N400 Denial UPDATE! Please advise on issue!

[nabeel24 3]

Hey everyone! Hope everyone is having a great day!

 

So this is an update to my post I made a few days ago regarding denial of my N400. I'll post details below and will ask anyone who can help or give me advice to please to do so as I'm in a very sticky situation now. 

 

N400 Denial Letter:

- USCIS said I was denied because I had initially received my Green Card as an "Unmarried child of a skilled worker in immigrant classification E30."

- I received my Green Card on 03/2013.... I got married in 01/2013.. I obviously did not know this would cause ANY issue at all but here we are. 

- The USCIS letter states: "Based of the foregoing, you were no longer a child, and USCIS erred when it approved your I-485 application on March 12, 2013. " (Essentially states I received my Green Card Unlawfully...)

 

I already set up an infopass appointment 2 weeks out. The letter does not say my Green Card is being rescinded nor do I know if it will be or what in general is going to happen. I called the USCIS line and the person was surprised at the denial and also that they're noticing it 5 years later and denying me for it. 

 

I am extremely worried at what will happen now... I have a feeling USCIS won't fix this and on top of that what my Green Card status will be along with how I'll get a Citizenship in the near future. I just don't understand how or what they will do and it has been FIVE years! Not sure if they'll take away my GC and tell me to apply again with my USC wife or what it will be. My current job depends on the fact that I have a Green Card as it is a govt. job. 

 

If anyone has any advice at all... or faced any situation similar to this, please provide any advice. Thank you for the help!

[cd37 229]

Looks like when you applied for AoS, you were no longer eligible for "unmarried" category since you got married before AOS filling.

Do you have attorney ? If not time to get one.

Edited May 16, 2018 by cd37

[bsp 32]

Oh, wow this is way more complex than I think any of us thought based on your original post.  I hate to say this, but your best bet is to get an experienced immigration attorney ASAP as this is one of those cases where any of us giving advice on the forum would likely be making it up.  Good luck and I hope it all works out for you.

[cd37 229]

Hire an attorney immediately and be prepared to file through your spouse in worst case. I feel sorry for you. You made no mistake and you are in this situation.

I am just wondering if this letter invalidates your GC. Hope somebody here with similar situation help you on this.

Edited May 17, 2018 by cd37

[CarlHamilton 252]

At what age did you get your green card?

[nabeel24 3]

2 minutes ago, shomer said:

At what age did you get your green card?

 

I was 21 years old.

[CarlHamilton 252]

2 minutes ago, nabeel24 said:

 

I was 21 years old.

So clearly not a child.  Why is it a surprise that you weren't eligible for a child green card?  A lawyer is a must.

[Going through 5,668]

25 minutes ago, nabeel24 said:

 

I was 21 years old.

 

1 hour ago, nabeel24 said:

- The USCIS letter states: "Based of the foregoing, you were no longer a child, and USCIS erred when it approved your I-485 application on March 12, 2013. "

USCIS is correct in that you were not considered a child due to your age.

 

 

1 hour ago, nabeel24 said:

I called the USCIS line and the person was surprised at the denial and also that they're noticing it 5 years later and denying me for it. 

The N400 is the final step with USCIS--it's their last chance to make sure every step along the way was in accordance to immigration law/rules during the adjudication.  Part of the adjudication process for the N400 is looking back to see if the initial GC was correctly approved, thus allowing for one's naturalization to be approved, so not too much of a surprise that they didn't catch it until your interview.

 

If the person you spoke to was just the regular customer service person who answers the phone (instead of being transferred to an actual L2 immigration officer) they normally don't know much about the immigration process outside of providing generic information.

 

 

Can you paste the letter in  this thread (removing all personal info) so members can get a better idea of what they are fully stating in it?

Edited May 17, 2018 by Going through

[Pinkrlion 2,607]

When you got married, you nullified the I-485, plus u did not report the marriage, so u face a misrep.  Forget about citizenship worry about keeping you green card.

[geowrian 22,335]

Being 21 probably wasn't the issue...I'm assuming either they were under 21 when the PD became current OR they were covered by CSPA. If that was the issue, I would expect them to have noted it in the denial letter.

 

The marriage issue, however, is a very serious issue. It's time to lawyer up and open the pocket books...you very well may be facing removal proceedings in the future if they decide to pursue the issue since they are now aware of it. You were not actually eligible for the green card, so they are within the law to move for its revocation. Be sure to get good representation. Best wishes.

[CarlHamilton 252]

10 minutes ago, geowrian said:

Being 21 probably wasn't the issue...I'm assuming either they were under 21 when the PD became current OR they were covered by CSPA. If that was the issue, I would expect them to have noted it in the denial letter.

It was noted in the denial letter: "The USCIS letter states: "Based of the foregoing, you were no longer a child [...]"

[Going through 5,668]

4 minutes ago, shomer said:

It was noted in the denial letter: "The USCIS letter states: "Based of the foregoing, you were no longer a child [...]"

It's a bit of both, really, because OP also needed to remain unmarried at the time of approval be eligible.

[geowrian 22,335]

The reason I noted the age piece is that they easily had all the DOB info and would know the recipient's age. They are very unlikely to miss that. The change in marital status, however, sounds like it wasn't known to them at the time.

[cd37 229]

8 minutes ago, Going through said:

It's a bit of both, really, because OP also needed to remain unmarried at the time of approval be eligible.

Agreed. He got married before AoS completion which invalidates application.

[KeratNY 76]

2 hours ago, nabeel24 said:

I have a feeling USCIS won't fix this

Unfortunately, I think there is nothing to fix since I believe they are correct in their assessment that they erred by giving you a green card. Your age is not the issue (your PD was before 21), it is the married part since "unmarried child" is the requirement. I also believe you need a lawyer. I believe the guy I used is the best family based visa guy in the business so PM me if you want his info. Lastly, I hope your spouse is a USC as that may be your only/best recourse.