Citizenship denial

[Sandra G. 5,016]

You are damn wrong,they don't have to call you to attend an interview .The law is clear the individual has to inform UScis regarding the divorce and there is anything stating they have to call the individual to attend interview.You screw up big time.Find a good lawyer.We have before in the Vj journey cases like yours and they were denied as well.Good luck.

[bettenan 1]

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)?

[bigdog 376]

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.

:thumbs:Find a great attorney and good luck.

[mtcmk1 37]

Find another lawyer! A GREAT one. Because the advise the first lawyer gave you is not right. You may be facing deportation right now and not know it. Waiting on your wife to become a citizen in 2 years is the wrong way to go about it--you would have to start all over. A competent lawyer can help you keep your GC and even get approved on your citizenship. I know it will not be inexpensive, but it'll be worth it in the end! Try putting your problem on Avvo dot com. The lawyers in your area will reply and you can start browsing possible competent lawyers. Good luck!

[Dare 0]

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.

My wife is not the subject of this case. Set a side her case, since yes she is an immigran but she willbe a citizen in 2 years. Do not worry about that my friend.

Find another lawyer! A GREAT one. Because the advise the first lawyer gave you is not right. You may be facing deportation right now and not know it. Waiting on your wife to become a citizen in 2 years is the wrong way to go about it--you would have to start all over. A competent lawyer can help you keep your GC and even get approved on your citizenship. I know it will not be inexpensive, but it'll be worth it in the end! Try putting your problem on Avvo dot com. The lawyers in your area will reply and you can start browsing possible competent lawyers. Good luck!

Ok, thanks.

:thumbs:Find a great attorney and good luck.

Thanks.

You are damn wrong,they don't have to call you to attend an interview .The law is clear the individual has to inform UScis regarding the divorce and there is anything stating they have to call the individual to attend interview.You screw up big time.Find a good lawyer.We have before in the Vj journey cases like yours and they were denied as well.Good luck.

Thanks for advice.

[bettenan 1]

I sent you a private message in regard to finding an attorney in the Philadelphia area.

Good luck

[JohnR! 5,495]

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)?

Bottom lime is that you are in the wrong. The obligation is yours to inform the USCIS of any change in your status and not the other way around. So, you can believe it is their fault but in reality the responsibility fell squarely on your shoulders. In a nutshell your screwed up and the USCIS has caught up with you. (Just a observation. Not a judgment call.)

Get a lawyer - a good one - as soon as you can and sort out this situation, for it will remain in your file and it will all come right back up to the surface when your wife-to-be files for your residence. This episode will remain in your file and it will be taken into consideration at any further immigration proceedings you may get yourself involved.

Good luck!

[breadedVirus 0]

I'm confused here.

Did you divorce your US spouse or did she divorce you? Why did you get 2 A# and why did you get fingerprints every 6 months? Doesn't make sense.

[Dare 0]

I sent you a private message in regard to finding an attorney in the Philadelphia area.

Good luck

Thanks, i already sent them an email.

[Dare 0]

I'm confused here.

Did you divorce your US spouse or did she divorce you? Why did you get 2 A# and why did you get fingerprints every 6 months? Doesn't make sense.

I filed for divorce, she agreed that i should. As far as two alien numbers, you have to ask that question USCIS. I am not sure either. As far as fingerprints, i had double case (two alien numbers) and had two files and was going on fingerprint almost every six months, some for work permits based on one alien number, and other times connected to the other number. Then for GC with one number and then the other. I am surprised i don't have 2 green cards. It took them almost 3 years to straighten things up.

[Sandra G. 5,016]

Find a good lawyer and he will be able to help you, despite you screwed up,lol. Good luck.

Edited January 24, 2013 by sandranj

[kari81 18]

You need to get an experienced immigration lawyer because it will difficult to get another green card even through your second wife. You should have written USCIS that your first marriage had ended and therefore your application. Your even lucky that they didn't give you to ICE during your attempted naturalization. Also don't try to travel outside the US because your chances for re-entry is very slim. To USCIS,you're now an illegal immigrant. Good luck

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)?

[breadedVirus 0]

So you had 2 different cases processing at once, plus divorcing your US spouse? No wonder your in your current situation.

How long after your divorce did you get your 10 GC?

[Gosia & Tito 199]

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.

Get a good lawyer (or at least get 2-3 opinions from different ones, and I mean good ones). Waiting for your wife and re-file is wishful thinking; you can get in a bigger/deeper problem; remember, your inaction is what got you here.

Up until you filed for citizenship you were ok, but now USCIS can take further administrative action to make your GC void and null. Don't wait for that.

It is irrelevant to blame USCIS, they hold the winning cards in this game; and whether they did their job properly or not is not in question, it is whether you did what is.

[little_dreamer 11]

wow!! sve najboje za vas!!!! a good lawyer is a good idea. I think both you and the USCIS have made some kind of mistakes in this case...and the mess up of USCIS might work in your favor....hire a lawyer because if say..... you wait the 2 years for your wife to get her Citizenship...you might risk getting caught and put in deportation proceeding which may limit you being able to come back....

better to get your case going by the lawyer and straighten it out...you have time and circumstances on your side....