NEED HELP

[bklynny 0]

i was scheduled for oath ceremony on may 8

i just received this letter saying:

MOTION TO REOPEN

In accordance with section 335.5 of the immigration and nationality act, the service proposed to reconsider the decision to grant your application for naturalization.

this was based on the fact that:

you were adjusted under the Lautenberg-Moyniham amendment (LA-6). at this time the case is being reviewed. we will notify you of our decision.

letter is from districr director.

and another letter within the same envelope:

this is to advise you that, due to unforeseen circumstances, we have hat to cancel the previously scheduled oath ceremony on tuesday may 08, 2012

LA6 is the category of my green card

this means they are checking my green card case?

whats going on? please help

[Penguin_ie 5,994]

How did you get your greencard?

[Gary and Alla 3,694]

i was scheduled for oath ceremony on may 8

i just received this letter saying:

MOTION TO REOPEN

In accordance with section 335.5 of the immigration and nationality act, the service proposed to reconsider the decision to grant your application for naturalization.

this was based on the fact that:

you were adjusted under the Lautenberg-Moyniham amendment (LA-6). at this time the case is being reviewed. we will notify you of our decision.

letter is from districr director.

and another letter within the same envelope:

this is to advise you that, due to unforeseen circumstances, we have hat to cancel the previously scheduled oath ceremony on tuesday may 08, 2012

LA6 is the category of my green card

this means they are checking my green card case?

whats going on? please help

When you are interviewed for citizenship, the decision of the IO is not final. If you look at the letter you received (my wife received hers AT the interview) it states that it appears you have met the requirements to become a citizen. Between the time of your interview and the oath ceremony the dept. (USCIS) reviews everything to be sure you are correctly eligible and even does another background check on you for criminal records. The decision to grant citizenship can be changed until the time the oath is taken.

It would appear they are questioning your eligibility to be a citizen at this time. A decsion on citizenship may or may not affect your permanent resident status (separate issue)

I am no tfamiliar with the LA-6 amendment they refer to but it apparently has something to do woth your eligibility to naturalize at this time. Since I do not lknopw the details of your case I cannot say what exactly will happen.

With more information, perhaps we could. What are the details of your original adjustment of status?

[bklynny 0]

i came to US in 2002

All i had was letter from US embassy which said:

Based on secondary evidence, as listed below , the united states embassy in Tbilisi, Georgia has determined that ***** ********* born **/**/**** in Tbilisi, Georgia is the recipient of significant public benefit parole, according to INS headquarters cable ****** sent to tbilisi embassy on *****

the airline may accept this letter as assurance that the above named alien may be transported to the united states before ***** without danger of penalty imposed by section 273B of the immigration and nationality act, as amended. this document is valid for arrival at port-of-entry new york city.

after arriving case agent took charge of adjusting status

my GC was issued in 2004

GC category says: LA6 which is

LA6 - Certain parolees from the Soviet Union, Cambodia, Laos, or Vietnam who were denied

refugee status and paroled between Aug. 15,1988 and Sep. 30, 1999.Sec. 599(E) of PL-101-167 (Nov. 22, 1989,extended through September 30, 1999) - ((Adjusted status))

im not sure of everything because i was underage when i arrived and i was just following the process with my family

i think they are checking how i got my GC.

i dont know if i should make infopass appointment because i was told on the phone by USCIS to wait and i should receive answer within 90 days.

i thought everything was o.k. because i had no problem passing GC interview then i passed naturalization interview with excellent results. received letter about my oath schedule. and today i got this letter this is so confusing

[Ree 9]

I just googled what was "section 335.5 of INA". And, as far as I can see, it has nothing to do with your greencard category. It looks like they are now reviewing your n-400 case because they discovered something that questioned your n-400 eligibility.

[Gary and Alla 3,694]

So you applied ofr citizenship based on 5 years as a resident (or more) and your residency was based on LA6 which was effective for anyone paroled (entering) the US before Sept 30, 1999. You did not enter before that date.

It would appear the basis of your green card was in error and therefore your basis for citizenship is in error.

It may end up being an academic excerise to correct the basis by which you were granted residency and nothing more. In other words they may have made an error in 2002 and now need to correct it. This may or may not affect your getting citizenship.

I presume your green card is about to expire and you applied for citizenship instead, correct?

[bklynny 0]

my GC is good until 2021

i think USCIS is more confused than i am

[Gary and Alla 3,694]

my GC is good until 2021

i think USCIS is more confused than i am

Ok, so you are in no danger of being out of status or anything. Yes it looks like they are confused. It can happen. It still seems they are sorting out your eligibilty. The problem is that if there were any errors along the way they have to be corrected. Any benefit received as a result of an error, even citizenship, can be revoked. So they are just trying to make it right before they go any further. I would suspect your residency is intact and your citizenship will be granted eventually.

[JimVaPhuong 4,863]

my GC is good until 2021

i think USCIS is more confused than i am

Is this your second green card? Green cards are not generally issued with a validity of 17 years. It's usually either two years for certain conditional permanent residents, and 10 years for everyone else.

It's difficult to know for sure what happened here. Your admission class appears to indicate you were admitted as a Lautenberg parolee. However, in order to be eligible as a Lautenberg parolee you would need to have been paroled into the US between August 15, 1988, and September 30, 1990, AFTER having been denied refugee status. When, exactly, did you enter the US?

The letter you got from the embassy was intended to serve as an assurance to the airline that transported you here that they wouldn't be subjected to any penalty as a result of bringing you to the US in spite of your not having a passport with a valid unexpired visa in it. INA 273B is specifically about penalties for persons, transportation companies, ship's captains, etc. who knowingly bring illegal aliens into the US.

I'm not sure what's going on. It's possible you may have been admitted under the wrong category.

I know you censored that letter, but the INS cable number and date may not be sensitive information. In other words, that cable may not pertain exclusively to you. If not, then it might be helpful if we knew that information. We could look up the cable on the internet and figure out if there's a difference between the subject the cable and class of admission you were given.

[NickD 203]

LA-6 deals with:

" Certain parolees from the Soviet Union, country-region Cambodia, country-region Laos, or country-region place Vietnam who were denied refugee status and paroled between Aug. 15, 1988 and Sep. 30, 1996."

Does this mean anything to you?

[bklynny 0]

this is my first and only green card

the thing is i received green card only in 2011 but my green card says: resident since 2004

my case was lost and it was pendig for too long

then i had GC interview and officer told me it took them too long because case was lost she said i would have been citizen already if there were no problems

so she said she will try to issue the GC with old (original) date and thats how it came in mail. issue date is 2004 and it expires on 2021

i have entered US in august 2002

if theres any mistakes it isnt because of me

i just followed USCIS and did everything they asked me to do so its not my fault if they messed something up

im just wondering whats the next step

[bklynny 0]

LA-6 deals with:

" Certain parolees from the Soviet Union, country-region Cambodia, country-region Laos, or country-region place Vietnam who were denied refugee status and paroled between Aug. 15, 1988 and Sep. 30, 1996."

Does this mean anything to you?

i was born in soviet union

i arrived in US in 2002 so i guess that has nothing to do with me

but my green card category is LA-6

USCIS mistake? dont know...

[NickD 203]

i was born in soviet union

i arrived in US in 2002 so i guess that has nothing to do with me

but my green card category is LA-6

USCIS mistake? dont know...

Can only go by experience not knowing all the facts. A first my stepdaughter received a decision cannot be made because her IO wanted proof I paid a 50 buck fine for a supposed rolling stop sign violation when she was a minor.

Then they dropped that and wanted her to answer to assault and battery charges, I put just her first and last name in on google and found something like 20,000 other girls or women with her same name. But if they put in her birthday, would have narrowed it down to one or two. She was only 17 months old when these alleged charges occurred, I just turned this over to my senators office and let him deal with the USCIS.

This could be mistaken identity in your case, I really don't know your history. They also misplaced her green card application, but my attorney and senator also took care of that, so only had a two month delay. How did you come here, how old are you?

I suspect, sooner or later you will receive a letter from the USCIS asking you to reply with 30 days. And is possible what they ask may be totally absurd.

[bklynny 0]

How did you come here, how old are you?

I suspect, sooner or later you will receive a letter from the USCIS asking you to reply with 30 days. And is possible what they ask may be totally absurd.

this is how i came here

i came to US in 2002

All i had was letter from US embassy which said:

Based on secondary evidence, as listed below , the united states embassy in Tbilisi, Georgia has determined that ***** ********* born **/**/**** in Tbilisi, Georgia is the recipient of significant public benefit parole, according to INS headquarters cable ****** sent to tbilisi embassy on *****

the airline may accept this letter as assurance that the above named alien may be transported to the united states before ***** without danger of penalty imposed by section 273B of the immigration and nationality act, as amended. this document is valid for arrival at port-of-entry new york city.

im 23 years old right now.

[Brandi n Michael 8]

If you came to the USA in 2002 the category USCIS gave you on your Green Card is incorrect. LA6 expired in 1999. You will have to be patient and get your local senator involved if it takes too long. A lawyer at this point might be premature. Personally I would wait until I had some futher information from USCIS on what they plan to do and then first stop would be senator if it wasn't good news.

Sorry this is happening to you.