N-400 Denied

[Private One 44]

@Koki Ali: Your only hope of staying in the US and not living in the shadows lies with immigration court. You may have a slim chance at a successful 601 waiver application but you will have to be placed in deportation proceedings first. 

 

Read: Extreme Hardship and the 601 Waiver: Can I Avoid Deportation? I really need to stress that your chances here are very slim at best. Some people purposely get themselves in immigration court to take a shot at this but I would advise that you wait to see what if anything will be done about your situation and use that defense. 

 

You mentioned your debt. That's a level 4 qualifier for a 601 waiver.

 

Quote

"Level 4: Relative would not be able to pay debts by moving abroad..."

Good Luck!

 

Oh...I should have mentioned that most of the comments/replies here are pretty much on point. 

Also, constructive criticism or more acurate info/corrections in relation to this reply is welcomed.

Edited September 26, 2017 by Private One

[f f 725]

forgetting the use of a fake passport.

did you get a waver for unlawful presence since you would of had a 10 year bar that would have lasted till 2013 and you hot your greencard in 2007. since even though they let you get a greencard you still entered with a 10 year bar that was not finished, even if they did not catch it then you still entered while having a ban and they can use it against you.

[Shauneg 762]

I hear Canada welcomes everyone with open arms.  Enjoy...

[BigDaddy28 228]

8 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.

It sounds like you chose to come here illegally, live here illegally which include working here illegally. You chose to declare that you are a citizen of country you don't even have a relationship to. 

If I was an immigration judge I would've denied your case in a hear bit. Just because now you have your sense and you married a citizen and you have a US citizen kid doesn't mean that you are guaranteed to stay here. 

People like you make it hard for the genuine immigrants. So hard that people get upset they have to stay away from their family in some cases for 20 years. 

 

My advice: Don't file nothing, not even an appeal. You poked the bear right now and you better hope he is not smelling honey on you and try to get you. 

When it comes to renewing your green card get ready for process that you will be grilled for awhile to renew your green card. Thats if USCIS did not determine to take further processing right now to revoke your green card for dishonesty and lying to an officer to get an immigration benefit. 

 

 

By the way, I would start working right now on getting ready for evidence and reasons you shouldn't be deported in case that comes up in the future. 

[Cathi 5,610]

14 hours ago, Koki Ali said:

99 entered with fake passport in Florida
Stayed till 2003 then left to Canada using my real name
Stayed Canada till 2007. Came back in 2007 with real name got admitted at Seattle held in detention bonded out applied I-589 failed to mention the fake document entry lawyer prepared didn't even ask.
Got married in 2008 petition approved didn't mention again previous Florida entry lawyer filled the application didn't ask me about that entry. 2012 got Green Card.
2017 applied for N-400 told all the truth starting from the illegal fake document entry till now because this time I filled the N-400 form.
Got denied that I did not file for I-601 when it was available to me around Green Card application time. Unlawful presence more than a year and misrepresentation are the allegations.
Most lawyers told me to burry this matter keep living as a resident. Lay low all my life, and don't travel might be a flag on my GC/ file.
I have citizen wife two citizen kids financial debt of $300k been paying taxes since.
I feel like I'm contained like a virus.
Any advise from the experience person in such matter will be appreciated.
Thanks

Why would an attorney ask about misrepresentation that he/she wasn't aware of?  It was your responsibility to tell the truth on the forms and the fact that you lied is on you, not on any attorney. 

[Koki Ali 0]

2 hours ago, Going through said:

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

 

 

Refer to INA 212

Edited September 26, 2017 by Koki Ali

[sparkles_ 456]

15 minutes ago, Koki Ali said:

Refer to INA 212

Any subsection of 212, like 212 (a) for example?

 

If not, it just lists the many ways an alien can be deemed inadmissible.

 

 

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

[Koki Ali 0]

6 minutes ago, sparkles_ said:

Any subsection of 212, like 212 (a) for example?

 

If not, it just lists the many ways an alien can be deemed inadmissible.

 

 

INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

C and B

[sparkles_ 456]

You got the 212 b and c because you entered the USA on a fake passport, overstayed on that, then left again triggering a ban for 10 years. You somehow managed to get a greencard when you NEVER should have gotten one. The oversight, be it on USCIS or you not telling the truth, has been caught at the last checkpoint. 

 

Your card would either be revoked, or you won't be able to renew it again. Because USCIS now knows you never should have gotten it in the first place. 

[Private One 44]

6 minutes ago, sparkles_ said:

You got the 212 b and c because you entered the USA on a fake passport, overstayed on that, then left again triggering a ban for 10 years. You somehow managed to get a greencard when you NEVER should have gotten one. The oversight, be it on USCIS or you not telling the truth, has been caught at the last checkpoint. 

 

Your card would either be revoked, or you won't be able to renew it again. Because USCIS now knows you never should have gotten it in the first place. 

That's right. Doesn't matter who is responsible for the oversight. You could have been as honest and forthcoming as possible and it would not have made a difference. 

 

@Koki Ali: A lot of what's being said here isn't what you want to hear but it's the truth. You're pretty much out of options. Your best hope right now is another oversight. A situation where they do not take steps to revoke your Green Card and keep issuing renewals unaware of your ineligibility because somebody screwed up the paperwork again. Your other option would be what I mentioned before. A 601 waiver based on the grounds that your deportation will create severe economic hardship for a US citizen (wife and kid). Using the forth recognized level as a qualifier for those grounds is weak but hey...a slim chance is better than nothing.

 

Be on the lookout for notices and hope that you do not get the dreaded Notice to Appear. If you do, don't ignore it...doing nothing makes deportation easier. It will speed up a process that could take years. 

[BenjaminKeating 114]

As most have said, removal proceedings to deport you can take years.

 

I would use that time to hire a very good Immigration Attorney to try and get your case straightened up to give you the best shot if and when you get put in front of an immigration judge.

 

Regardless of whether USCIS messed up or not by giving you a Green Card is irrelevant; they have the right to revoke at any point without reason. However, with you they have many reasons. Illegally entering the US, illegally overstaying, illegally gaining immigration benefits (permanent residency via your Green Card).

 

I hope you have deep pockets as a good Immigration Attorney is going to charge you a lot of money for this...

[vick720 0]

No need to worry  a lot, It won't solve this problem.

Worst case : you need to apply 601 waiver. Make sure your 601 waiver is strong. When approved you may need to go to Bangladesh to get stamped maybe.

[f f 725]

3 minutes ago, vick720 said:

No need to worry  a lot, It won't solve this problem.

Worst case : you need to apply 601 waiver. Make sure your 601 waiver is strong. When approved you may need to go to Bangladesh to get stamped maybe.

worst case is he gets deported with a lifetime ban.

this is not just using a false passport.

this is not just an overstay of over a year.

this is not just entering the us with an unexpired ban.

this is not omitting material facts on a green card application.

this is all four of these problems and 3/4 of them are quite serious.

[GC2010 7]

come on guys/gals all of y'all keep telling him about getting deported an all that #######, number one if he was going to get deported they would a take away is green card right there after his citizen interview, look you made a big mistake in the past and you still ending up getting your green card, you try to be honest in hope it will get you citizenship but it didn't, so please stop letting ppl on here scared u anymore than u already is scared just do what your lawyer said and just don't follow up with the citizenship an just whenever time for your green card to renew just renew it, as long as you still have you green card in hand you still have legal status until they request you to return it.

[BenjaminKeating 114]

20 minutes ago, GC2010 said:

come on guys/gals all of y'all keep telling him about getting deported an all that #######, number one if he was going to get deported they would a take away is green card right there after his citizen interview, look you made a big mistake in the past and you still ending up getting your green card, you try to be honest in hope it will get you citizenship but it didn't, so please stop letting ppl on here scared u anymore than u already is scared just do what your lawyer said and just don't follow up with the citizenship an just whenever time for your green card to renew just renew it, as long as you still have you green card in hand you still have legal status until they request you to return it.

No... They wouldn't....

 

You have to go through a judicial process regardless of who you are and what you have done so please don't give out false information as it is misleading for others.