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  #1 (permalink)  
Old 10-21-2009, 06:31 PM
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Default Citizenship wait time after 140 approval

Taking cue from Pappu's post-how many of us want path to citizen to start from date of 140 approval rather than 485?
Most of us are already in this country for 8-10 yrs. Is there anything we can do collectively to get citizen waiting time to start from 140 approval? That would be a big relief to people who want to naturalize quickly.
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  #2 (permalink)  
Old 10-21-2009, 06:38 PM
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Default

You are aiming for the stars here.

There even might be a case where a guy waits x number of years (5 or 10) after 140 approval and becomes eligible for citizenship, but is still waiting for his green card :-)

It's already been 2.5 years since mine got approved. Maybe i'm half way there.
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  #3 (permalink)  
Old 10-21-2009, 06:46 PM
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Default

Quote:
Originally Posted by vikki76 View Post
Taking cue from Pappu's post-how many of us want path to citizen to start from date of 140 approval rather than 485?
Most of us are already in this country for 8-10 yrs. Is there anything we can do collectively to get citizen waiting time to start from 140 approval? That would be a big relief to people who want to naturalize quickly.
Since we're asking can we ask for it to start from the day we decided to come this country,like when we gave our GRE/GMAT etc.?
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  #4 (permalink)  
Old 10-21-2009, 07:04 PM
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Default

Quote:
Originally Posted by vinzak View Post
Since we're asking can we ask for it to start from the day we decided to come this country,like when we gave our GRE/GMAT etc.?
vinzak- wait till you wait for 10 yrs to stand in GC line- then ask yourself how will you feel waiting for another 5 yrs to get citizenship.
Most of us in this forum came during 1998-1999 and somehow or other missed the boat to get GC in time.
Did you know following rules have been changed in last 10 yrs-
First AC21 Provisions
-H1-B can change job just after filing for receipt (as opposed to waiting for actual approval)
-140/485 concurrent filing
-After 180 days of filing 485, one can now change jobs
-L-2 can get EAD
-3 years "extra H1-B" based on approved 140. (I am on my 9th yr)
-1 yr. extension based on pending labour

All these provisions were not possible before 2001.
Similarly,now that GC is taking 10-15 years to come due to retrogression,doesn't make sense to wait for another 5 yr to lapse to get naturalized.
Maybe, not date of 140 approval. but date of 485 filing as that shows our intent to become permanent residents. It is not our fault that after filing of 485, it takes another 4-5 yrs for GC to come.
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  #5 (permalink)  
Old 10-21-2009, 07:42 PM
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Thumbs up I think this is a good idea.

Quote:
Originally Posted by vikki76 View Post
vinzak- wait till you wait for 10 yrs to stand in GC line- then ask yourself how will you feel waiting for another 5 yrs to get citizenship.
Most of us in this forum came during 1998-1999 and somehow or other missed the boat to get GC in time.
Did you know following rules have been changed in last 10 yrs-
First AC21 Provisions
-H1-B can change job just after filing for receipt (as opposed to waiting for actual approval)
-140/485 concurrent filing
-After 180 days of filing 485, one can now change jobs
-L-2 can get EAD
-3 years "extra H1-B" based on approved 140. (I am on my 9th yr)
-1 yr. extension based on pending labour

All these provisions were not possible before 2001.
Similarly,now that GC is taking 10-15 years to come due to retrogression,doesn't make sense to wait for another 5 yr to lapse to get naturalized.
Maybe, not date of 140 approval. but date of 485 filing as that shows our intent to become permanent residents. It is not our fault that after filing of 485, it takes another 4-5 yrs for GC to come.
I know this idea has been tossed several times around. I think this is a good idea.

The whole idea of 5 years wait is for family based immigration where a person enters and stay in US for 5 years so that one can evaluate him/her as a responsible future citizen. (This was mentioned by some one in earlier postings)

In case of EB category, people often enter and stay for 5 or more years before getting GC (unless you are from EB1 or EB2 ROW etc). So more likely you have already stayed for 5 or more years legally, paying taxes and obeyed laws etc etc.

Now I am not sure if my above assumptions (FB vs EB and why 5 years wait time is a policy) are true. There may be different reasons and I may be wrong. If you know more about this, or think that above understanding is wrong - please share your thoughts.

On a side note, this doesn't seem to be an easy task though.

This is my personal view. It would benefit most EB folks if this becomes a law or policy.
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  #6 (permalink)  
Old 10-21-2009, 09:06 PM
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Default

I evaluated this option to reduce the citizenship wait period those who are in US legally more than 5 years. The rule has to be ..

1. To become a citizen, one has to be LPR.
2. One has to maintain 5 year physcial and legal (non-immingrant and immigrant status put together) presence in US, if they got GC through employment.

If that happens, one can get citizenship immediatly after getting GC. It can be easily achivble in CIR (whenever it happens), if IV/we push for it.
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  #7 (permalink)  
Old 10-21-2009, 10:13 PM
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Default I am confused

Hi Guys , been out, so now catching up.....

please explain , I am confused so what you guys are proposing is that , get the citizenship before you get the greencard? because for most of us it will take no less than 10 years to get GC. or you guys mean to say that we should immediately be allowed to file the citizenship the moment we get the GC after waiting 10 years or more.
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  #8 (permalink)  
Old 10-21-2009, 11:21 PM
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Default Graet idea...

Quote:
Originally Posted by psaxena View Post
Hi Guys , been out, so now catching up.....

please explain , I am confused so what you guys are proposing is that , get the citizenship before you get the greencard? because for most of us it will take no less than 10 years to get GC. or you guys mean to say that we should immediately be allowed to file the citizenship the moment we get the GC after waiting 10 years or more.
I support this idea.

I feel anyone who fullfills these clauses should be allowed to apply for US citizenship.

1. Should be a PR.
2. The 5 years should be calculated either from the date the immigration request is granted (I140) or filling of approvable 485 (485 which is approved).
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  #9 (permalink)  
Old 10-22-2009, 12:06 AM
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Default very perfect

It makes sense. Qualification shall be that the applicant must be LPR, and must have lived in US for atleast 10 years or 5 yrs from getting I140 approved whichever is earlier.

At 10 year mark, even SSN benefits are available. It is not reasonable to let someone hang for GC even after that. I wish that the rule should exclude them from annual quota, offer them GC and within a year give them eligibility for citizenship.

I know, at best, it can be a wishful thinking. Who knows..
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  #10 (permalink)  
Old 10-22-2009, 03:51 AM
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Default reduced time after LPR makes sense

I think some FB GC allow you to apply for citizenship only after 3 years (Spouse sponsoring GC) after getting GC. Similarly, we too can ask provision that for people who were on dual intent visas or have their 140 approved for at least 1/2/3/x years should wait only 3 yrs after getting permanent residency to apply for naturalization. This way, we will be on par with other FB based GC.
We can modify conditions depending what is acceptable to USCIS/Washington.
Someone needs to drive this forward :-) .
At minimum, we should all participate in this debate and voice our opinion(concerns),point out laws overlooked etc.
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  #11 (permalink)  
Old 10-22-2009, 12:20 PM
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Default I am with you

Thanks for opening thread on this matter.
It completely makes sense. Since it is openly accepted (USCIS/DHS) that GC through EB route takes more than 10 years now then at lease we should get something in return of extra long wait.

We are here legally and paying taxes, due to country cap we have to wait extra but that country cap has nothing to do with Citizenship, so our clock should start from Filing of I-485.
We should ask for this and at least get provision for USC after 3 years of GC and not FIVE, just like FB GCs.
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  #12 (permalink)  
Old 10-22-2009, 01:10 PM
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Default

Quote:
Originally Posted by vikki76 View Post
vinzak- wait till you wait for 10 yrs to stand in GC line- then ask yourself how will you feel waiting for another 5 yrs to get citizenship.
Most of us in this forum came during 1998-1999 and somehow or other missed the boat to get GC in time.
I don't think it's a bad idea. It definitely works in my favor. The question is how important is this? The effective diff between a GC and citizenship is the ability to vote and easy travel. Nothing else. Maybe I lack imagination or foresight, but citizenship is far from my mind.

You are essentially reverse engineering the process. People are taking 10yrs to get a GC because the process is broken, not because the basic laws are wrong. If the process worked as the law intended none of us would be stuck. For example, if all those visa numbers had never been lost due to processing delays, and spillover had happened as expected, EB2 (and prob EB3) would be current now.

Someone suggested that we should get citizenship after 3 yrs of applying for 485. Well, none of us would have a 485 applied w/o an aberrant bulletin in July 07. If that had not happened, what would be the point of this discussion?

The guy with the 485 wants the clock to start after applying for 485.
The guy with the 140 wants the clock to start after applying for 140.
The guy with the H1 wants the clock to start after applying for H1.
Everyone wants a law according to his/her individual situation.

I'm sorry I'm not too worried abt citizenship. I'll worry about my icing after i have baked my cake.
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  #13 (permalink)  
Old 10-22-2009, 01:38 PM
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Thumbs up I support the idea on this thread!

5Years wait after GC approval.
mean, will allow the administration to monitor the benificiary while his CONTINUAL stay in the country. the CONTINUAL stay is , " every year of first 5 years, spend atleast 6months in the country (exception: show proof of taxes/bank accounts etc in case > 6months ".

If the idea was to apply rule for FB category, and carried over for EB too, then, if it were to change.... then
-> for EB , it should be for "AOS" applicants NOT for "CP" applicants.
-> Overlap 5years window starting from point of 485 filing ( which is Adjustment of Status), and not I140 ( Which is ability to pay ).

thoughts about start date from
- "dream to come to USA"
- GMAT/GRE
- H1 ( dual intent)
- LC
- I140
is upto the idle brain to think over!
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  #14 (permalink)  
Old 10-22-2009, 02:08 PM
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Default Following the international convention!!!

We are all aware of our issues and I do not want to harp on it again.
However, this thread has brought up many interesting points of view! Considering the ground reality, here are my 2 cents 

1. H1 / L1 visas are essentially non-immigrant visas. H1 is valid for 6 years and L1 for 7 years. Under the circumstances, if a 5 year limit for PR is sought, it may meet with very stiff opposition as potentially every employment based visa holder would have to be given PR. This would also violate the fundamental rules of the non-immigrant visas. To get a GC, the applicant has to express his intent to stay back as a permanent resident. This is the unfortunate reality

2. Now that the GC lines are choked and with nothing really happening, we could ask for regularization as Permanent Residents provided the person has filed the I-140 and has stayed for a minimum period of 8 years as an EB Visa holder (considering the duration of the H1 and L1 visas) with a continuous employment record in the USA

3. In the UK, the Work Permits are granted only for a year and extended. The rules have changed a lot now. However considering the fact that Work Permits are granted only for 12 months, PR is granted after a period of 5 years of legal stay. Citizenship is granted after a period of 10 years of continuous legal stay. In fact, there is a legal provision to grant citizenship to illegals provided they have stayed continuously for 15 years!

Personally, I would feel that we could ask for citizenship status if –

a. The person has filed I 140
b. Has stayed and worked continuously for 10 years
c. Has no criminal record

The above is an international convention and is followed in several EU countries as well. Probably this MAY (I repeat “May”) find acceptance! Let us wish ourselves good luck 

Last edited by Direct_Action_99; 10-22-2009 at 02:11 PM.
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  #15 (permalink)  
Old 10-22-2009, 02:13 PM
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Default

Quote:
Originally Posted by va_dude View Post
You are aiming for the stars here.

There even might be a case where a guy waits x number of years (5 or 10) after 140 approval and becomes eligible for citizenship, but is still waiting for his green card :-)

It's already been 2.5 years since mine got approved. Maybe i'm half way there.
Guys, Here is how it will work - you get citizenship after 'n' number of years. Then there are couple of RFE's on your pending GC before it is approved...and then you finally produce all the docs called for in 221(g) before your long pending H1B is approved.
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