N-400-interview gone bad

[Dashinka 25,833]

59 minutes ago, Stevo1979 said:

I get you but it is very  obvious there must have been some type of deliberate or indeliberate negligence and the law should not be retroactive

If  USCIS has either out of their own making because they sure are culpable in this case issued immigration benefit to an applicant they should not be withdrawing it  years later unless it was an outright case of immigration fraud

 

 

So if an applicant purposefully misrepresents their information and a GC is issued, they should be home free?  I am not saying this is the case here as the information provided by the OP is scant, but if there was misrepresentation by the OP or their attorney, then it can be and should be corrected when it is discovered. 

 

To the OP, hopefully your attorney can shed some light on your overall situation.

 

Good Luck!

[Stevo1979 71]

18 minutes ago, Bill & Katya said:

So if an applicant purposefully misrepresents their information and a GC is issued, they should be home free?  I am not saying this is the case here as the information provided by the OP is scant, but if there was misrepresentation by the OP or their attorney, then it can be and should be corrected when it is discovered. 

 

To the OP, hopefully your attorney can shed some light on your overall situation.

 

Good Luck!

. . . like I said, if immigration fraud was not committed and it was an oversight from USCIS then they should bear the brunt

Edited September 13, 2019 by Stevo1979

[inneedofmyhb 217]

16 minutes ago, Bill & Katya said:

So if an applicant purposefully misrepresents their information and a GC is issued, they should be home free?  I am not saying this is the case here as the information provided by the OP is scant, but if there was misrepresentation by the OP or their attorney, then it can be and should be corrected when it is discovered. 

 

To the OP, hopefully your attorney can shed some light on your overall situation.

 

Good Luck!

If the OP wasn’t honest years ago, no they shouldn’t be able to walk free. However, if USCIS missed something that is not considered misrep/fraud, then yes the OP should be given the opportunity to fix the problem and not be immediately threatened with deportation. In this case though, something’s not right. 

[geowrian 22,339]

1 hour ago, Stevo1979 said:

I get you but it is very  obvious there must have been some type of deliberate or indeliberate negligence and the law should not be retroactive

If  USCIS has either out of their own making because they sure are culpable in this case issued immigration benefit to an applicant they should not be withdrawing it  years later unless it was an outright case of immigration fraud

There is a 5 year statute of limitations for this stuff for most reasons. Not all. A clerical or administrative error can usually be overcome, although does not guarantee the naturalization application will be approved either.

It does not cover fraud or misrepresentation.

 

It's impossible to know if the issue here is even an actual issue (no decision has been made yet) nor is anybody able to provide much input with such scarce details.

If OP entered illegally, then generally they are ineligible for AOS (the timing implies they possibly could have fallen under 245(i)). It's possible an IO just completely overlooked this, but that would be a very long shot IMHO...there's almost certainly much more to the story and what was stated on the I-485 or in the interview....or in documents provided.

 

=====

 

Details are needed. A timeline from entry to AOS approved would go a long way.

What exactly did the IO say you needed a waiver for?

[azblk 338]

1 minute ago, geowrian said:

If OP entered illegally, then generally they are ineligible for AOS (the timing implies they possibly could have fallen under 245(i)).

 

This is the only possible explanation

[mangu1975 0]

geowrian

i think io was looking for 212h and i 601 waiver that was never filed by the law firm. because it was never ask at the interview at AOS. waiver was ready and prepared and i was never ask to filed one i accompany the attorney with me when i did my AOS.

Edited September 13, 2019 by mangu1975

[carmel34 3,741]

4 hours ago, mangu1975 said:

i enter the country with out visa or passport. in 1996 and got caught by airport officer. and transferred me to detention center.  

 

4 hours ago, Nat&Amy said:

It is very hard to provide you with any good advice if you only give us fragments of your story. You were transferred to a detention center and then what? Did you ever appear before an Immigration Judge? Were you issued an order of deportation? When filling out the i485, were you 100% honest in all the questions? It surprises me your i485 was even accepted if you could not provide evidence of being inspected and admitted to the country, but I am not really well versed in how much the process has changed since 2014...

OP did not answer these very important questions and was silent after they were asked other than saying an attorney will be needed.  It sounds like many years of unlawful stay in the US which would incur a ban which is why the IO at the citizenship interview asked about the waiver filed to get LPR status in 2014.  Even a good attorney will have a difficult time helping OP to be successful this case...  OP may have to leave the country and go through the immigration process abroad if a waiver is possible now for the unlawful presence ban.

Edited September 13, 2019 by carmel34

[Pinkrlion 2,725]

I have read with the 5 year statute of limitations, that the person kept their GC status, but can never apply for Citizenship.

[RamonGomez 272]

How did your original lawyer not catch any of this? I'm surprised he/she would represent you if you had not legitimate basis to AOS from. Unless I'm totally missing something, which I may be.

Edit: Now I see a waiver was prepared but never submitted because USCIS forgot to ask about it. I'm surprised your attorney would've brushed this off so easily...

Edited September 13, 2019 by RamonGomez

[Cathi 5,849]

1 hour ago, RamonGomez said:

How did your original lawyer not catch any of this? I'm surprised he/she would represent you if you had not legitimate basis to AOS from. Unless I'm totally missing something, which I may be.

Edit: Now I see a waiver was prepared but never submitted because USCIS forgot to ask about it. I'm surprised your attorney would've brushed this off so easily...

Maybe his lawyer didn't know.

[belinda63 3,053]

Let's try to get the whole story.

You entered without inspection and got caught. You were taken to a detention center. Were you deported? If so how did you enter the second time? What did you put on the I-485 as your method of entry?

Yes you can lose your green card and even your citizenship (if you make it that far) for a material misrepresentation or fraud.