Natz Eligibility Date for SAW Workers
Immigration and Naturalization Service
8940 Fourwinds
San Antonio, Texas 78239
March 3, 1996
Re: Naturalization Eligibility Date for SAW Workers
Dear Mr. Parsons:
The formula for determining the correct date of adjustment for applicants that qualified for SAW status is set forth in 8 CFR 210.5
Unfortunately, one cannot always rely on the I-551 (alien registration card) or the I-181 (creation of record of lawful admission) in determining the applicant for naturalization true and correct date of adjustment to permanent resident alien.
The key date is November 30, 1988 as set forth in 8 CFR 210.5. Group I (A) SAW applicants whose I-700 was approved for temporary resident status prior to November 30, 1988 have an adjustment date of December 1, 1989. Group II (B) SAW applicants whose I-700 was approved prior to November 30, 1988 have an adjustment date of December 1, 1990.
The practical problem is that we are finding that most SAW applicants were approved for temporary residence status after November 30, 1988. These aliens qualifying under Group I whose adjustment to temporary residence occurred after October 31, 1988 shall be adjusted to lawful permanent residence one year from date of the adjustment to temporary residence. Those alien who qualified under Group II whose adjustment to temporary residence occurred after October 31, 1988 shall be adjusted to lawful permanent residence two years from the date of the adjustment to temporary residence.
Most aliens applying under the SAW program applied under Group II. Please remember that the granting of the I-700 did not take place at the legalization office. The final approval took place at regional processing centers.
The correct date of adjustment can be determined by a review of the I-700 and or computer records of the Service.