Citizenship denial

[Dare 0]

Ok, here is my case in short:

In 2003 I filed for green card based on marriage. After I had my first interview I was waiting on the decision for more than 2 years. In meantime I did divorced my wife at the time but did not inform USCIS. I know my obligation was to inform them, but I was waiting for them to call me on the second interview and they would find out. However they screw my alien number and at one point I had two alien numbers and was going for fingerprints every 6 months for almost 3 years. After almost 3 years, they send me the permanent green card (the one on 10 years) without even calling me on the second interview. After 5 years I decide to file for citizenship. They ask me why I did not inform them and my answer was that I was waiting on another interview when my GC arrived in mail. After that I continued my life here as normal thinking everything is ok. They held the interview for citizenship and I passed but officer couldn’t decide right away. So they gave me the letter stating that I passed the interview but decision cannot be made yet and that they have 120 days to inform me of their decision. If they failed to inform me I can file a complaint on district court. So after 120 days I decide to call and ask what happened. Within a week they send me a letter stating that they need 60 more days to decide. After 60 days the decision came that my citizenship application was denied because I did not inform them I was divorced so technically my green card is not valid. I have 30 days to appeal the decision. I understand that I failed to inform them of my divorce but they also failed to call me on second interview. If they would have called me on second interview they would of find out about my status. Technically I did not lie since they never asked if I was divorced or not before they sent me the green card. And it is my fault that I did not tell that my status has changed, but it is also their fault that they sent me green card without asking about my status. If the process went as it should, I would of have the interview and they would find out that I was divorced. Instead they made a mistake, and it took them so long to fix it that they did not even bother calling me on second interview and just giving me the permanent green card. Now they said that I did not obtain the GC lawfully and it is not good and based on that they denied my application. So now I have been in this country for 10 years, I have paid taxes since day one in this country, I have bought a house here and have a new family with a child who is born here. In this 10 years I haven’t travel anywhere outside US waiting to become a citizen first.

My question is, is it worth to appeal this and if I appeal, how far should I go ( should I go to district court if they come back with same decision)?

Edited January 24, 2013 by Dare

[mozplay 28]

In your case, I would strongly suggest that you hire a COMPETENT lawyer. Not only should it be appealed but you may have to put stuff in place now to ensure that you aren't deported. I don't mean to scare you but if what they are saying is you are not holding a valid green card then you could have some work ahead of you. Hire a lawyer and check his/her references.

Edited January 24, 2013 by mozplay

[TimeTravel 78]

You really need to look for a good attorney for your case. This is a serious issue when they denied your citizenship based on " Not having lawfully GC ".

[Dare 0]

In your case, I would strongly suggest that you hire a COMPETENT lawyer. Not only should it be appealed but you may have to put stuff in place now to ensure that you aren't deported. I don't mean to scare you but if what they are saying is you are not holding a valid green card then you could have some work ahead of you. Hire a lawyer and check his/her references.

I talked to one lawyer and her advice was to wait for my current wife to becomes a citizen ( 2 more years for that to happen) and then file again everything from scratch. As far as appeal, not to do anything. But then they can go after my GC and take it away I said.. She said yes they can, anytime, just pray it doesn’t happen.

[mozplay 28]

You are lucky that you have the option to refile through your wife. But.. lawyers are like doctors. Always go for a second, or even third opinion.

[Dare 0]

You really need to look for a good attorney for your case. This is a serious issue when they denied your citizenship based on " Not having lawfully GC ".

Understand, but they gave me that green card. I did not gave it to myself. They made a mistake in this case, is my point. I did made a mistake by not informing them and they did made a mistake by not holding the second interview and giving me a green card without even asking for my status. It was their mistake that triggered the chain of reaction in this case. They cannot expect that I investigate myself. They failed to do their job properly in the first place is my point.

You are lucky that you have the option to refile through your wife. But.. lawyers are like doctors. Always go for a second, or even third opinion.

Ok,thanks.

[mozplay 28]

It doesn't matter what you think really. All that matters in this case is how USCIS sees it. And regardless of what they failed to do, you also failed to follow the letter of the law. It's a mess. Get a lawyer.

[Pinkrlion 2,607]

I talked to one lawyer and her advice was to wait for my current wife to becomes a citizen ( 2 more years for that to happen) and then file again everything from scratch. As far as appeal, not to do anything. But then they can go after my GC and take it away I said.. She said yes they can, anytime, just pray it doesn’t happen.

Get another opinion from another lawyer. Here is how the government works. They may have made a mistake with your GC, but you made a bigger mistake by not telling them that you are divorced. By waiting for a second interview is not a valid reason for not disclosing information. You could have still obtained your GC after your divorce, it is just a different process. Now that you have obtained a GC under false pretense, they will revoke it, and you can be contacted by ICE.

Waiting for your wife to become a citizen will not occur, if she is a LPR based upon you having a GC. This will be a very big mess, and you REALLY need very good legal counsel.

[Dare 0]

It doesn't matter what you think really. All that matters in this case is how USCIS sees it. And regardless of what they failed to do, you also failed to follow the letter of the law. It's a mess. Get a lawyer.

I will get a lawyer, but was looking for opinion of is it worth to get one and proceed with this till the end, or wait until my wife becomes a citizen and file another application? If outcome will be the same then why trow the money on lawyers if i can keep it and file another application in two years? What do you think?

[Dare 0]

Get another opinion from another lawyer. Here is how the government works. They may have made a mistake with your GC, but you made a bigger mistake by not telling them that you are divorced. By waiting for a second interview is not a valid reason for not disclosing information. You could have still obtained your GC after your divorce, it is just a different process. Now that you have obtained a GC under false pretense, they will revoke it, and you can be contacted by ICE.

Waiting for your wife to become a citizen will not occur, if she is a LPR based upon you having a GC. This will be a very big mess, and you REALLY need very good legal counsel.

She is not based on me. She is different situation all together. She will become a citizen in 2 years.

Yes i agree what you say but if they did their job properly, we wouldn't be in this situtaion.

[mozplay 28]

I think you should get a lawyer now. You need to start putting things in place in case deportation proceedings are started against you.

Edited January 24, 2013 by mozplay

[VanessaTony 3,567]

There doesn't need to be a second interview. If you get a good lawyer I believe you can keep your current GC to stay, as well as get your citizenship approved and here's why...

Your application was pending for 2 years. That is WAY outside the normal processing time. It is YOUR duty to inform them of your change in circumstances. It is NOT their duty to ask you if anything has changed since you filed because that's your job. I'm sure it's in the instructions or rules somewhere, maybe even mentioned in the interview.

Anyway, there was a ruling some time ago, that I'm too tired to find right now, where someone was in a similar situation to you. They waited YEARS to be approved and I forget what happened (yep 'cause I'm tired) but long and short of it is they had their GC approved and denial overturned. So, a good lawyer would know about that. It might not be cheap, but I'd appeal (if that's what your attorney thinks you should do) on the basis of their long time to process your application.

[DC85 113]

in this country they have a good court system . uscis is not God you have the court to fight. don't listen to this idiot lawyer, waiting for your current wife to get her citizenship is completely ridiculous . you need to wait 2 years and they could put u in removal or you could be deported and since your wife is not a USC you can't do adjustment of status based on marriage that means you don't have anything in hand till your wife become a citizen. in addition, if everything went fine with your wife and you wanna go that road you gonna lose all these years of being a PR. you need to find a lawyer who has a good experience in the immigration court. and trust me a good lawyer will get you not only your GC but and he can request from the judge to revoke uscis decision regarding the citizenship. I blame you in one thing, you should take these issues seriously and not following up with them is really not wise. if I am in your show, I would go ask around to find the best lawyer immediately. and ask him to appeal and go toward the court if they didn't approve it. I swear it worth the money . as the previous member said, denying your n400 is something and revoking you GC is even worse than anything else.

[Boggy1974 124]

I will get a lawyer, but was looking for opinion of is it worth to get one and proceed with this till the end, or wait until my wife becomes a citizen and file another application?

Sir, please for your own good, consult a competent lawyer asap! Just like the other advice above, ONLY a good lawyer who has dealt with a similar case as yours can tell you the best route to take and answer the questions in this quote.

Search for and hire a good lawyer to represent you soonest. Goodluck!

[NickD 202]

If your new wife is awaiting US citizenship in two years, she is apparently an immigrant herself, how did she come here? Did you petition for her as a LPR?

If so, you will need a lot more than a good attorney. May work if she won the lottery, but awfully gray is she is here on a work visa. Would even be worse if your wife came from your home country. This is exactly what the USCIS is against, and the key reason for us that met our soulmates came from a different country, we were practically grilled to death.

You need to provide more information on the status of your wife.