Case moved to fraud department

[geowrian 22,335]

16 minutes ago, CJlove said:

The letter doesn’t say anything about revoking her existing green card, but that she has 30 days to make an appeal for the n400 denial notice. 

That's normal. If they decide to take any action, it would be separate/later. No way to know if they will or won't press the issue.

The GMC refusal would be very difficult to challenge. But that can generally be overcome in time at least.

If there is evidence of prior misrepresentation, then that's the biggest hurdle.

[Going through 5,668]

12 hours ago, CJlove said:

We have an update on this case. She received n400 denial letter based on her moral character and lying under oath. What to do next? 

-She can appeal the N400 decision (although given the reasons for the denial, would be difficult to get the decision overturned, especially if they have proof of her lying under oath about material facts). 

 

-She can renew her GC and live out the rest of her life as a LPR....however keep in mind that USCIS may later move to have her LPR status revoked as the possible fallout from the N400 denial due to fraud finding, especially if they determine her GC was incorrectly approved (due to fraud) as well.

 

Either way, this is no longer a DIY case---she needs to speak to an immigration lawyer.

[Boiler 43,436]

Please keep us updated.

[CJlove 147]

The letter was 8 PAGES LONG. It was personally written by the CO who interviewed my friend. On the letter it said that my friend purposely married for the benefit of the green card. The CO described her previous marriage as a "SHAM and FAKE MARRIAGE." He literally wrote those words. 

 

Now, after talking to few attorneys, she has two options: a) to appeal to revocation of her existing green card; b) appeal to the n400 denial (impossible); and c) just wait to see what the CO would do, meaning he may or may not revoke her existing green card. Many attorneys do not believe that she has a winning case. It is $3000 - $4000 to just to make an appeal. 

 

Another option is to file an appeal from another state. The chances are the CO who interviewed her will not APPEAR at out-of-state court. Anyway, it is hard... 

[Boiler 43,436]

Appeals do not go to a Court.

[Hypnos 6,576]

Well, initial appeals certainly don't.

 

Appealing from another state is also nonsense. There is only one initial formal appeal of a denied N-400 and that is done by submitting an N-336 (with a $700 fee) to USCIS. The office which issued the denial conducts the appeal process as an administrative matter. If the N-336 is denied, then and only then do you have recourse to file an appeal in federal district court — at a cost of $$$$$$$ — but you will need to have extremely compelling evidence to overcome two unfavourable decisions by USCIS.

 

Maybe they will decide not to move to revoke her green card, but that's a big if. It is likely where she needs to concentrate her efforts right now, however.

[Russ&Caro 1,548]

Was there any mention of material misrepresentation within the 8 page letter? If not, she might be safe to simply wait and see if USCIS takes any further action. As stated earlier in the thread, the government has the burden, at this point, to prove that the marriage was a sham which is a taller order if there was no material misrepresentation. If no further action is taken, she might need to be content to remain an LPR.

[CJlove 147]

1 hour ago, Boiler said:

Appeals do not go to a Court.

In this case, you can according to the lawyer.

 

50 minutes ago, Hypnos said:

Well, initial appeals certainly don't.

 

Appealing from another state is also nonsense. There is only one initial formal appeal of a denied N-400 and that is done by submitting an N-336 (with a $700 fee) to USCIS. The office which issued the denial conducts the appeal process as an administrative matter. If the N-336 is denied, then and only then do you have recourse to file an appeal in federal district court — at a cost of $$$$$$$ — but you will need to have extremely compelling evidence to overcome two unfavourable decisions by USCIS.

 

Maybe they will decide not to move to revoke her green card, but that's a big if. It is likely where she needs to concentrate her efforts right now, however.

Yes, it is VERY costly... 

[Boiler 43,436]

Hypnos stated the process, something your friend can check.

[Hypnos 6,576]

As I said above, there is no direct court appeal of a denied N-400. Any court case filed would be denied due to an appeal not yet being ripe and not exhausting administrative remedies first.

 

At this point the denied N-400 is the least of her problems. 

Edited March 14, 2019 by Hypnos

[CJlove 147]

MY friend is awaiting for her revocation of her green card and deportation letter. It’s a waiting death sentence. I’ve never seen someone so afraid and anxious. I can’t imagine what she is going through.... 

[Hypnos 6,576]

USCIS cannot unilaterally revoke her green card. What they can do is ask an immigration judge to do so. 

 

The first step would be her receiving a Notice To Appear in immigration court. If it's going to happen it's likely weeks or months away, and possibly longer than that. 

 

I will add that whatever USCIS believes is immaterial. The only thing that matters is what they can prove. 

Edited March 14, 2019 by Hypnos

[Going through 5,668]

7 hours ago, CJlove said:

The letter was 8 PAGES LONG. It was personally written by the CO who interviewed my friend. On the letter it said that my friend purposely married for the benefit of the green card. The CO described her previous marriage as a "SHAM and FAKE MARRIAGE." He literally wrote those words. 

What was mentioned in the letter in terms of proof/evidence of this that drew the CO to this conclusion?   And can that evidence be overcome by her?

When/if she receives a NTA she'll certainly want to retain a lawyer for that.

[CJlove 147]

3 hours ago, Hypnos said:

The first step would be her receiving a Notice To Appear in immigration court. If it's going to happen it's likely weeks or months away, and possibly longer than that. 

In Hawaii, EVERY immigration case works faster than other states, due to a small population. She got her interview mid-February. Received her 8 page denial letter in 2 weeks. 

[CJlove 147]

57 minutes ago, Going through said:

What was mentioned in the letter in terms of proof/evidence of this that drew the CO to this conclusion?   And can that evidence be overcome by her?

When/if she receives a NTA she'll certainly want to retain a lawyer for that.

I wanted take a photo of it, but out of respect for her I didn’t. But, the proofs are pretty much dates. For an instance:

 

* Let’s say that ABC address is the address she was living with her ex-husband. 

* Dates are an estimate. I can’t remember the exact year. 

 

1. During the interview and on the application for her 10 year GC in 2013, she claimed that she was still living with her husband at ABC address. Received her 10 year GC.

 

2. In fact, 2011 she moved out of ABC address. 

 

3. During the n400 interview in 2019 (last month), she claimed that she moved out of ABC address on 2013 because she found out her husband was cheating on her. When in fact, she moved out on 2011. She lied under oath. 

 

4. She moved to Hawaii 2011. Then filed for divorce on 2013. Soon after she received her 10 year GC.

 

Does this make sense? This is just half of page. There’s 8 page more regrading dates and how her story doesn’t make sense. That is why the officer believed that the marrige was a sham.