Originally Posted by
Immigo
Using this thread to brainstorm on an idea for approaching courts. Will be great if you share inputs for feasibility of this as this has been on my mind for some time now. The idea aims at going to court for being able to apply for citizenship (without necessarily getting a GC as the numerical limitations only pertain to to GC and not citizenship). As per instructions for form N-400 (application for naturalization), the following are the eligibility criteria for applying for naturalization.
1. You are at least 18 years of age at the time of filing (except active duty members of the U.S. Armed Forces);
2. You are a permanent resident of the United States for a required period of time;
3. You have lived within the state or USCIS district where you claim residence for at least 3 months prior to filing;
4. You have demonstrated physical presence within the United States for a required period of time;
5. You have demonstrated continuous residence for a required period of time;
6. You demonstrate good moral character;
7. You demonstrate an attachment to the principles and ideals of the U.S. Constitution;
8. You demonstrate a basic knowledge of U.S. history and government (also known as “civics”) as well as an ability to
read, write, speak and understand basic English; and
9. You take an Oath of Allegiance to the United States. Some applicants may be eligible for a modified oath.
Most of us will meet all criteria except 2. The idea is to go to court for the definition of 'permanent resident'. Since H1-B with approved I-140 is renewable in perpetuity, why is it not considered permanent ? Perhaps the case for people on EAD after filing I-485 is even stronger.
IMO, best people to challenge this will be EB2-NIW candidates who have EAD. This will be because EB2-NIW does not need to be backed by an approved labour. Therefore EB2-NIW + EAD candidates ARE permanent residents.
If a challenge in court is successful, this will imply at least people with EB2-NIW, who have an EAD for 5 years, will be able to apply for citizenship. In the best case scenario, even people who have an approved I-140 > 5 years, will be able to apply for citizenship.