-resources/information-about-your-immigration-document/updating-or-correcting-your-documents). Given all their screw ups, I would be very hesitant to send in the original card and ask them to fix it, but that is up to you. I guess you could also try applying a year early for citizenship and explain that USCIS erroneously failed to back-date your card, and that you should be eligible a year early. Again, though, given USCIS’s normal problems, I would be afraid that they would just take your money and deny the application as filed too early. In short, this is a problem and it is completely their fault, but whether it is worth the effort and risk to correct it, that is up to you. Take care, Jason
Hello , I am With my family came to USA on April 2019 and our asylum was granted in February,4 2020 and we received our green card on January 2023 , when should we apply for Naturalization?
Thank you
Look at the date on the card and you can apply 4 years and 9 months after that date. Your GCs should have been back-dated to January 2022, and if that is correct, you should be able to file to naturalize in about November 2026, assuming you meet all other requirements. Take care, Jason
Hi Jason
I am about to file for N-400, I read the instructions for documents to submit with your Form N-400, but since I am single and never married it seems none of the required documents applied to me except to submit my green card. my question is shall I submit my passport and travel documents with the history of my trips also, or should I bring them to the interview only.?
Thank you and happy holiday
list of documents to submit with your Form N-400.
1. Photographs. Only applicants who reside overseas must provide two identical color photographs.
2. Photocopy of Permanent Resident Card.
3. Photocopy of your Current Legal Marital Status Document. Provide a photocopy of your current marriage
certificate, divorce, annulment decree, or death certificate of your former spouse.
a list of documents to bring with you to your Form N-400 interview.
1. Permanent Resident Card.
2. State-issued identification. Bring a valid State-issued identification, such as a driver’s license.
3. Passports and Travel Documents. Bring valid and expired passports, as well as any travel documents issued by USCIS.
4. Tax Returns and Overdue Taxes. Bring photocopies of income tax returns that you filed with the IRS for the
past 5 years
We do not submit tax documents or proof of travel, but we do submit a copy of the passport, birth certificate, Green Card, I-94, and asylum approval (if that was how you got the GC). If you were never married, you don’t have to worry about those documents. You also need the fee and passport photos, and if you had any criminal issues or immigration problems, evidence about that. Take care, Jason
I applied for i485 based on asylum and it was approved without interview, my background is clear no criminal record, but i did mistake on the form by answering one of the yes and no questions wrong . The question is have you ever lied about any information, and i lied on the f1 visa and said i wanna go to america to study but i actually want to apply for asylum, but i told the truth to the officer at the asylum interview and my asylum was approved . but I answered the question wrong on i485 and it was approved already and i got my green card and i discovered it later that I answered no by mistake , so when the time come for n400 , i have to fix my prior mistake but my concern is they will understand that it was an honest mistake and im trying to fix it now or i will stuck with this mistake forever ? im feeling so depressed now . Thanks in advance
These types of problems are common, as the I-485 has too many questions and they are confusing. Plus, it is difficult to check “no” for almost every box and then check “yes” for one box. I think USCIS will know about this, as they look closely at the whole file for an N-400 case and so I think it is better to explain the mistake in a cover letter (basically, as you did above) and apologize. You can also mention that you told the officer about this issue at the asylum interview, but you mistakenly missed that question on the I-485. I think there is a similar question on the N-400, and if so, you should check “yes” if that is the correct answer and provide the explanation in relation to that question. If you are not sure how to proceed, talk to a lawyer about the specifics and about how best to approach this issue, but I have seen similar problems before, and when the person explains and apologizes, it has worked out fine for everyone so far. Take care, Jason
Hello Jason,
Thank you for all you do I found lots of useful information here! I have a question regarding required documents for citizenship interview, soon I will be eligible to apply for citizenship and I lost my passport (also my passport expired before my application for asylum was approved so I haven’t use my passport since I entered USA) all the time I’ve traveled with only refugee travel documents, do you think I will have issues not having my expired passport for the citizenship interview or my travel documents will be ok to show all my travel records. I have state issued ID, green card and all travel documents. Thank you !
I think it should be ok, though it will be helpful if you have a copy of your passport that you can submit. If you have any evidence that the passport was lost (such as a police report), you can include that as well, to show why you do not have the passport. I would include copies of the travel documents and bring all those to the naturalization interview, when the time comes. Take care, Jason
Thank you for your help! I do have copy of my passport but no report that I lost it
Hi Jason,
Thank you so much for your help. I have 3 direct questions.
1- is there a way to apply 4 years + 9 months after the approval date instead of the residence date on GC especially if there is almost a one-year delay between both dates from the USCIS side, not the applicant?
2- I am planning to apply in a couple of months and I moved to another state 2 years ago. Now I am planning to move to a third state that is happening before I apply for naturalization. Do you think I should’ve informed the USCIS about all these moves or I can just mention them on my citizenship application besides my home state?
3- I will get married to a non-US citizen before applying. She has a visa though. Do you think that would delay my application or affect her visa by any chance?
Again, thanks for your help
1 – There is not. You have to wait 4 years and 9 months from the date on the GC, assuming you are otherwise eligible. 2 – Technically, you are supposed to inform them within 5 or 10 days of the move (until you are a US citizen). It is pretty easy – you can fill form AR-11, available online at http://www.uscis.gov. Just keep the confirmation that you filed. 3 – If she already has a visa, there should be no effect unless the US government suspects that she is coming to the US on a non-immigrant visa with an intent to stay here permanently. So she should have a return ticket and be prepared to explain the purpose of her trip when she arrives at customs. Take care, Jason
Thanks so much Jason. But after how long she can get a permanent lawful residency if I’m adding her to my citizenship application?
You cannot add someone to your citizenship application. If you have a GC, you can file for a spouse, but whether the spouse can get her own GC without leaving the US depends on the facts of the case. If you are a citizen, and you sponsor a spouse, she can probably get a GC without leaving the US, as long as she entered lawfully, but again, it depends on the specific facts. In terms of the time frame, it depends on many factors, but for most cases, it probably takes about one year or a year and a half (some cases where a GC-holder sponsors a spouse may be longer, depending on the country – you can Google “DOS visa bulletin” and see that). Take care, Jason
hi, first, I want to say a big thank you, your blog helped me through my asylum journey. God bless you. So I went for the GC interview and there were no unnecessary questions, now I have my GC but it was not backdated, it’s written march 2022, got approved in 2019. Was this a mistake? Do I need to call them?
It is a mistake. You can call them about this at 800-375-5283. My sense is that this mistake is a pain to correct, and so you might just want to live with it, but it really depends on you. Certainly, it is a mistake and they should fix it. It is also concerning that this same mistake seems to be becoming more and more common. Take care, Jason