N-400 denial because of immigration error!!!

[DC85 113]

Unfortunately USCIS can reverse any decisions they have made based on an error, even if it was their error to begin with.

I suspect you will have no other option but to re-file for citizenship once you become properly eligible.

My dear Hypnos,

You are right but some mistakes are executive Branch errors and they can ordered to be fixed and the plaintiff can get his/her rights in court. Let's assume the OP get her GC and she was not eligible for it ! In such a case uscis won't hold accountable for this error. See how the Supreme Court decision in the gay people case !!

[DC85 113]

yes... it took me a year to get it but finally I did... and I am sure they had to go in the system and change the date (just like they need to do with yours) that states "resident since" on the GC.... these are very unique cases, but it is your right.... we pay so much and we do things the correct way and the way they expect us to, now we expect from them professionalism and accurateness when processing our documents... and now I imagine things have gotten better... I remember I only paid like $300 for my I485 and like $400 for my citizenship.... things are now way different... keep us posted.... I will add you as friends and we can keep in touch....

You are great inspiration and it can show that when u believe in what u r doing you will succeed.

[DC85 113]

Dear Silentbeauty,

I think 30 years ago the n400 fees was $ 25 and it used to be completed in 30 days. Now we pay all these money to find people were not trained at their jobs !! They screw our lives And at end you hear SORRY !! Most of people who go over the naturalization they read what's the rule of law !! That's why we have 3 branches in the govt!!! Finally , be sure even the supervisor wants to cover this issue, because they are more than 200 cases and this will cause a lot of trouble to who ever in charge! Just flight for it and even if u don't have a lot of money there are a lot of ways it can help you to go to court and get what u deserve. Please let's keep in touch and I wish u all the best I can give u some websites which can help even if u decided to file a case by yourself in the federal court.

[Silentbeauty 3]

wow $25,i think its $685 or something like that to file now.yeah all I got was sorry and theres noting else they can do n quickly rushed me out the office.i was just shocked because if wouldn't leave and demand some kind of information,i was gonna ask if it wasn't my right to my own information but I was just so shocked I left.they should atleast notify the 100s of people that filed got messed up,atleast aware us but they obviously didn't wanna bother doing all that.it would be much easier knowning that happened before than sit 3 years and wait only to be told ooh the IO messed up the dates.i know am not the first inline to know about what happened because she told me other ppl was in the situation so atleast they could have gone over other peoples file that he interviewed and notify them. I mean if hes new,shouldnt there be a supervisor with him or even a supervisor going over the case that he did,oh boy,just sad situation. yes I would love the websites.thank you alot

myafi I appreciate your response and everyone else. you already got your citizenship and your here trying to help others,thats really good.thank you.

[Silentbeauty 3]

How can I edit my post ,the date should be 4.20.2010

[DC85 113]

How can I edit my post ,the date should be 4.20.2010

I think after a certain time , you can't edit the post. btw, I still have 1.5 years to apply for citizenship. however, I have an interest in the immigration law , and I read alot about it. best of luck

[Silentbeauty 3]

Ooh so u have your 10 year greencard now?

[DC85 113]

wow $25,i think its $685 or something like that to file now.yeah all I got was sorry and theres noting else they can do n quickly rushed me out the office.i was just shocked because if wouldn't leave and demand some kind of information,i was gonna ask if it wasn't my right to my own information but I was just so shocked I left.they should atleast notify the 100s of people that filed got messed up,atleast aware us but they obviously didn't wanna bother doing all that.it would be much easier knowning that happened before than sit 3 years and wait only to be told ooh the IO messed up the dates.i know am not the first inline to know about what happened because she told me other ppl was in the situation so atleast they could have gone over other peoples file that he interviewed and notify them. I mean if hes new,shouldnt there be a supervisor with him or even a supervisor going over the case that he did,oh boy,just sad situation. yes I would love the websites.thank you alot

myafi I appreciate your response and everyone else. you already got your citizenship and your here trying to help others,thats really good.thank you.

You know why they didn't inform all people together, because they don't want to create a movement against the field office which will reach the superiors, and then they will have an audit for their paper work. So, they tell each one at time to absorb the people's anger. Poor people will just accept that fact and re-file, and that's a mistake. Remember that u filed everything on time and u didn’t break any law. It’s their responsibility to fix the problems

Ooh so u have your 10 year greencard now?

NO , I have a conditional GC, I will be lefting the condtion next march

[Silentbeauty 3]

Just called the senator and she said she's gonna send me out some release form so she can take the case and contact immigration on my behalf.guess that's a start. I'm hoping I get the denial letter soon so that I can see the explanation for the error because the IO said she's gonna write a letter with the denial notice.hopefully she remember to write it since that office can't remember to do anything.if I don't get the letter in like 2weeks am gonna make an info pass.it took them 9months after the interview to send my greencard so am not gonna wait around .the thing is ,they always say wait 30days,when 30days come,wait 60days and they won't help you until u pass those days.

[Silentbeauty 3]

Ooh ok,well you can lift it within 90 days before it expires.well you probably know that,lol.these dates and times I have no faith in.i was reading someone filed the 90 days before and they got an interview before the card expires n they got denied.good luck in removing it,yours will def go thru smooth,I wish this on no one to go through this,it's frustrating.

[Silentbeauty 3]

The IO asked if I filed to remove the 2year condition.like really??? Lol if I didn't I wouldn't have the 10 year card that she had in her hand.she said oh I don't see where you removed it and I told her yes I did and she went in the office for my other file and said oh yes here it is.they are not organized,what if she didn't find the paper that showed I removed my condition although I had both my greencards there,then she would deny me triple times.oh boy!!

[psiprez 3]

I understand how frustrated you are, but no need to worry.
There are two ways of handling this, neither will get you deported:

1. Refile as instructed by the IO. (this is the easiest, and maybe quickest, option... but will cost you another $680)

2. Fight for a reversal of the original decision. (lots of stress and frustration, might take longer... might save you from paying another $680)

I'm not quite sure the best way to fight would be, but the Ombudsmen seems like a good bet.

[*Snowdrop* 604]

I think I understand the OP's plight.....

1. Married - April 2009

2. AOS interview - April 20, 2010

3. Conditional Card - Recieved in January 2011 but dated April 20, 2010 - April 20, 2012

4. Applied to remove conditions in January 2012 (approved without mistake being noticed)

5. Applied for citizenship Jun 2013

6. Interview Spetember 2013 - Denied for incorrect filing dates

It seems the original conditional card was dated April 20, 2010 when it should have been dated for sometime in January 2011 (what is written in her file as the true approval date). Because of this mistake which the OP would have no way of knowing occured, everything was subsequently done 9 months ahead of when it should have really happened.

This situation really is unfair. If you do have to go through the whole process again I would recommend that you apply for every fee waiver possible so you don't have to pay all over again for what may be unavoidable, but is not your fault. Beyond that I'm not sure what kind of advice to give. I'm so sorry you are going through this and I hope everything works out in your favor.

So can someone clarify something about how the Greencard is dated / legal residence begins when doing the AOS process.

I did the CR1 and my greencard is dated for my POE - even though I got the actual card a few months after that.

If you are approved at the AOS interview - is that the start of your legal residence? In which case the OPs card is correct, her approval date should not be when they managed to get the card sent out.

It looks like the mistake is the later date being in the file.

If you can prove when the interview was, and from the notes prove it was approved at the interview you have the date you need and you did everything correctly.

Or is the mistake that the interviewing officer did not actually make the approval until 9 months later? If he simply put the wrong date in the file 9 months later I don't see why it can't be corrected.

[Harpa Timsah 13,258]

So can someone clarify something about how the Greencard is dated / legal residence begins when doing the AOS process.

I did the CR1 and my greencard is dated for my POE - even though I got the actual card a few months after that.

If you are approved at the AOS interview - is that the start of your legal residence? In which case the OPs card is correct, her approval date should not be when they managed to get the card sent out.

It looks like the mistake is the later date being in the file.

If you can prove when the interview was, and from the notes prove it was approved at the interview you have the date you need and you did everything correctly.

Or is the mistake that the interviewing officer did not actually make the approval until 9 months later? If he simply put the wrong date in the file 9 months later I don't see why it can't be corrected.

For a CR-1 your LPR status is triggered at POE and you can get an endorsement on your visa or an I-551 stamp as proof of that.

For AOS the date you are approved is the date you are given LPR status. Not all approvals are given at the interview. The OP had an interview in April but was not approved at the interview. She was only approved 9 months later (this is a common occurrence, extra name checks, in-country AP, etc). Her LPR status only starts when she was approved which was some time in January 2011, not April 2010.

[Silentbeauty 3]

@ psiprez,I'm waiting on the actual denial letter in hand to see the explanation .im gonna appeal it because it was there mistake,hopefully I'll win the appeal.i thought I was done with immigration but have to refile again.the thing is if I didn't have to file for the i756 again,I would just refile and pay but because they messed up the dates,it affected the time that I removed 2 yr condition .so basically they said I filed too early to remove the 2years condition and filed too early for citizenship. All my dates are correct for filing time but there dates are wrong so I have to suffer for there mistake.the IO was telling me that I have to refile to remove my condition plus refile for my citizenship.so I'm basically starting from scratch!!! they should have seen the mistake when I applied for my 10yrs card and not have me wait 3years. I understand that the IO that interviewed me was new as she said but they should have a supervisor going over his work,than having him making the same mistake on hundreds of cases.