N400 Denial UPDATE! Please advise on issue!

[randomstairs 270]

There is a 5 year statute of limitations for revoking GC based on USCIS error (no fraud involved). Did you get the denial after 5 years of your GC approval? If so, your GC may be safe (unless they claim that you committed a fraud of sorts). If it was their mistake they cannot touch your LPR status after 5 years. Best luck!

[Unlockable 7,306]

12 minutes ago, randomstairs said:

There is a 5 year statute of limitations for revoking GC based on USCIS error (no fraud involved). Did you get the denial after 5 years of your GC approval? If so, your GC may be safe (unless they claim that you committed a fraud of sorts). If it was their mistake they cannot touch your LPR status after 5 years. Best luck!

It was not their mistake.

 

The OP got married when he was not supposed to. Or, if he wanted to get married so bad, he should have reported it to immigration so they could make the proper adjustment.

 

This was not a mistake by immigration, this is all on the OP and is a serious issue.

[nabeel24 3]

5 hours ago, NuestraUnion said:

It was not their mistake.

 

The OP got married when he was not supposed to. Or, if he wanted to get married so bad, he should have reported it to immigration so they could make the proper adjustment.

 

This was not a mistake by immigration, this is all on the OP and is a serious issue.

 

I think you are very quick to blame...wow. On the letter itself, there are a couple of instances where they wrote there was an error. I quoted one line on the first post. I understand this was not fully their error, it's on both sides. When my dad did the 485 through a lawyer I doubt they mentioned to him about the married part since most people don't get married that early. Nonetheless, it happened, it's an error. Although, the paper says the "USCIS erred", I'd say it's an error on both sides and would like to resolve it. 

[nabeel24 3]

5 hours ago, randomstairs said:

There is a 5 year statute of limitations for revoking GC based on USCIS error (no fraud involved). Did you get the denial after 5 years of your GC approval? If so, your GC may be safe (unless they claim that you committed a fraud of sorts). If it was their mistake they cannot touch your LPR status after 5 years. Best luck!

 

I did just read about that once you wrote it. Thank you for mentioning that. They wrote on the paper that this was under: "non-fraud" doctrine and "was obtained by a negligent mistake made by the goverment". That is what they're essentially putting my denial under. 

 

With that said, all signs point to an error made by USCIS, but I'd like to know what I can do to fix it or move forward. I had my work-authorization at that time so I was legal and I am currently married to a US Citizen for five years now. I simply don't want to lose my Green Card status to re-apply and re-do a process. 

[bad4tatt 168]

13 hours ago, nabeel24 said:

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!

Your green card was approved for unmarried child but you were married.  USCIS can at anytime revoke a green card don't matter that it has been 5 years.  The reason you were caught is because you filed N400 and they looked at your file to see if you are even eligible for N400.

[Unlockable 7,306]

28 minutes ago, nabeel24 said:

 

I think you are very quick to blame...wow. On the letter itself, there are a couple of instances where they wrote there was an error. I quoted one line on the first post. I understand this was not fully their error, it's on both sides. When my dad did the 485 through a lawyer I doubt they mentioned to him about the married part since most people don't get married that early. Nonetheless, it happened, it's an error. Although, the paper says the "USCIS erred", I'd say it's an error on both sides and would like to resolve it. 

So it is not your fault. But it is both you and their fault. But it is not your fault?

 

Regardless, even if immigration committed an error also, that doesn't take away the fact that you did also. You made a mistake. This is not to bash you but sometimes when people are informed they did something wrong they take it as a shot at them. This is a lesson learned.

 

If you filed under "Unmarried Son or Daughter" then you have to remain unmarried. If you do decide to get married, you have to notify immigration because you no longer qualify for a visa under that category.

 

Quote

With that said, all signs point to an error made by USCIS, but I'd like to know what I can do to fix it or move forward.

You misunderstand this. USCIS erred by giving you the green card when you were not eligible for it. They are now correcting that mistake. Just because they didn't catch it before doesn't mean you are free to go. If that was the case they wouldn't have denied you.

[Going through 5,668]

1 hour ago, nabeel24 said:

With that said, all signs point to an error made by USCIS,

Actually, all signs point to an error made by you in this case.

You did not remain unmarried before the GC approval.

You did not inform USCIS about your new marital status.

 

The only "error" USCIS had was approving you for the GC when you were otherwise ineligible....but they wouldn't have known you were ineligible because you never informed them of the changes to your personal circumstances before the GC approval.  

 

Have you consulted a lawyer yet?

 

Edited May 17, 2018 by Going through

[Life_love 45]

Sorry about your situation. Like many others have advised, instead of going back and forth on who is to blame...contact a lawyer asap and follow the best options for you.

 

best of luck....I pray all goes well. Amen

[NewOrleansJerry 12]

David Ware is an experienced and excellent immigration attorney.  He has offices in Louisiana (New Orleans and Baton Rouge that we know of) and Alabama.  Good luck to you.

 

Jerry

[randomstairs 270]

If the GC was issued in error (not sure if your honest errors count into that) they cannot rescind your GC if it's been over 5 years since approval: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12583.html

 

Find a lawyer who had experience with such cases and make sure they don't give you unrealistic hope just for the money (be very picky). When you find one, spend all the money you can on them, no matter how much they ask. Best luck!

[geowrian 22,336]

6 minutes ago, randomstairs said:

If the GC was issued in error (not sure if your honest errors count into that) they cannot rescind your GC if it's been over 5 years since approval: https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12583.html

 

Find a lawyer who had experience with such cases and make sure they don't give you unrealistic hope just for the money (be very picky). When you find one, spend all the money you can on them, no matter how much they ask. Best luck!

The statute of limitations has a couple caveats to it, which is where a good lawyer can make an argument. First, it only applies to people who did AOS, not those who went through consular processing. Second, it applies if the mistake was due to USCIS...it does not apply if the mistake was due to the applicant. In this case, it sounds like the mistake was on both parties, which is not a good position to be in IMO. So yes, get a good attorney....USCIS may choose to pursue revocation of permanent residency.

Edited May 17, 2018 by geowrian

[cd37 229]

4 hours ago, nabeel24 said:

 

I think you are very quick to blame...wow. On the letter itself, there are a couple of instances where they wrote there was an error. I quoted one line on the first post. I understand this was not fully their error, it's on both sides. When my dad did the 485 through a lawyer I doubt they mentioned to him about the married part since most people don't get married that early. Nonetheless, it happened, it's an error. Although, the paper says the "USCIS erred", I'd say it's an error on both sides and would like to resolve it. 

I 485 does have question asking if you are married. If you still said you are not married then its really not their error. Your best option is to file thrpugh your spouse.

[Bfree3 132]

48 minutes ago, cd37 said:

I 485 does have question asking if you are married. If you still said you are not married then its really not their error. Your best option is to file thrpugh your spouse.

The op filed through his spouse previously (if I’m not mistaken) which is how he now finds himself in this situation. He filed based on his marriage to a usc instead of 5 year period for gc. 

[cd37 229]

9 minutes ago, Bfree3 said:

The op filed through his spouse previously (if I’m not mistaken) which is how he now finds himself in this situation. He filed based on his marriage to a usc instead of 5 year period for gc. 

Do you generally not read the whole thread before commenting ? op got his green card through his dad. File n400 based on marriage. Op's gc is in question here.

[Bfree3 132]

30 minutes ago, cd37 said:

Do you generally not read the whole thread before commenting ? op got his green card through his dad. File n400 based on marriage. Op's gc is in question here.

We are talking about two different topics obviously. Carry on, as this forum won’t allow me to say what I’d like.