Green Card Denied

[HowieD 0]

I am writing for an amerasian friend of mine from Vietnam that is an adult who came to America in 1992. As a result of an arrest back in the early '90's(which is being contested for purposes of vacating the sentence), he has only been allowed a greencard all of these years. Recently he lost his wallet including his greencard. He applied for a replacement greencard and he was denied.

The reason they denied it was because he is no longer in deportation hearings. That is a closed matter. Odd huh?

He would be eligible for a green card if he was being detained but not if he wasnt.

" Eligibility for a card while in deportation or exclusion proceedings. A person in exclusion proceedings shall be entitled to evidence of permanent resident status until ordered excluded. Such evidence shall be in the form of a temporary Form I551 issued for a period sufficient to accomplish the exclusion proceedings. A person in deportation proceedings shall be entitled to evidence of permanent resident status until ordered deported or excluded. "

"The USCIS has no record showing that you subsequently regained lawful permanent resident status. Since you are no longer in removal proceedings, you are ineligible to receive evidence of permanent resident status. Therefore, your form I-90.... is hereby denied. There is no appeal to this decision.

However, you may file a motion to reopen on Form I-290B.... and must state new facts."

As a son of an american airman shouldnt he be able to petition for citizenship instead of fighting for a green card? Who will he need to contact? A lawyer? USCIS?

He has had his DNA taken and identified. He knows the name of his father but has never been able to locate him if he still survives.

Any help would be greatly appreciated.

[jsnearline 2]

Here's a good place to start:

Application for Certificate of Citizenship

N-600 Instructions

http://www.uscis.gov/files/form/N-600instr.pdf

N-600 Form

http://www.uscis.gov/files/form/N-600.pdf

The title you used for your post makes it look at first glance like it belongs in the AOS forum. Having read through it, I think it does belong here in the Citizenship forum so I hope no one moves it by mistake.

Edited July 14, 2009 by jsnearline

[Mohsin 0]

I think your question is too complicated to be solved here.....I would strongly recommend getting in touch with an immigration lawyer to get better direction....

[TracyTN 237]

Agreed - time for an immigration attorney. Lots of complex issues going on.

[HowieD 0]

Here's a good place to start:

Application for Certificate of Citizenship

N-600 Instructions

http://www.uscis.gov/files/form/N-600instr.pdf

N-600 Form

http://www.uscis.gov/files/form/N-600.pdf

The title you used for your post makes it look at first glance like it belongs in the AOS forum. Having read through it, I think it does belong here in the Citizenship forum so I hope no one moves it by mistake.

Thank you for your kind assistance.

[NickD 202]

If the USCIS claims to only hold fingerprints for 15 months, something about limited data space, one can only wonder how long they hold important data such as green cards or USC certificates? They sure recommend you make and keep copies of these important documents and want to see them in case they need to be replaced.

Feel your friends greatest challenge is proving he is the offspring of a USC and if he does hold the evidence, all should go smooth.

Do follow the suggestions of finding an immigration attorney, but let me add, an attorney that is part of a large immigration law firm, that makes a big difference on the tune you will get from the USCIS, they are a lot more careful and considerate in making a decision.

[HowieD 0]

If the USCIS claims to only hold fingerprints for 15 months, something about limited data space, one can only wonder how long they hold important data such as green cards or USC certificates? They sure recommend you make and keep copies of these important documents and want to see them in case they need to be replaced.

Feel your friends greatest challenge is proving he is the offspring of a USC and if he does hold the evidence, all should go smooth.

Do follow the suggestions of finding an immigration attorney, but let me add, an attorney that is part of a large immigration law firm, that makes a big difference on the tune you will get from the USCIS, they are a lot more careful and considerate in making a decision.

Thank you NickD. I have contacted an attorney local to my friend. Its really frustrating to see our neighbors to the south stroll into this country while more deserving people that try to follow the law are punished.

[NickD 202]

If the USCIS claims to only hold fingerprints for 15 months, something about limited data space, one can only wonder how long they hold important data such as green cards or USC certificates? They sure recommend you make and keep copies of these important documents and want to see them in case they need to be replaced.

Feel your friends greatest challenge is proving he is the offspring of a USC and if he does hold the evidence, all should go smooth.

Do follow the suggestions of finding an immigration attorney, but let me add, an attorney that is part of a large immigration law firm, that makes a big difference on the tune you will get from the USCIS, they are a lot more careful and considerate in making a decision.

Thank you NickD. I have contacted an attorney local to my friend. Its really frustrating to see our neighbors to the south stroll into this country while more deserving people that try to follow the law are punished.

Unlike other legal matters where you are required to hire an attorney in your state's bar, with the USCIS, can be any law office in the USA. This gives a much greater choice.