Naturalization

[raaza 0]

Hi Every One,

I'm new to this site but frequent visitor and love this site for so many immigration related solutions. I'll be applying for my naturalization on 11-2-2010. But i have some important concerns that i want to get answers for. Here is my story

got married to USC january 23, 2003. POE date and 2-1-2006 Los Angeles. Stamped on my passport CR1 , received 2 years Conditional GC in march 2006 issue date was 2-1-2006. formally seperated in december 2007 Due to irreconcilable differences, file for ROC in january 2008 as a hardship waiver because my wife refused to file together. ROC denied . Start removal proceedings agains me and the immigration court find it out that there is a mistake done in my case by the CIS where there no ROC from the first stage , the judge asked me about me marriage date and POE date and she said that you have been issue a wrong PR card and it must be corrected to a permanent 10 years GC. I file I90 to replace my card and then finally i received a 10 years GC. Now I'm concerned about my naturalization. I have two Question and hope someone will clarify my concerns:

* What is my exact date of eligibility to apply for naturalization based on 5 years rule.

* There is a denied history of my I 751 which is a total mistake from the first stage of issuing GC so is this going to affect my eligibility for naturalization .

Thanks.

Edited October 6, 2010 by raaza

[NickD 203]

Hi Every One,

I'm new to this site but frequent visitor and love this site for so many immigration related solutions. I'll be applying for my naturalization on 11-2-2010. But i have some important concerns that i want to get answers for. Here is my story

got married to USC january 23, 2003. POE date and 2-1-2006 Los Angeles. Stamped on my passport CR1 , received 2 years Conditional GC in march 2006 issue date was 2-1-2006. formally seperated in december 2007 Due to irreconcilable differences, file for ROC in january 2008 as a hardship waiver because my wife refused to file together. ROC denied . Start removal proceedings agains me and the immigration court find it out that there is a mistake done in my case by the CIS where there no ROC from the first stage , the judge asked me about me marriage date and POE date and she said that you have been issue a wrong PR card and it must be corrected to a permanent 10 years GC. I file I90 to replace my card and then finally i received a 10 years GC. Now I'm concerned about my naturalization. I have two Question and hope someone will clarify my concerns:

* What is my exact date of eligibility to apply for naturalization based on 5 years rule.

* There is a denied history of my I 751 which is a total mistake from the first stage of issuing GC so is this going to affect my eligibility for naturalization .

Thanks.

On your green card, that isn't green anymore, is a date after a residence since what date? The month and year should correspond to the expiration date of your ten year card, but ten years later. Give us that early date. The date they show you becoming a lawful permanent resident.

[Brother Hesekiel 2,236]

The earliest day you can be sworn in as a US citizen is February 1, 2011. You can file as much as 90 days before that date, so anytime during the first week of November you can send your package on the way. I'd wait until the second week though, just to avoid premature . . . no, not that . . . adjudication, which would throw your file back into the stack.

[raaza 0]

On your green card, that isn't green anymore, is a date after a residence since what date? The month and year should correspond to the expiration date of your ten year card, but ten years later. Give us that early date. The date they show you becoming a lawful permanent resident.

The dates are Residence since 2-1-2006 and the expration date of my ten year card is 1-25-2020 .This is because I corrected my Conditional Card in Jan 2010 therefore they issue the right one with ten years expiration. But my Q is I have a denied I 751 in my records due to CIS error is this denial which is due to a mistake commited by CIS, has any aafect on my naturalization.

Thanks

Edited October 7, 2010 by raaza

[raaza 0]

please someone here can clarify about my concerns.

thanks.

[Brother Hesekiel 2,236]

You should have received a 10-year Green Card right from the start. The fact that you didn't receive one was an error on USCIS' side.

The 10-year Green Card does not require to remove conditions, so they denied something they didn't have a right to do. A judge cleared that up, and I don't see any problems for your N-400.

[NickD 203]

The dates are Residence since 2-1-2006 and the expration date of my ten year card is 1-25-2020 .This is because I corrected my Conditional Card in Jan 2010 therefore they issue the right one with ten years expiration. But my Q is I have a denied I 751 in my records due to CIS error is this denial which is due to a mistake commited by CIS, has any aafect on my naturalization.

Thanks

If you have a denied I-751 and no current LPR card, you would have a big problem.

But you have a current valid card, so you don't have a problem.

Have to warn you though, when you receive your US citizenship certificate, you will lose your LPR card forever.

[raaza 0]

You should have received a 10-year Green Card right from the start. The fact that you didn't receive one was an error on USCIS' side.

The 10-year Green Card does not require to remove conditions, so they denied something they didn't have a right to do. A judge cleared that up, and I don't see any problems for your N-400.

Thankyou just Bob.

[raaza 0]

To Just Bob,

do you suggest i can attached a note sheet explaining the whole scenario of my wrong GC production and consequently the denial of mine I751 with my I 400 application. Or you think I dont need it and they can figure out by themselves when they paas through my records, I just dont want any delays in my process.

Thankyou,

[Brother Hesekiel 2,236]

Frankly, I think they are all idiots, which can work both ways.

Luckily, these idiots are really busy (6000 N-400s in Los Angeles per month alone!), so they really don't look at your file until you sit in the hot chair at the interview. I, personally, would not try to step on the sleeping lion's tail unless being forced to do that. It may never come up but if it does, you just tell 'em that USCIS obviously had made a mistake and an immigration judge cleared it up. It's a non-issue.

[hhN400 3]

... It's a non-issue.

It's not a non-issue. They did start removal proceedings and as such this must be declared on the N-400 form, even if this was struck down by a judge later on. Just leaving the statement there without explanation is not a wise move since it may lead to unnecessary delays. I would attach a statement explaining the situation and also -- very important -- attach a copy of the judge's order. This gives the adjudicating officers everything they need to know right there without the need for any lengthy digging through files. It makes their lives easier and they will be happy. And you'll be fine. However, if you try to hide it, it's very likely that you won't be.

[raaza 0]

Frankly, I think they are all idiots, which can work both ways.

Luckily, these idiots are really busy (6000 N-400s in Los Angeles per month alone!), so they really don't look at your file until you sit in the hot chair at the interview. I, personally, would not try to step on the sleeping lion's tail unless being forced to do that. It may never come up but if it does, you just tell 'em that USCIS obviously had made a mistake and an immigration judge cleared it up. It's a non-issue.

ee

Thnkyou , I surely agree with you, well lets see wat happen but I think it will be smooth process. I'll update you with time..

[NickD 203]

To Just Bob,

do you suggest i can attached a note sheet explaining the whole scenario of my wrong GC production and consequently the denial of mine I751 with my I 400 application. Or you think I dont need it and they can figure out by themselves when they paas through my records, I just dont want any delays in my process.

Thankyou,

Apparently something must be bothering you in that you keep on bringing this issue up, you said you went to a court of law on this issue and it was ruled in your favor. So that should be the end of it. What won't be the end of it is supplying information on your former apparently US citizen sponsored spouse. But you were granted a stay on your I-751 due to a hardship.

Have to say, my head was spinning after that huge expense and wait during the AOS process, all the proof we needed, the background checks, only to have my wife issued a conditional green card because we weren't married quite two years yet. Then my head was really spinning after reading some odd four other reasons, where my wife could have divorced me and still stayed here. Like if I tapped her on her butt, could claim physical abuse, or in your case, would be a hardship for her to return to her home country.

And a hardship it would have been for her, already established in this country, question if her home country would take her back, certainly would have never got her job back, and her daughter would have lost all of her high school credits returning back to her home country setting her back darn near three years. But this didn't happen to us, what did, is we had to supply another good inch thick of proof that we were still living together. In my humble opinion, the entire I-751 process is one huge stack of pure unadulterated BS. And a ton of inconvenience for us because they misplaced the application.

But we still had thoughts of going back to her home country, not just her, but me with her because of all this BS the USCIS was putting us through.

So if the key purpose of the I-751 process is to assure you entered a valid marriage, but they also give you four reasons to work around it, what in the hell good is it serving? And I see people even today on the removal of conditions section of this board are still being driven crazy by the USCIS.

But apparently your I-751 was denied due to your separation, but reinstated due to that hardship clause in the I-751. Only thing you have to do is to prove you entered into that marriage in good faith. So for you, this entire process should be history. But something seems to be bothering you about it, care to share that?

Now, if you did use your ex-wife just to come here to marry someone else that couldn't bring you here, you will have justification to be concerned.

[raaza 0]

Dear NickD,

Let me correct you about my ROC story, I moved to my own(rented) apartment to have my own place where my family( my 5yrs old son and my USC wife) can live together in peace n love as being living in my inlaws house for one year n bearing insults and loosing my self respect, I decided to move out though i have 20 bucks in my pocket at that time but when there is a will there is away and somehow i managed it. So this was happened well before my time to apply for ROC and when the time came my wife and her family decided to not apply with me and send me back to my own country. I decided to go for it and apply alone with a hard ship waiver option. But since it was a very hard to prove hardship from a country like UK and with a degree as MD, USCIS denied my 1 751 after taking almost 1 1/2 year. I went to Immigration Court and there the judge find it out that sice i enter to US after 3 years of my marriage I was issued a wrong Permanent Residence card and terminate my case. I then file I 90 to replace my Card with my marriage certificate and and then finally they issued me a right one with a ten years expiration. Since lacking any knowledge what is conditional Card and a permanent card I never had any idea, it all came once my 1751 was denied and the judge told me that its a USCIS error, wished i would have known about all these before. I'm still living seperatly and never filed for divorce or even legal seperation and still hope my wife and son will come one day, its being 3 years now. Now why i'm here on this site is because i wnat to apply for my naturalization and have some concerns about my denied I 751 record which was an error by the USCIS. So is this going to be an issue in my case and do i need to attache any kind of sheet to explain the whole scenario.

What you suggest.

Thankyou--

Edited October 8, 2010 by raaza

[NickD 203]

Dear NickD,

Let me correct you about my ROC story, I moved to my own(rented) apartment to have my own place where my family( my 5yrs old son and my USC wife) can live together in peace n love as being living in my inlaws house for one year n bearing insults and loosing my self respect, I decided to move out though i have 20 bucks in my pocket at that time but when there is a will there is away and somehow i managed it. So this was happened well before my time to apply for ROC and when the time came my wife and her family decided to not apply with me and send me back to my own country. I decided to go for it and apply alone with a hard ship waiver option. But since it was a very hard to prove hardship from a country like UK and with a degree as MD, USCIS denied my 1 751 after taking almost 1 1/2 year. I went to Immigration Court and there the judge find it out that sice i enter to US after 3 years of my marriage I was issued a wrong Permanent Residence card and terminate my case. I then file I 90 to replace my Card with my marriage certificate and and then finally they issued me a right one with a ten years expiration. Since lacking any knowledge what is conditional Card and a permanent card I never had any idea, it all came once my 1751 was denied and the judge told me that its a USCIS error, wished i would have known about all these before. I'm still living seperatly and never filed for divorce or even legal seperation and still hope my wife and son will come one day, its being 3 years now. Now why i'm here on this site is because i wnat to apply for my naturalization and have some concerns about my denied I 751 record which was an error by the USCIS. So is this going to be an issue in my case and do i need to attache any kind of sheet to explain the whole scenario.

What you suggest.

Thankyou--

So you have no divorce to report, but definitely would apply for the five year where proof of living together is no longer required and would forget about any errors the USCIS has made. Most important thing, is you do have a valid ten year card.

It was difficult for me to understand the concept behind the I-751 process, took over a year for our AOS with plenty of background checks with proof that we had a long ongoing relationship, in our case two years, with plenty of personal contact, before we finally decided to get married. I-751 as well as the N-400 three year marriage has nothing to do with having a happy marriage, more like you have a common address, and are paying taxes and bills together.

From what I learned, major immigration changes were made in 1986 under the Reagan regime, believe at that time, he was more concerned with the number of illegal immigrants entering in this this country. Rather than take care of that problem, just made it a lot more difficult for those applying legally. In 1986 was the year of the lottery, 50,000 maximum per year if you were lucky enough to get chosen. Only other option to bring a person here was via marriage, and read for the first year, some million or more applications were received where a huge proportion of these were later to be found to be fraud. In others words, marrying a person for no other reason to bring them here.

First thing that was done was to extend the AOS processing time and a much more thorough background check, with proof of living together and paying bills together kind of thing, but that wasn't enough. In 1988, two years later, the conditional green card was introduced whereby if a couple was married less than two years, the immigrant spouse would only receive a conditional green card, but with many loopholes provided to work around it. The I-751 for us was a high period of stress due to extensive delays, my senator finally helped us as any action we took to find out the problem for the long delay was ignored and they kept on referring us to the very inaccurate dates posted in the processing site. Senator quickly learned are application was no longer at Nebraska, they could have said the applications were moved to California, but didn't, not even the people we contacted at the USCIS knew about that. That is when we learned our application should have been processed six months prior, but it was misplaced somehow during that move.

We had no idea if our happy marriage would have been broken up at that time, but did lead us to applying for US citizenship at the earliest possible date.

The USCIS does screw up and at times, big time!! But you end up paying the price for it.

So again, apply for US citizenship under the five year rule, forget about the USCIS errors, and move on. Ha, don't even mention about living with in-laws. Could be your wife is a mamas' girl, about time she grows up, no advice on this subject, main reason why my first marriage broke up. I do have great in-laws now, but some 4,000 miles away. LOL, could be the key reason why they are so great.