Denied N-400 Application. Anyone with experience on this matter?

[Ari735 0]

Hello and thanks for checking out my post. I’m currently a permanent USA Resident. A couple years ago I applied for my N-400 to become a US Citizen, took my exam, passed, and was denied a year later due to my mother being accused of ‘marriage fraud’. The Immigration officer came to this conclusion due to the fact when my biological parents divorced they each married Cubans, and received their permanent status in the process as they were both on Visas at the time. I received Permanent Residence status VIA my mother hence why I was denied my N-400. My parents are still legally married to their partners, and have been living with them for over 10 years. When my N-400 was denied I never appealed, and when my Permanent Resident card expired I fortunately was able to renew it last year.

Which brings me to the question, where do I go from here? I still want to become a Citizen. Should I apply for my N-400 again? Will they bring up the fact my first application was denied and deny me again? Would it be a good idea if I show up with a Lawyer or Attorney? I’m in a position where I don’t know what course of action to take and it pains me having to go through this alone. If anyone has any advice on this matter you’d be helping me tremendously.

[Boiler 47,522]

So this was stated as the reason or is this your assumption?

[NancyNguyen 1,658]

If you can’t overcome the reason why they denied you, the second n400 will end up denied, it can also affect your GC. 

[Ari735 0]

1 hour ago, Boiler said:

So this was stated as the reason or is this your assumption?

Yes this was stated as the reason. My letter of denial was sent to the wrong address so I had no time to appeal before the 30 days. It basically stated my mother became a permanent resident illegally through marriage of a Cuban American Citizen 

[Boiler 47,522]

You need to consult with a Lawyer, I seem to remember one that is the mace on naturalisation, let me see if I can find the name.

[Ari735 0]

3 minutes ago, Boiler said:

You need to consult with a Lawyer, I seem to remember one that is the mace on naturalisation, let me see if I can find the name.

Thank you I really appreciate it! 

[Boiler 47,522]

http://members.calbar.ca.gov/fal/Licensee/Detail/149274

 

Her Father Robert and her were the ones mentioned, seems he has passed, This was from a retired Lawyer who has no skin in the game, now retired and who I would totally trust.

[little immigrant 801]

4 hours ago, Ari735 said:

Yes this was stated as the reason. My letter of denial was sent to the wrong address so I had no time to appeal before the 30 days. It basically stated my mother became a permanent resident illegally through marriage of a Cuban American Citizen 

And your parents are still here with green cards? 

[Brenda0818 7]

7 hours ago, Ari735 said:

Hello and thanks for checking out my post. I’m currently a permanent USA Resident. A couple years ago I applied for my N-400 to become a US Citizen, took my exam, passed, and was denied a year later due to my mother being accused of ‘marriage fraud’. The Immigration officer came to this conclusion due to the fact when my biological parents divorced they each married Cubans, and received their permanent status in the process as they were both on Visas at the time. I received Permanent Residence status VIA my mother hence why I was denied my N-400. My parents are still legally married to their partners, and have been living with them for over 10 years. When my N-400 was denied I never appealed, and when my Permanent Resident card expired I fortunately was able to renew it last year.

Which brings me to the question, where do I go from here? I still want to become a Citizen. Should I apply for my N-400 again? Will they bring up the fact my first application was denied and deny me again? Would it be a good idea if I show up with a Lawyer or Attorney? I’m in a position where I don’t know what course of action to take and it pains me having to go through this alone. If anyone has any advice on this matter you’d be helping me tremendously.

If you are less than 40 and really want to be USC just sign of 3 years contract with military and easy got your citizenship and get out. Let me know if you need more information 

[Ari735 0]

1 hour ago, little immigrant said:

And your parents are still here with green cards? 

My father became a citizen way before I applied to become one myself. My mother and I are still permanent residents. In fact, we just renewed our green cards and had no problem. 

[SusieQQQ 11,588]

This doesn’t make sense to me. They actually stated in the denial letter that it was because your mother acted fraudulently (according to them) and then... just didn’t do anything else? Usually there would be repercussions for your LPR status if this was a finding. Did your mother ever try to address this? 

Edited January 17, 2021 by SusieQQQ

[HRQX 4,146]

3 hours ago, Brenda0818 said:

just sign of 3 years contract with military and easy got your citizenship and get out. Let me know if you need more information

The caveat is that the applicant would have to be honorably discharged in that case. If not, then the applicant risks facing the denaturalization process. INA 329(c): "Revocation. Citizenship granted pursuant to this section may be revoked in accordance with section 1451 of this title if the person is separated from the Armed Forces under other than honorable conditions before the person has served honorably for a period or periods aggregating five years. Such ground for revocation shall be in addition to any other provided by law, including the grounds described in section 1451 of this title. The fact that the naturalized person was separated from the service under other than honorable conditions shall be proved by a duly authenticated certification from the executive department under which the person was serving at the time of separation. Any period or periods of service shall be proved by duly authenticated copies of the records of the executive departments having custody of the records of such service."

[African Zealot 1,456]

6 hours ago, SusieQQQ said:

This doesn’t make sense to me. They actually stated in the denial letter that it was because your mother acted fraudulently (according to them) and then... just didn’t do anything else? Usually there would be repercussions for your LPR status if this was a finding. Did your mother ever try to address this? 

There are quite a few cases where naturalization was denied (or revoked) for fraud but no further action was taken to revoke the underlying permanent residence. Doesn’t seem to make sense however it is what it is.

 

In the case below, the gentleman had his citizenship revoked, he pled guilty to making false claims in his citizenship application was sentenced, but authorities essentially said they wouldn’t pursue revocation of permanent residence and deportation.

 

https://sf.eater.com/2019/8/23/20829954/marco-senghor-sentence-no-prison-probation-bissap-baobab-sf

 

 

Edited January 17, 2021 by Ray.Bonaquist

[African Zealot 1,456]

Get an attorney, it’s a specialist issue. I have seen a case somewhat similar to yours. At what age did you relocate to the USA? The attorney would probably argue your case on an extrapolation of the rule below.

 

Quote

C. Effects of Revocation on Citizenship of Certain Spouses and Children 

 

1. General Effects of Person’s Revocation on Citizenship of Spouse or Children

 

https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-3

 

In addition, the citizen spouse or citizen child of a person whose citizenship has been revoked may lose his or her citizenship upon the parent or spouse’s revocation of naturalization. This depends on the basis of the revocation, and in some cases, on whether the spouse or child resides in the United States at the time of the revocation.  For example, the citizenship of a spouse or child who became a U.S. citizen through the naturalization of his or her parent or spouse is not lost if the revocation was based on illegal procurement of naturalization. The spouse or child’s citizenship may be lost, however, if the revocation was based on other grounds (see below).  

 

Good luck.

Edited January 17, 2021 by Ray.Bonaquist

[Crazy Cat 44,595]

10 hours ago, Ari735 said:

My mother and I are still permanent residents. 

This seems odd, to me.  If she gained resident status illegally, why didn't they revoke it?