Citizenship denial

[gabby76 1]

Has anyone have their citizenship denied? If so, could you share the reason(s) ?

[gabby76 1]

5 minutes ago, gabby76 said:

Has anyone had their citizenship denied? If so, could you share the reason(s) ?

 

[geowrian 22,335]

Plenty of reasons. Some examples:

• Not meeting the physical presence requirements
• Having broken continuous residence by being abroad for 6+ months (in one trip or combined across trips with short visits to the US)
• Lack of Good Moral Character requirement (usually due to criminal activities, tax issues, etc.)
• Not having residence for at least 3 months in a jurisdiction before filing the N-400
• If filing under the 3 year rule, not having a martial union (or not being married at the time of adjudication)
• Failure to meet civics and language requirements
• Refusal to take the Oath of Allegiance (without a waiver for certain clauses)
• Having improperly or incorrectly obtained permanent residency in the first place

[NigeriaorBust 4,087]

  There was a recent denial reported here for a letter sent during a fight during the K1 asking that it be withdrawn and the petition made it through anyway and at the N400 stage they decided the K1 had been improperly issued .   I don't remember the whole thing.   

   A cousin voted for Obama while on the green card,  they are back in Nigeria ( their sibling did the same and is now a USC so it isn't always a denial ) 

 

[geowrian 22,335]

Yeah, I'm aware of the case but won't post names/usernames. Basically, a withdrawal letter was sent during the I-129F petitioning phase, which is supposed to automatically and irrevocably deny or revoke the I-129F petition. However, this never happened and they went on to get the K-1 visa, do AOS, complete ROC, etc. During N-400 adjudication, they noticed the withdrawal letter and claim they were incorrectly granted permanent residency as a result.

 

Yes, a false claim of citizenship is a very, very serious issue and harmful not just to N-400 applicants but can result in LPR status being revoked + being deported with a permanent and unlivable bar of inadmissibility. Generally, registering to vote falls under this, but if one can show they were incorrectly registered (i.e. some DMVs used to do this automatically without asking about citizenship status) then it can be resolved. Actually voting has a strong presumption of a false claim to US citizenship, along with the potential for a severe criminal sentence. Again, one can overcome that presumption.

[gabby76 1]

I am not familiar with all the terminology, for instance aos?  I was just wondering if someone has been gone to the interview and had issues there or after thinking the interview was good, they received a denial letter.  

[Unlockable 7,306]

6 hours ago, geowrian said:

Plenty of reasons. Some examples:

• Not meeting the physical presence requirements
• Having broken continuous residence by being abroad for 6+ months (in one trip or combined across trips with short visits to the US)
• Lack of Good Moral Character requirement (usually due to criminal activities, tax issues, etc.)
• Not having residence for at least 3 months in a jurisdiction before filing the N-400
• If filing under the 3 year rule, not having a martial union (or not being married at the time of adjudication)
• Failure to meet civics and language requirements
• Refusal to take the Oath of Allegiance (without a waiver for certain clauses)
• Having improperly or incorrectly obtained permanent residency in the first place

To add to the already great list above...

• Voting in national and state elections.
• Claims of citizenship.
• Findings of permanent residency was obtained fraudulently.

Edited November 6, 2018 by NuestraUnion

[Going through 5,668]

36 minutes ago, gabby76 said:

I am not familiar with all the terminology, for instance aos?

AOS = Adjustment of Status (when you first file to become a legal resident and receive the 2-year green card)....can also mean Affidavit of Support, depending on how it's used in context.

 

ROC = Removal of Conditions (when you file to receive the 10-year green card)

 

38 minutes ago, gabby76 said:

 I was just wondering if someone has been gone to the interview and had issues there or after thinking the interview was good, they received a denial letter.  

It's happened, yes, for one or more of the various reasons mentioned above after the IO (Immigration Officer) or their supervisor looked things over.

[gabby76 1]

Thanks everyone.  I’m very nervous because I got my 1st green card in 1996 then honestly I forgot and didn’t renew it so in 2011, when I was changing jobs, the new employer called me and told me that my green was expired in 2009. So I went to the immigration office and renewed it.  No issues or problems.   But now I’m worried that they can use that against me.  

Edited November 6, 2018 by gabby76

[geowrian 22,335]

Not an issue. A green card is only evidence of LPR status...forgetting to renew it doesn't lose your status or anything.

[gabby76 1]

I did googled and too many cases and reports on the matter.   In fact in one of the readings, someone was taken to an ice jail.  So not as simple as you think      But thanks anyway