N-400 Denied

[geowrian 22,335]

3 minutes ago, Koki Ali said:

Sir my Petition was truthful. My I-485 Application back in 2009/2010 i

looked at it had no question where it ask if I’ve ever used a different name or anything plus at my I-485 I informed the IO regarding my fake European passport.

them again on the N-400 I told them the truth because it was I who filled this application.

the link to that I-485 Form is here

Okay...so what are the misrepresentations they are claiming?

 

The I-485 back then required a G-325A, which requested all names you have ever used. I don't know the exact date you filed, but the G-325A has been required since before 2009 until only this year (where they integrated it into the I-485).

https://web.archive.org/web/20100225080011/http://www.uscis.gov/files/form/i-485instr.pdf

https://web.archive.org/web/20091229114147/http://www.uscis.gov/files/form/g-325a.pdf

[Koki Ali 0]

32 minutes ago, geowrian said:

Okay...so what are the misrepresentations they are claiming?

 

The I-485 back then required a G-325A, which requested all names you have ever used. I don't know the exact date you filed, but the G-325A has been required since before 2009 until only this year (where they integrated it into the I-485).

https://web.archive.org/web/20100225080011/http://www.uscis.gov/files/form/i-485instr.pdf

https://web.archive.org/web/20091229114147/http://www.uscis.gov/files/form/g-325a.pdf

I applied in 2010 for I-485. The IO at my I-485 Interview was in great hurry I was the last one for the interview around 4:00pm my interview took about 15-18 minutes he particularly asked me for my arrests I gave him my disposition where it clearly said why he took my dispositions from me and hardly even looked at them. And after 7 years now they’re telling me that I did not demonstrate my lawful presence of 3/5 years which is one of the requirements to become citizen.

I swear I had no intentions to hide anything I provided my dispositions and told the truth on my N-400.

Im just burnt up.

Edited September 26, 2017 by Koki Ali

[Going through 5,668]

2 hours ago, Koki Ali said:

I applied in 2010 for I-485. The IO at my I-485 Interview was in great hurry I was the last one for the interview around 4:00pm my interview took about 15-18 minutes he particularly asked me for my arrests I gave him my disposition where it clearly said why he took my dispositions from me and hardly even looked at them. And after 7 years now they’re telling me that I did not demonstrate my lawful presence of 3/5 years which is one of the requirements to become citizen.

I swear I had no intentions to hide anything I provided my dispositions and told the truth on my N-400.

Im just burnt up.

The fact that you fessed up during the N400 doesn't mean that they are under obligation to excuse what happened before.

 

You "did" commit misrepresentation/fraud by entering the States illegally with a fake passport in 1999

You *did* stay in the US illegally until 2003

You *did* commit misrepresentation/fraud a second time by omitting that information on the I-589 application in 2007 

You *did* commit misrepresentation/fraud a third time by omitting that information on the i-485 application in 2010. (even though you told the IO at your interview, your application was submitted without full and true information, from what you've said in this thread)

 

 

Lawful presence of 3/5 years is a requirement to become a citizen, yes, but it's also a requirement that the GC was properly approved beforehand.  It seems in your case it wasn't, and USCIS is just catching up to this now after reviewing your N400 application.

Edited September 26, 2017 by Going through

[Going through 5,668]

3 hours ago, Koki Ali said:

Sir my Petition was truthful. My I-485 Application back in 2009/2010 i

looked at it had no question where it ask if I’ve ever used a different name or anything plus at my I-485 I informed the IO regarding my fake European passport.

them again on the N-400 I told them the truth because it was I who filled this application.

the link to that I-485 Form is here

There is no question about previous names used on the 12/31/2010 version of the  i-485 application, but there are questions about unlawful entry/entering without inspection/previous removal proceedings from the US (assuming you answered "yes" to any of these questions, as you should have, you were required to include a full written explanation of the circumstances with your application).  

 

The G-325A form, which was included in petitions back in 2009/2010 specifically asks about previous names used (legally or illegally).

Edited September 26, 2017 by Going through

[Going through 5,668]

8 hours ago, Koki Ali said:

I spoke to two top Immigration lawyers known for their work from long time. After they read the decision, they advised me not to pursue with that matter for now because on the decision they only denying to grant me for citizenship. And one of the lawyer even said guaranteed I’ll be able to renew my GC with no issues. By the way the IO at my 485 had all the dispositions of those allegations because I actually got arrested in 2010 for using that passport by mutual agent working with DMV/ DHS/ Citizenship. 

I got GC by marrying to US citizen.

Lawyers like to guarantee lots of things.  Unfortunately there is no guarantee of receiving immigration benefits since those two top immigration lawyers you spoke to, don't work for USCIS.

 

Normally, yes, when one is denied citizenship they have no problem renewing their green card and continuing on their merry way as an Legal Permanent Resident.  

When your basis for becoming an LPR may have been approved mistakenly, however, that road is a bit trickier.

 

That's not to say there is no path for you to continue to live/work legally in the US.  If/when USCIS places you in removal proceedings ---- by the way, when you got your denial letter, did it mention anything about removal?---you will have an opportunity to present your case to an Immigration Judge, and your wife will have an opportunity to present her case of extreme hardship she would personally face if you were deported (they don't care about any hardships you would face, only those from the US citizen).

[kris&me 572]

your aplicaation for the green card was not truthful

the lawyer's name is also on this / they don't say to lie or hide it as it is their reputation and livelyhood license to practice in stake

 

you bear the responsibilities here and you will suffer the consciences

denial of renewl of green card will probably be next

so sorry for your family 

i hope you told all this to your wife before marriage so she understood this could happen

so, she is prepared

[sparkles_ 456]

It appears the issues lies in the fact that your GC should not have been approved based on the things you came clean about. That is like pulling the keystone out of something, the rest come stumbling down. You made a choice to enter on a fake passport and all the other bells and whistles. 

 

The N400 is one final time they can sit and review your entire case file from A to Z, for errors, mistakes, etc. You got arrested by someone with DHS using that same passport, you gave all those docs to an IO at your AOS interview. Well, perhaps now they are going to connect the dots of everything you told them back then.

 

You really have done this to yourself. Never, ever lie to USCIS. It is always better to tell the truth from day 1 even if it is a messy truth.

[Lillyrose 0]

I am not sure how it works , but I know that in NJ , Delaware, PA I think is a Law, it calls Garcia ruling , or something like that.

It basically says that after 5 years since green card was granted it can not be taking away even for misrep and fraud .

Not sure, but maybe you should look in to this.Maybe it's time to move to NJ. 

 

[NigeriaorBust 4,087]

9 minutes ago, Lillyrose said:

I am not sure how it works , but I know that in NJ , Delaware, PA I think is a Law, it calls Garcia ruling , or something like that.

It basically says that after 5 years since green card was granted it can not be taking away even for misrep and fraud .

Not sure, but maybe you should look in to this.Maybe it's time to move to NJ. 

 

   Immigration is a federal thing, there is no difference in the law in any regional area nor can a state make laws that  supersede it.

[Andrea&Henry 311]

I don't think you are seeing the big elephant in the room, not only you use a fake passport to enter but you stayed illegally here for 4 years until you move to Canada. The only reason why you were allowed to get the GC besides the obvious reason of your marriage is that they didn't know back then about your previous US stay. So you literally have an automatic ban since the moment they find out what you did. I wouldn't be surprised if they decided to revoked your gc.

 

As everybody states, this definitely not DIY case, hired a good lawyer but I see it as a very very complicated case

[Going through 5,668]

39 minutes ago, Lillyrose said:

I am not sure how it works , but I know that in NJ , Delaware, PA I think is a Law, it calls Garcia ruling , or something like that.

It basically says that after 5 years since green card was granted it can not be taking away even for misrep and fraud .

Not sure, but maybe you should look in to this.Maybe it's time to move to NJ. 

 

The government is not bound by the action set out by the Court for the 3rd Circuit (and it covers only New Jersey).   

 

In any case, even if that DID work, the OP moving all of a sudden to NJ would surely be seen as his attempt to circumvent immigration law... again.

Edited September 26, 2017 by Going through

[Boiler 43,394]

I have seen similar cases, going for Naturalisation in such circumstances was stupid.

 

I assume they are likely to do nothing, you never of course know. Assuming that OP did end up in front of an IJ presumably an application to adjust would be filed this time with an in country waiver which would could be successful. Now of course of he gets into more trouble all bets are off. Or is laws change.

[Koki Ali 0]

4 hours ago, Going through said:

Lawyers like to guarantee lots of things.  Unfortunately there is no guarantee of receiving immigration benefits since those two top immigration lawyers you spoke to, don't work for USCIS.

 

Normally, yes, when one is denied citizenship they have no problem renewing their green card and continuing on their merry way as an Legal Permanent Resident.  

When your basis for becoming an LPR may have been approved mistakenly, however, that road is a bit trickier.

 

That's not to say there is no path for you to continue to live/work legally in the US.  If/when USCIS places you in removal proceedings ---- by the way, when you got your denial letter, did it mention anything about removal?---you will have an opportunity to present your case to an Immigration Judge, and your wife will have an opportunity to present her case of extreme hardship she would personally face if you were deported (they don't care about any hardships you would face, only those from the US citizen).

No mention of removal. They said because I didn’t demonstrate my lawful presence for 3/5 years which is one of the requirement to be legible for Naturalization.

[Going through 5,668]

6 minutes ago, Koki Ali said:

No mention of removal. They said because I didn’t demonstrate my lawful presence for 3/5 years which is one of the requirement to be legible for Naturalization.

On the denial letter, does is state any sort of numbers, or Immigration law act?

 

 

[Boiler 43,394]

32 minutes ago, Koki Ali said:

No mention of removal. They said because I didn’t demonstrate my lawful presence for 3/5 years which is one of the requirement to be legible for Naturalization.

That is all they needed to do, the rest is another issue.