N400 denied doe to “not demonstrating that applicant was lawfully admitted for permanent residency” (merged threads)

[Lapo44 5]

25 minutes ago, Boiler said:

Perhaps I will be proven wrong but I doubt there are many in your situation.

 

Staying a LPR would seem the obvious safest option.

Honestly I do not feel like it is safe option. How can I be sure they will not revoke my status over time. I need to travel abroad and I can not be sure I’m safe to do so, I do not feel secure with this green card.

 I can not change the fact it was wrongfully approved but I would like to get it fixed. I’d be happy to reapply through marriage as my spouse would be happy to petition for me anytime. And I did not brake no law, neither I made false statements or covered any facts from immigration. I’d like to be naturalized eventually as I’m going to live here and I want to become a citizen, I did nothing to be banned from naturalization. I hope I will find a way to get it corrected!
And you’re right it seems like one of those cases you don’t see often. 
Thank you!!!

[Villanelle 4,121]

Im pretty sure I commented on your last post about this 4 months ago. Im sorry nothing has happened since then.  

 

You can not be naturalized because your card was not issued properly. Theres no way around that. Doesnt matter if it was your fault or not- the card was not issued properly so you cant naturalize... Depending on how much the attny wants to draft a letter it may be worth a shot. I understand you wrote them already but when it comes from a lawyer and uses fancy legal speak demanding they do something or else they will pursue further action (even if its an empty threat) it can sometimes push USCIS into taking action. 

 

Your other option is to surrender your improperly issued GC and reapply again through your spouse. I would be cautious of doing such and do a lot of research before hand about possible issues doing that. You may have overstay/bans/need a waiver. You may have to leave the US, maybe for the whole process maybe just to have the consular interview. You may run into moral character type issues. (now while GMC isnt a requirement for the GC like it is for citizenship the GC does require you to make a sworn statement that the marriage was not for benefits, they need to believe you can make such a truthful statement) You will have a period of time where you are unable to work when you surrender your GC- get a new EAD issued. Its a lot to consider.

[Lapo44 5]

2 hours ago, Villanelle said:

Im pretty sure I commented on your last post about this 4 months ago. Im sorry nothing has happened since then.  

 

You can not be naturalized because your card was not issued properly. Theres no way around that. Doesnt matter if it was your fault or not- the card was not issued properly so you cant naturalize... Depending on how much the attny wants to draft a letter it may be worth a shot. I understand you wrote them already but when it comes from a lawyer and uses fancy legal speak demanding they do something or else they will pursue further action (even if its an empty threat) it can sometimes push USCIS into taking action. 

 

Your other option is to surrender your improperly issued GC and reapply again through your spouse. I would be cautious of doing such and do a lot of research before hand about possible issues doing that. You may have overstay/bans/need a waiver. You may have to leave the US, maybe for the whole process maybe just to have the consular interview. You may run into moral character type issues. (now while GMC isnt a requirement for the GC like it is for citizenship the GC does require you to make a sworn statement that the marriage was not for benefits, they need to believe you can make such a truthful statement) You will have a period of time where you are unable to work when you surrender your GC- get a new EAD issued. Its a lot to consider.

Hello! Thank you very much for your response!

Surrendering my current status is not an option unfortunately. I looked into it, but I would need to leave the country and abandon it claiming I have established permanent residency in another country, which would be totally false statement. I have a family here, leaving them is definitely not an option. We have two kids together with my current husband and plenty of other proof of legitimacy of marriage. Actually I would assume the fact that we married two years prior to approval of my “wrong” green card is a good proof of us not entering this marriage for papers. So I hope this won’t be an issue, but I can not leave the country.

My issue with lawyers offer was that She does not seem to be sure this option has a good chance to work out. Like we will most likely get no response from them at all but we can try. That try would cost me about $1500. 
She also suggested me to leave the country and come back. She says ICE might initiate an issuance of NTA if they see that my green card was not properly issued. 

I tried to reach out to local CIS director in hopes they can initiate rescission. As it says in their manual they can rescind alien does not contest this. This should bring me back to the status I was in before I adjusted. This seems like very reasonable way to fix this issue for me. 
Because lawyer said I have to ask for them to issue me an NTA. And then go through immigration court which would take years to get a hearing at. At the same time she says it’s very unlikely for them to issue an NTA as they would realize they won’t probably deport me. 
I’m feeling desperate right now. I do not know who of the lawyers to trust and it seems like none of them really has experience with such situations and knows how to fix it..

[Villanelle 4,121]

1500 seems like a lot for a letter. What is their hourly rate cause it seems like they are giving you a flat rate which probably calculates out to way more then their hourly. You may be able to try to negotiate with them since your intention is to only send a letter and not actually pursue the threats in the letter. You can also google pro bono attnys and see if any of them are interested in helping you. Catholic Charities has some programs for immigration attny assistance for those facing deportation and other serious issues. Your situation is unique as you are asking for NTA rather then trying to avoid one but they may be interested in helping.  The bar association also gives out referrals so you can try them as well. You may also want to try expanding your attny search for those nationally known big name ones or those that like to blog/post about difficult or unusual cases. They dont have to be local to you to rep you with immigration but they should be in your district. 

 

Where do you live? Are you near a border? Is it feasible to take a day trip to Canada or Mexico? See USCIS can send you to court. They (USCIS) handle all the paperwork stuff for immigration. The problem is they seem to be taking the position of doing nothing to rescind your status which stinks. I cant remember if it was mentioned before about contacting the ombudsman? The Ombudsman handles this type of issue specifically (paperwork and process issues and inconsistencies. You can also contact your local representative and have them send in a letter similar to what the lawyer would send (for free). You may not get a response though but at least it was free. The ombuds office can take months to get back to you. The reps office will be very quick. 

 

You can also try to contact ICE yourself but I dont really thinks thats going to be easy if even possible. ICE does enforcement and is like the police/district attorney. I know the police side of ICE has online and phone reporting systems but you will want to try to see if you can get in contact with the prosecutor side of ICE. They may not want to get involved or even be able to open a NTA for you since its a paperwork issue and not a criminal one. 

 

CBP does both a small bit of paperwork and the police type stuff for the borders and 99 miles from the border. So maybe if you cross the border or at least go to the CBP checkpoint you'll most likely be able to talk to someone. Im inclined to think the smaller less used crossings may be better then a busy main one if you can choose which to go to. There are also what are called deferred inspection sites for CBP. They are usually at international airports so theres probably one close to you but there are some stand alone locations too. 

 

I really dont know what else to suggest. Please post an update though when something happens. I hope it all works out for you.

[African Zealot 1,452]

To be clear although it was unfortunate, you do not meet the criteria for naturalization and you cannot be naturalized by sympathy just because the error was not yours. Naturalization requires strict fulfillment of all the criteria for naturalization.

 

Unlike others who say you should leave it be and just maintain permanent residence status, I disagree. It could come back to bite you one day, plus becoming a citizen is preferable for several reasons.

 

There is a process by which your problem can be fixed by backdating your removal of condition (since it took so long), it is called nunc pro tunc.

 

Quote

 

Nunc pro tunc (English translation: "now for then") is a Latin expression in common legal use in the United States, the United Kingdom, and other countries. In general, a ruling nunc pro tunc applies retroactively to correct an earlier ruling.

 

https://en.m.wikipedia.org/wiki/Nunc_pro_tunc

 

 

While doing some research in 2017, I came across a case in immigration court which was somewhat similar to yours and the immigration judge suggested to USCIS to address the problem by backdating the defendants original approval date (which would cure the existing problem) because the situation was an unfortunate one created by immigrations negligence, not the defendant.

 

If I were in your shoes I would wait until the Trump administration is no longer in power, then get an experienced competent attorney who knows what he is doing to proceed with fixing the issue. You would likely have to go through court (maybe immigration court❓)to apply this.

Edited February 19, 2020 by Ray.Bonaquist

[Lapo44 5]

4 hours ago, Ray.Bonaquist said:

To be clear although it was unfortunate, you do not meet the criteria for naturalization and you cannot be naturalized by sympathy just because the error was not yours. Naturalization requires strict fulfillment of all the criteria for naturalization.

 

Unlike others who say you should leave it be and just maintain permanent residence status, I disagree. It could come back to bite you one day, plus becoming a citizen is preferable for several reasons.

 

There is a process by which your problem can be fixed by backdating your removal of condition (since it took so long), it is called nunc pro tunc.

 

 

While doing some research in 2017, I came across a case in immigration court which was somewhat similar to yours and the immigration judge suggested to USCIS to address the problem by backdating the defendants original approval date (which would cure the existing problem) because the situation was an unfortunate one created by immigrations negligence, not the defendant.

 

If I were in your shoes I would wait until the Trump administration is no longer in power, then get an experienced competent attorney who knows what he is doing to proceed with fixing the issue. You would likely have to go through court (maybe immigration court❓)to apply this.

Hi! Thank you very much for your response!

I do 100% realize that this issue might rise in future and cause more troubles for me. That’s is why I’m totally not ok with leaving it as it is. I’m trying to do my best in order to find a way to fix it.

My current spouse is a US citizen and we were married at the time my green card application was approved (for over a year at that point). So in case CIS revokes my status he will file a petition for me. I was expecting them to do it but after some research and consultations with lawyers it seems like it’s very unlikely for them to send me an NTA.

I’m currently looking into how then rescinding procedure goes. Seems like the officer/adjudicator (at the local office) might initiate the process. And send an alien a notice of intent to rescind. And in case of alien agreeing or not responding the status will automatically be revoked an they send an alien a letter asking to bring their green card to nearest USCIS office. And that should bring alien to the status he/she had before the adjustment to LPR. I was a derivative asylee at that point. That would probably be the best and fastest way to fix it. Because we would apply to adjust through marriage as soon as this my current status revoked. 
I contacted my local CIS office director. No response.

going to try Ombudsman but I had been doing it before with no luck so I do not really have high hopes for that(

[Boiler 43,450]

This is obviously not 100% comparable but you case is basically in deffered action, similar to DACA, yes there is an issue but not something there is seen a need to waste resources on addressing.

[Sandra G. 5,016]

On 2/11/2020 at 11:16 PM, Lapo44 said:

Hi guys!

It has been 4 months since I received denial notice for my application for naturalization. From this notice I learned I was wrongfully issued green card.

I was granted asylum in 2011 (my spouse was a primary asylum applicant)

2012 Applied to adjust status to permanent resident

2015 divorced and married to my current spouse
2017 application to adjust status approved and I received my green card

2019 denied naturalization due to being no longer eligible to adjust as an asylee (turned out as a spouse of an asylee) as we were no longer married. 

I have been consulting with four different lawyers over the past few months. Was told that most likely USCIS will not be rescinding my status. Two lawyers said that CIS would notify me in that denial notice if any procedures were planned in order to review my status, revoke it etc. anyway it been four months and did not not hear from CIS. A tried to contact them multiple times and was not able to obtain any information. Lawyers thinks it is a limbo situation, like it’s very unlikely that they will rescind my green card but at the same time won’t let me naturalize because of it being issued erroneously. One of the attorneys offered to send CIS directors letters asking them to send me an NTA so I can go to immigration court have my green card revoked and reapply (my current spouse is a US citizen).but I have already sent them letters asking for help in fixing this issue and got no response whatsoever.  I’ve been trying to gather as many info as possible and found out that it might really be the case when CIS may decide not to rescind status. But then I can’t see why I can not be naturalized. It was not my mistake. All lawyers agree they should have call me in for an interview since my application to adjust status was pending to so many years. I actually even had an infopass after I divorced and was advised not to withdraw application as officer said I was still eligible to adjust as an asylee.
Anyone has any experience with similar situations? Any advise would appreciated!

You don't need to be in removal proceedings to file a new AOS.Your attorney can file  a new AOS now.There are several decisions from the BIA about this matter. It's not a big deal. Find an attorney in your area who tells you "WE CAN FILE FOR YOUR  AOS NOW". USCIS will not rescind your status!!!!

[Lapo44 5]

12 hours ago, sandranj said:

You don't need to be in removal proceedings to file a new AOS.Your attorney can file  a new AOS now.There are several decisions from the BIA about this matter. It's not a big deal. Find an attorney in your area who tells you "WE CAN FILE FOR YOUR  AOS NOW". USCIS will not rescind your status!!!!

Hi! Thank you very much for replying!
I’ve been looking at this as an option as well. But was told by lawyers that it won’t work because I’m already holding an LPR status. My husband wanted to petition for me after we found out about the issue.
Do you think I need an attorney or can we file ourselves? I just don’t seem to have a good luck finding one who knows how to handle such issues.

[African Zealot 1,452]

On 2/19/2020 at 8:27 PM, sandranj said:

You don't need to be in removal proceedings to file a new AOS.Your attorney can file  a new AOS now.There are several decisions from the BIA about this matter. It's not a big deal. Find an attorney in your area who tells you "WE CAN FILE FOR YOUR  AOS NOW". USCIS will not rescind your status!!!!

A new USCIS policy went into effect recently which might somewhat support what you’re saying. It affects adjustment of status applications filed with USCIS on or after Nov. 21, 2019.

 

Quote

 

The policy update establishes that an immigration judge “does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application,” USCIS said in a news release.  

 

Read more here: https://www.uscis.gov/news/alerts/uscis-issues-guidance-adjustment-status-aliens-whose-conditional-permanent-residence-has-been-terminated

 

 

 

That solution might also be applicable in the case of KAMAL H. TURFAH, Petitioner-Appellant, v. UNITED STATES CITIZENSHIP AND IMMIGRATION. 

 

In that case just like yours, Kamal Turfah is in permanent resident status, but not legal permanent residence status thus he could not be approved for naturalization although USCIS would not attempt to revoke his permanent residence status. Basically his permanent residence status was approved in error.

 

https://caselaw.findlaw.com/us-6th-circuit/1764759.html

Edited February 23, 2020 by Ray.Bonaquist

[Lapo44 5]

9 hours ago, Ray.Bonaquist said:

On 2/19/2020 at 8:27 PM, sandranj said:

your status!!!!

A new USCIS policy went into effect recently which might somewhat support what you’re saying

In my case my fist adjustment of status was based on asylum (I was a derivative asylee), so this policy is probably not applicable to my case. 

[Lapo44 5]

Hello everyone!

Here I am again. I've made a similar post about a year ago.

I was denied naturalization due to unlawfully issued green card. I've got my green card as a derivative asylee, but at the time of approval we were already divorced (it took CIS over four years to adjudicate my I-485). My lawyer at the time did not see an issue there, so after I divorced my first spouse I kept waiting for I-485 to be adjudicated and it was approved in about two years or so.

I then married again and my current spouse is a US citizen. We were already married when I got green card.

Las year I applied for naturalization and was denied. The reason was stated as "Green Card was not lawfully issued", it said I was no longer eligible for green card under the category I applied.

CIS did not proceed to rescind my status. I have consulted with multiple immigration attorneys, but none were sure about what can be done in order to fix this.

One out of state lawyer advised that my spouse petition for me and we try to get new green card. We did file I-130 and I-485 which are both pending at the time.

I've been desperately trying to find someone who had been in a similar situation and can share their thoughts and experiences.

I'd appreciate any advise!

Thank you all!

[Ryan H 3,791]

~~~Similar topics merged; please do not start multiple threads on the same issue.~~~

[Ryan H 3,791]

***Hijack post and replies to said post removed; if you have a question about your own case, you need to start your own thread.***

[millefleur 5,037]

**Further hijack posts and replies removed. Please start your own thread if you have your own question. Administrative action to be taken if problem continues.**

 

VJ Moderation