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Hello here is my situation: My asylum case as been approved on May 2018. A year later(2019) I applied for the adjustment of status and received my green card(category AS6) In 2022. On the card it is mentioned "resident since March 2021" and the card expire in 2032. How long should I wait to apply for the citizenship in that case? will it be in 2023? or 2025?

Also, this is 2years that I am living with my fiancé( we know each other since 2017). He has been naturalized in 2022. The problem is about the marriage: we from same country. What are my options since we want to do the civil marriage here in the USA and the traditional and religious marriage in our country?

1- I am already a permanent resident so, If we get married, how long should I wait to apply for the citizenship? 2- If I want to go back in our country, it mean, that there is no more danger for me, in that case what are my options to come back in the Usa without any problem? I go to school and work here, I do not want to stay there and wait for another whole process.

Thank you

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  • You spent 5 years proving to the US that going back to your home country would be a literal death sentence to you. Now that you got your green card the next question you have is "Is it OK to go back?" - how does that work exactly? Be expected to answer some difficult questions the USCIS may have next time they look at your case (for sure during your N400 adjudication).
    – littleadv
    Jan 16 at 8:19

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You are eligible for naturalization under the 5-year rule 5 years after you have become a permanent resident (if you have maintained continuous residence during that time), and you can file N-400 up to 90 days before reaching those 5 years. Since you did Adjustment of Status based on being an asylee, you are credited with 1 year of residence at the time your Adjustment of Status is approved; that's why your card says "resident since" some date in March 2021 when your Adjustment of Status was approved in March 2022. So you would be eligible under the 5-year rule in March 2026 (and can file the N-400 up to 90 days early, so in December 2025).

You can also qualify for a 3-year rule for naturalization, if you have been a permanent resident for 3 years, you have been married to the same person for 3 years, and your spouse has been a US citizen for 3 years. You did not say whether your fiance is a US citizen or not. But even if they were, you would only be able to file under the 3-year rule 3 years after your marriage, which (given that you haven't married yet) would be at least some time in 2026, so it would be slower than the 5-year rule.

You going back to the country that you got asylum for fleeing from, can call into question whether you committed fraud in the asylum process -- i.e. were you really afraid of going back to that country when you got asylum? If there was really danger at the time you got asylum, and at the time you got a green card, but there was a change in the circumstances there and there is no longer danger now, then it is theoretically okay for you to go back, but be prepared to be scrutinized and to prove the change in circumstances.

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  • The return part may lead to a LPR revocation if the LPR was granted for asylum reasons, @Marie12 I wouldn't recommend it at all
    – Nicolas Formichella
    Jan 15 at 20:00
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    @NicolasFormichella once permanent residence is granted, the person is no longer an asylee. Permanent residence cannot be withdrawn simply because the fear of persecution no longer exists.
    – phoog
    Jan 15 at 22:07
  • @phoog it can though if it never existed and the asylee misrepresented the situation.
    – littleadv
    Jan 16 at 8:17
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    @littleadv: But that would be revocation of their status for fraud or misrepresentation, not revocation for returning to their home country per se.
    – user102008
    Jan 16 at 16:25

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