N-400 in Limbo. Came on IR4 but adoption not finalized

[NigeriaorBust 4,088]

It how they are reading the check list for approving you. The point about valid immigrant status. Everything they are reading days the F4 MUST complete the adoption. So they asked for the paper expecting it was just an omission on your part , and are now held up for lack of any guidance on what to do when it doesn't exist. You may be able to help by finding cases that have already dealt with this. Other wise they will probably make a decision on what they have read and you have to go through the wait and expense of raising the issue further. Have you considered a consult with a highly ranked specialist in this kind of case ? It would probably be a good investment.

[Saml7 0]

Hi NigeriaBust,

I unfortunately dumped about 5,000 dollars on 2 attorneys who were nothing short of worthless. The first one stared at the IO and didn't utter a word and just said he doesn't know what to do. He wanted more money so he could do "research". The second one just sent the response and said I have to wait for eternity. I just can't afford a lawyer anymore. I kind of lost trust in them

Sam

[Hypnos 6,579]

You may wish to post over at http://www.avvo.com where you can get attorney answers for free. You might even get lucky and be answered by Carl Shusterman, considered one of the best immigration attorneys in the country, since he answers a lot over there.

Edited September 25, 2015 by Hypnos

[Villanelle 4,125]

I know this isnt "offical" from USCIS but heres a page with some relevant info-

https://smallworldadoption.com/faq-2/citizenship/

"It’s important to understand that there were 3 separate and distinct processes to be completed:

1. The adoption of your child was completed in your child’s country of origin and makes that child your legal responsibility and heir.

2. The re-adoption of your child would have been completed in your local superior court after you returned home from adopting the child; this provides you with a Final Decree of Adoption.

3. The citizenship application process goes through Citizenship & Immigration Services (CIS), formerly known as Immigration & Naturalization Services (INS) and makes your child a United States citizen with all the rights and responsibilities thereof.

...If you discover that you did not complete these processes, you can still do it no matter how long ago your adoption was completed as long as your child is still under 18 years old....

If your child turns 18 without already being a US citizen, he or she is considered an immigrant and has to apply the old-fashioned way, take a test, and swear an oath, the whole nine yards.

If you are already in this situation, encourage your young adult child to begin this process as quickly as possible; there is usually a waiting list to even begin, and until he or she becomes a citizen, they will not be able to vote, enlist in the military, or apply for certain jobs that are all rights reserved for United States citizens."

So I agree with Hypnos- there is nothing that says you can not apply the old fashioned way. I can also see where the IO is getting hung up- but I think that with further review they will see theres nothing stopping you from applying the old fashioned way and getting approved. I would just add that if you read some threads people with no issues are waiting excessive amounts of time so 90 days is psssh. The only options are to file the suit as suggested or be patient and prepared to wait it out.

[Anh map 2,098]

An experienced, qualified attorney is going to be your best resource. From what you've stated, your present /past attorneys were neither. You need someone that has been through this before. Not someone who will research it. This attorney does not have to be local to you. Get the right person to guide you through this.

[Saml7 0]

Hello everyone,

Update on this case. My N-400 was denied. I am still waiting for the official notice with the reason. But I know that the reason for denial is a lack of adoption decree (due to not finalizing the adoption in the states).

Can anyone tell me a good immigration attorney that can help me with the appeal process? They can be anywhere in the USA. I heard about Carl Shusterman. Please let me know if there are any others that you think are knowledgeable, so that I can start making calls. Thank you.

Sam

[Hypnos 6,579]

Carl Shusterman may be the best immigration attorney working in the US right now, though he is likely also one of the most expensive.

Other attorneys that seem well-regarded here include Laurel Scott, and Lizz Cannon.

You may also wish to post over at http://immigrate2us.net as their members have more knowledge of non-straightforward cases.

Edited November 11, 2015 by Hypnos

[Saml7 0]

Thank you Hypnos. I am about to schedule a consultation with Carl Shusterman. I came this far. Might as well take it all the way. I just can't digest the fact that the USCIS can blatantly deny the case even though I have satisfied every requirement for Naturalization. Sure, they are stuck up on the words. I've also consulted other attorneys and they agree that an adoption is not a prerequisite for maintaining a lawful permanent resident status. My uncle violated the law by not finalizing it. But I was admitted as a Lawful Permanent Resident because of the IR-4 visa, and there is no law that renders this status unlawful based on the adoption status.

Since intent is the key here, it's like someone who enters the U.S.A based on an Student (F1) visa, which has a requirement of proving non-immigrant intent to obtain the visa in the first place. However, a number of students convert their status to an H1, and subsequently a green card, and then to Citizenship through Naturalization. In this case, isn't the original intent for admission to U.S.A violated upon applying for a change of status, and that their original "admission was otherwise not in compliance with the law"? I don't see them getting denied and being told that their student status was unlawful since the intent was violated upon applying for the status change.They are approved if they independently establish eligibility for the new status. This means that when a student applies for a change of status, his student status doesn't become unlawful

The same situation can be applied to my case. Yes the intent was to finalize the adoption. However, it was not done. If my status is unlawful, then the students eventually applying for naturalization have entered the U.S unlawfully as well and their student visas should not have been issued due to the violation of the intention of the student visa. I independently established eligibility for Naturalization, and hence I should be able to have this approved.

I am willing to fight for this all the way to obtain the Citizenship that I deserve. Being a citizen is also about standing up for your rights, and I don't intend to back down from it. I will keep you guys updated on my progress.

[Hypnos 6,579]

Good luck. IANAL but on its face I think you have a good case. Fortunately you have legal options when it comes to USCIS denying an N-400.

[hsg777 0]

Hey man, I have similar kind of situation. Did you get any resolution yet?

[Saml7 0]

No resolution yet. I hired Carl Shusterman as my attorney. He is currently reviewing my immigration file to see if anything can be done regarding this situation. I did understand one thing though. This will be an uphill battle. But I have the best attorney, so that is comforting.

[Villanelle 4,125]

Sorry to hear this Saml. I dont have any recommendations. Tbone usually posts a link to a firm he is satisfied with. Beyond that I would contact your local bar association as they can give a referral.