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Zombie69

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About Zombie69

  • Rank
    Platinum Member
  • Birthday 03/07/1974
  • Member # 180763

Profile Information

  • Gender
    Male
  • City
    Los Angeles
  • State
    California

Immigration Info

  • Immigration Status
    Naturalization (approved)
  • Place benefits filed at
    Phoenix AZ Lockbox
  • Local Office
    Los Angeles CA
  • Country
    Taiwan
  • Our Story
    Openly gay and happily married since 08/15/2013. We could not get married in California until 2013 because of Prop 8 the gay marriage ban, which was tossed out by U.S Supreme Court in summer 2013. The Supreme Court in late June 2013 also struck down the congress approved Defense of Marriage Act which rendered LGBT families ineligible for immigration benefits, so for the first time, we were able to file AOS as a married couple. I knew my spouse for 21 years, we got married and filed for AOS in November 2013, but I was found inadmissible due to my two misdemeanors at the AOS interview in March 2014. We were requested to file 601 waiver. We filed in April 2014, and we got 485 and 601 waiver approved in late October that year. My husband unfortunately passed away on 3/29/2018, 3 days after my 400 interview. My 751 was approved on 4/26/2018. I was naturalized on 5/23/2018. I will miss my husband forever.

Immigration Timeline & Photos

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  1. Hi, Sukie, first of all, my condolences to your friend's wife, I am sorry to hear that. I got the experience myself of dealing with immigration in the midst of the passing of my spouse. My husband passed away 3 days after the 400 interview. My interview was on 3/26/2018, I had 400 and 751 pending while my husband was very sick before he passed. First of all, DO NOT CONCEAL ANYTHING .Your friend's U.S citizen wife passed away, then he HAS to disclose that, you can't just keep it under wraps, that is definitely one of the legal reasons for USCIS to catch him up in the ### even if he is naturalized. Trump administration particularly has been aggressive in denaturalizing applicants who illegally procured their citizenship. In my situation, my husband was still alive during the interview and I had a packet to request to grand the expedited oath ceremony not only to prove my husband was too ill to go to go to the possible 751 interview, but also to request the approval of 751 and 400 on the spot so they could swear me in as an emergency based on humanitarian ground. I had a packet I prepared myself with loads of medical records and dr's letters and a central argument requesting to the district director to approve my 751 and 400 based on humanitarian ground. I was pushing for immediate swearing in because I would like my husband to see me become a citizen before he passed arguing if there were not anti gay laws( anti gay marriage prop 8 in CA and Defense of Marriage Act that barred LGBT community from applying for federal benefits like immigration and tax) prior to 2013, we would have been able to get married earlier and he would have been able to see me become a citizen which was one of his last wishes. I also had a huge packet of additional evidence that I had been collecting, but the officer told me I had previously submitted more than enough evidence for 751, so he didn't take that packet. The officer took my packet to request the expedited oath ceremony and he said he was in charge of 400, and could not give me a decision because my 751 was pending, so I repeatedly urged the urgency of the matter and he said he would talk to his supervisor ASAP, 3 days later, my love passed, and I was advised by my lawyer to immediate go to USCIS as an emergency with the mortuary letter to request to immediately covert my joint 751 to a widower's waiver 751 application and inform them that i would submit my husband's death certificate when it was ready(It took LA County about 10 days to produce his death certificate), so 10 days later, I went to USCIS again as an emergency and submitted my husband's death certificate, and roughly a month after the interview, my 751 was approved, and in early May, I got a notification saying they have scheduled my oath ceremony for 5/23. And I thought they might reject me because the law requires the US citizen spouse to be around at the oath ceremony, but I was ordered to go to the ceremony, so I did, thinking I might have to re apply for 400 next year, so I filled out the 445 form and had to disclose the passing of my husband on the form, and it turned out that USCIS knew that my husband passed as well and they were very nice about it and even told me they had heard about my sad situation, and I was naturalized. I have a feeling that the officer probably saw my packet to request the immediate swearing in and I was so prepared and had so much evidence that he decided to use his discretion to approve my 400 and scheduled the oath ceremony for me. I did everything I legally should, I disclosed everything under oath, I was honest, I was not trying to conceal anything, and I was naturalized. So my thoughts to you is be very honest, you have to be law disclose everything to the immigration officer, if you hide, that is against the federal law and you are not supposed to lie under oath. I hope that helps a bit.
  2. Yes, I was just saying 751 applications with 400 pending never get sent to NBC like the updates suggest.
  3. That is not exactly the case. I also had 751/400 pending at the same time. My 751 was approved and I got the approval letter, but 7 days after that. my 751 approval was reversed to pending and it was send to NBC. The fact is I knew my two applications had always been at the field office and never left that facility because I saw them with my own eyes during the interview. Many folks with 751 and 400 pending also got identical updates. I was naturalized on 5/23, and my 751 now is still at NBC. I have been saying this, the update of 751 being transferred to NBC that many combo applicants got or getting now are a ploy to falsely think their cases were moving. The attempt is to mislead us so we won't overwhelm them with legal actions or service requests. I also got a letter of that what I call "fake update" as well. Unless it is 751 approval, any updates like that are not reliable.
  4. That is a wise move! Trump administration has been incrementally slowing down or stopping legal immigration, so the best thing to do in this kind of situation is really get right on it and apply for 400 when you are eligible since we don't know whether Trump will be tossed out or voted out or he will win the re election in 2020. Politics do matter, one can't really ignore the impact the Trump presidency is going to have on his or or immigration journey. The dangerous part is this administration is loud and clear in terms of their position in immigration. Don't think for a second whatever this president is doing won't affect us. We are already experiencing the impact of his presidency. And the CSC long wait confirms it, and the disturbingly crazy processing time for 751/400 at field office also confirms it. In these crazy immigration times under this White House, it is best to stay informed so applicants can protect themselves as Trump is constantly finding ways to undermine the norms of the already broken immigration system. I am so glad and grateful I am done, but i will do my best to keep you guys informed as this White House is doing anything they can do undermine and up our immigration system.
  5. Welcome. That is probably the more sensible option at this point. Were you involved in selective service? I think it might have something to do with the military, but I am not sure. They didn't ask, but I checked no on the application form. Here is what I found out directly from USCIS' website: Skip to main content Official Website of the Department of Homeland Security Español About USCIS Contact Us A-Z Index Get Email Updates Go Toggle navigationMain Menu Toggle navigation May 15, 2018 – POLICY ALERT – Adjustment of Status Interview Guidelines and Waiver Criteria Volume 1 – General Policies and Procedures Volume 2 – Nonimmigrants Volume 3 – Protection & Parole Volume 4 – Refugees Volume 5 – Asylees Volume 6 – Immigrants Volume 7 – Adjustment of Status Volume 8 – Admissibility Volume 9 – Waivers Volume 10 – Consent to Reapply Volume 11 – Travel, Employment, & Identity Documents Volume 12 – Citizenship & Naturalization Volume 12 – Citizenship & Naturalization, Part D – General Naturalization Requirements Chapter 7 – Attachment to the Constitution ← Chapter 6 Chapter 8 → Guidance Resources 11 Appendices 0 Updates 3 A. Attachment to the Constitution An applicant for naturalization must show that he or she has been and continues to be a person attached to the principles of the Constitution of the United States and well disposed to the good order and happiness of the United States during the statutorily prescribed period. [1] “Attachment” is a stronger term than “well disposed” and implies a depth of conviction, which would lead to active support of the Constitution. [2] Attachment includes both an understanding and a mental attitude including willingness to be attached to the principles of the Constitution. An applicant who is hostile to the basic form of government of the United States, or who does not believe in the principles of the Constitution, is not eligible for naturalization. [3] To be admitted to citizenship, naturalization applicants must take the Oath of Allegiance in a public ceremony. At that time, an applicant declares his or her attachment to the United States and its Constitution. [4] To be admitted to citizenship: •The applicant must understand that he or she is taking the Oath freely without any mental reservation or purpose of evasion; •The applicant must understand that he or she is sincerely and absolutely renouncing all foreign allegiance; •The applicant must understand that he or she is giving true faith and allegiance to the United States, its Constitution and laws; and •The applicant must understand that he or she is discharging all duties and obligations of citizenship including military and civil service when required by the law. The applicant’s true faith and allegiance to the United States includes supporting and defending the principles of the Constitution by demonstrating an acceptance of the democratic, representational process established by the U.S. Constitution, and the willingness to obey the laws which result from that process. [5] B. Selective Service Registration 1. Males Required to Register In general, males must register with Selective Service within 30 days of their 18th birthday but not after reaching 26 years of age. The U.S. government suspended the registration in April of 1975 and resumed it in 1980. An applicant who refused to or knowingly and willfully failed to register for Selective Service negates his disposition to the good order and happiness of the United States, attachment to the principles of the Constitution, good moral character, and willingness to bear arms on behalf of the United States. [6] Applicants may register for Selective Service at their local post office, return a Selective Service registration card received by mail, or online at the Selective Service System website. [7] Confirmation of registration may be obtained by calling (847) 688-6888 or online at www.sss.gov. The officer may also accept other persuasive evidence presented by an applicant as proof of registration. USCIS assists with the registration process by transmitting the appropriate data to the Selective Service System (SSS) for male applicants between the ages of 18 and 26 who apply for adjustment of status. After registering the eligible male, Selective Service will send an acknowledgement to the applicant that can be used as his official proof of Selective Service registration. 2. Failure to Register for Selective Service USCIS will deny a naturalization application when the applicant refuses to register with Selective Service or has knowingly and willfully failed to register during the statutory period. [8] The officer may request for the applicant to submit a status information letter and registration acknowledgement card before concluding that he failed to register. The status information letter will indicate whether a requirement to register existed. The applicant must show by a preponderance of the evidence that his failure to register was not a knowing or willful act. [9] Failure on the part of USCIS or SSS to complete the process on behalf of the applicant, however, will not constitute a willful failure to register on the part of the applicant. The denial notice in cases where willful failure to register is established may also show that in addition to failing to register, the applicant is not well disposed to the good order and happiness of the United States. This determination depends on the applicant’s age at the time of filing the application and up until the time of the oath: Applicants Under 26 Years of Age The applicant is generally ineligible. Applicants Between 26 and 31 Years of Age The applicant may be ineligible for naturalization. USCIS will allow the applicant an opportunity to show that he did not knowingly or willfully fail to register, or that he was not required to do so. Applicants Over 31 Years of Age The applicant is eligible. This is the case even if the applicant knowingly and willfully failed to register because the applicant’s failure to register would be outside of the statutory period. 3. Males Not Required to Register The following classes of males are not required to register for Selective Service: •Males over the age of 26; •Males who did not live in the United States between the ages of 18 and 26 years; •Males who lived in the United States between the ages of 18 and 26 years but who maintained lawful nonimmigrant status for the entire period; and Males born after March 29, 1957 and before December 31, 1959. [10] C. Draft Evaders In general, the law prohibits draft evaders and deserters from the U.S. armed forces during wartime from naturalizing for lack of attachment to the Constitution and favorable disposition to the good order of the United States. [11] A conviction by a court martial or a court of competent jurisdiction for a military desertion or a departure from the United States to avoid a military draft will preclude naturalization. [12] USCIS may obtain such information from the applicant’s testimony during the naturalization examination (interview), security checks, and from the Request for Certification of Military or Naval Service (Form N-426). [13] An applicant who admits to desertion during wartime, but who has not been convicted of desertion by court martial or court of competent jurisdiction may still be eligible for naturalization. [14] An applicant’s military record may list him or her as a deserter but without a final conviction. D. Membership in Certain Organizations The officer will review an applicant’s record and testimony during the interview on the naturalization application to determine whether he or she was ever a member of or in any way associated (either directly or indirectly) with: •The Communist Party; •Any other totalitarian party; or •A terrorist organization. Current and previous membership in these organizations may indicate a lack of attachment to the Constitution and an indication that the applicant is not well disposed to the good order and happiness of the United States. [15] Membership in these organizations may also raise issues of lawful admission, good moral character,[16] or may even render the applicant removable. [17] The burden rests on the applicant to prove that he or she has an attachment to the Constitution and that he or she is well disposed to the good order and happiness of the United States, among the other naturalization requirements. An applicant who refuses to testify or provide documentation relating to membership in such organizations has not met the burden of proof. USCIS may still deny the naturalization application under such grounds in cases where such an applicant was not removed at the end of removal proceedings. [18] 1. Communist Party Affiliation An applicant cannot naturalize if any of the following are true within 10 years immediately preceding his or her filing for naturalization and up until the time of the Oath of Allegiance: •The applicant is or has been a member of or affiliated with the Communist Party or any other totalitarian party; •The applicant is or has advocated communism or the establishment in the United States of a totalitarian dictatorship; •The applicant is or has been a member of or affiliated with an organization that advocates communism or the establishment in the United States of a totalitarian dictatorship, either through its own utterance or through any written or printed matter published by such organization; •The applicant is or has been a subversive, or a member of, or affiliated with, a subversive organization; •The applicant is knowingly publishing or has published any subversive written or printed matter, or written or printed matter advocating communism; •The applicant is knowingly circulating or has circulated, or knowingly possesses or has possessed for the purpose of circulating, subversive written or printed matter, or written or printed matter advocating communism; or •The applicant is or has been a member of, or affiliated with, any organization that publishes or circulates, or that possesses for the purpose of publishing or circulating, any subversive written or printed matter, or any written or printed matter advocating communism. 2. Exemptions to Communist Party Affiliation The burden is on the applicant to establish eligibility for an exemption. An applicant may be eligible for naturalization if he or she establishes that: •The applicant’s membership or affiliation was involuntary; •The applicant’s membership or affiliation was without awareness of the nature or the aims of the organization, and was discontinued when the applicant became aware of the nature or aims of the organization; •The applicant’s membership or affiliation was terminated prior to his or her attaining the age of 16; •The applicant’s membership or affiliation was terminated more than 10 years prior to the filing for naturalization; •The applicant’s membership or affiliation was by operation of law; or •The applicant’s membership or affiliation was necessary for purposes of obtaining employment, food rations, or other essentials of living. [19] Even if participating without awareness of the nature or the aims of the organization, the applicant’s participation must have been minimal in nature. The applicant must also demonstrate that membership in the covered organization was necessary to obtain the essentials of living like food, shelter, clothing, employment, and an education, which were routinely available to the rest of the population. For purposes of this exemption, higher education qualifies as an essential of living only if the applicant can establish the existence of special circumstances which convert the need for higher education into a need as basic as the need for food or employment, and that he or she participated only to the minimal extent necessary to receive the essentials of living. However, unless the applicant can show special circumstances that establish a need for higher education as basic as the need for food or employment, membership to obtain a college education is not excusable for obtaining an essential of living. [20] 3. Nazi Party Affiliation Applicants who were affiliated with the Nazi government of Germany or any government occupied by or allied with the Nazi government of Germany, either directly or indirectly, are ineligible for admission into the United States and permanently barred from naturalization. [21] The applicant is responsible for providing any evidence or documentation to support a claim that he or she is not ineligible for naturalization based on involvement in the Nazi Party. 4. Persecution and Genocide An applicant who has engaged in persecution or genocide is permanently barred from naturalization because he or she is precluded from establishing good moral character. [22] Additionally, an applicant who engaged in persecution or genocide prior to admission as a lawful permanent resident (LPR) would have been inadmissible. Such an applicant would not have lawfully acquired LPR status in accordance with all applicable provisions and would be ineligible for naturalization.[23] Such persons may also be deportable.[24] 5. Membership or Affiliation with Terrorist Organizations Information concerning an applicant’s membership in a terrorist organization implicates national security issues. Such information is important in determining the applicant’s eligibility in terms of the good moral character and attachment requirements. Footnotes 1. [^] See INA 316(a). See 8 CFR 316.11. 2. [^] See In re Shanin, 278 F. 739 (D.C. Mass. 1922). 3. [^] See Allan v. United States, 115 F.2d 804 (9th Cir. 1940). 4. [^] See INA 337. See 8 CFR 337.1. See Part J, Oath of Allegiance [12 USCIS-PM J]. 5. [^] The oath requirements may be modified for religious objections or waived for applicants with an inability to comprehend the oath. Prior to November 6, 2000, certain disabled applicants were precluded from naturalization because they could not personally express intent or voluntary assent to the oath requirement. However, subsequent legislation authorized USCIS to waive the oath requirements for anyone who has a medical condition constituting physical or developmental disability or mental impairment that makes him or her unable to understand or communicate an understanding of the meaning of the oath. An applicant for whom USCIS granted an oath waiver is considered to have met the requirement of attachment to the principles of the Constitution of the United States. See Pub. L. 106-448(November 6, 2000). See Part J, Oath of Allegiance, Chapter 3, Oath of Allegiance Modifications and Waivers [12 USCIS-PM J.3]. 6. [^] See INA 316(a) and INA 337(a)(5)(A). See the Selective Training and Service Act of 1940, Pub. L. 76-783 (September 16, 1940). 7. [^] See www.sss.gov. 8. [^] Failure to register is not a permanent bar to naturalization. 9. [^] See 50 U.S.C. 3811. 10. [^] See Section 1-101 of Proclamation 4771 of July 2, 1980, 94 Stat. 3775. See50 U.S.C. 3806. See Section 3(a) of the Selective Training and Service Act of 1940, Pub. L. 76-783, 54 Stat. 885, 885 (September 16, 1940). See 50 U.S.C. 3802(a). 11. [^] See INA 316(a)(3). 12. [^] See INA 314. 13. [^] See Part I, Military Members and their Families [12 USCIS-PM I]. 14. [^] See State v. Symonds, 57 Me. 148 (1869). See Holt v. Holt, 59 Me. 464 (1871). See McCafferty v. Guyer, 59 Pa. 109 (1868). 15. [^] See INA 313 and INA 316. See 8 CFR 316. 16. [^] See Part F, Good Moral Character [12USCIS-PM F]. 17. [^] See INA 237(a)(4). 18. [^] See INA 313. See the Legal Decisions and Opinions of the Office of Immigration Litigation Case Summaries - No. 93-380, Price v. U.S. Immigration and Naturalization Service, seeking review of Price v. U.S. Immigration andNaturalization Service, 962 F.2d 836 (9th Cir. 1992). 19. [^] See INA 313(d). 20. [^] See Langhammer v. Hamilton, 194 F. Supp. 854, 857 (1961). 21. [^] See INA 212(a)(3)(E). 22. [^] See INA 101(a)(42), INA 101(f), and INA 208(b)(2)(A)(i). See Part F, Good Moral Character, Chapter 4, Permanent Bars to GMC, Section C, Persecution, Genocide, Torture, or Severe Violations of Religious Freedom [12 USCIS-PM F.4(C)]. 23. [^] See INA 318. See Chapter 2, LPR Admission for Naturalization [12 USCIS-PM D.2]. 24. [^] See INA 212(a)(3)(E). Current as of May 23, 2018 ← Chapter 6 Chapter 8 → TOPICS VERIFICATION POLICIES GOVERNMENT USCIS Contact Center 1-800-375-5283 For people who are deaf, hard of hearing, deaf/blind or have speech disabilities which require accommodation: (TTY) / ASCII: 800-877-8339, Voice: 866-377-8642 Video Relay Service (VRS): 877-709-5798
  6. You are under the unprecedentedly backed up California Service Center. According to their latest processing time, it will take up to 1 year and 8 month. So it is really a gamble. I guess I would just apply for 400 when I am eligible because it is highly unlikely you are going to hear from USCIS about your 751 soon. If you apply for 400, they will probably combine the 2 and you may have 2 interviews on the same day, but if you do that, it could take from 17 months to almost 3 years, and that is not a given. This Trump administration is obviously making it difficult and applicants like you should not have to be faced with this kind of tough situation where you have to flip a coin or something. Don't take my word for it, but I would probably take a chance and apply for 400 regardless of the status of 751 and hope for the best because it is a good idea to move towards the citizenship at this point under Trump. Almost like an insurance since he is deliberately trying to make it difficult and potentially slowing down the immigration. Good luck.
  7. You are probably right. If that is the case, then people who applied prior to 9/11 are safe, but with the incompetent nature of USCIS, like AustinCanada said, some officers might make mistakes. Hopefully the Trump purge won't effect applicants like AustinCanada.
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