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

[Boiler 47,522]

10 minutes ago, Lucky Cat said:

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

Well I have seen sort of similar cases before, analogous.

 

They have the information sufficient to refuse a benefit but not enough to go in front on an IJ and rescind a benefit. Plus it would take years etc.

[Brenda0818 7]

9 hours ago, HRQX said:

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."

Of course after 3 years contract at the end you have honorable discharge. I didn’t ask him to get out before 3 years . I would also say that if he have medical issue he can still get out even before 3 years. I was in the same situation and now I am a USC and I have a lot of Freind currently in the military for the same reason.

[SusieQQQ 11,588]

15 minutes ago, Brenda0818 said:

Of course after 3 years contract at the end you have honorable discharge. I didn’t ask him to get out before 3 years . I would also say that if he have medical issue he can still get out even before 3 years. I was in the same situation and now I am a USC and I have a lot of Freind currently in the military for the same reason.

 Can you clarify what you mean by same situation, you were denied n400 for fraud reasons and then went this route?

[Brenda0818 7]

36 minutes ago, SusieQQQ said:

 Can you clarify what you mean by same situation, you were denied n400 for fraud reasons and then went this route?

Yes I was denied N400 for fraud because back in 2011 when I got selected for de DV  lottery I lie that I don’t have any kid and in 2016 I applied for my daughter and she come to US. When I applied for a naturalization in 2018 as 5 years GC I got denied and they gave me 2 options either go to the cord or withdraw my application. I chose to withdraw my application. 
the officer told me that after my wife become a US Citizen I can still apply as 3 years spouse of US Citizen but I already started my journey to join the military. As soon as I get off Bootcamp this year in June I applied for Citizenship as Militay when I went to the interview the officer pulled out my application back in 2018. On my certificate of citizenship is a picture I took back in 2018 for my fingerprints. 

[Villanelle 4,123]

 

[Ari735 0]

5 hours ago, Ray.Bonaquist said:

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.

 

Good luck.

Thanks for your response. I think an attorney would be the way to go for me from what it seems. To give you further insight, my parents moved us here from South America when I was 10. We had legal visas entering the USA, and eventually they divorced and went their own ways. My dad married, became resident eventually a US citizen and my mom did the same, but remained a permanent resident as she had no rush to apply for N-400. I became a permanent resident through my mother at the age of 15, and when I took matters into my own hands and applied to be a citizen I was already an adult. I’m not sure if being underage at the time of being granted my GC would work in my favor in this case. 

[igoyougoduke 1,680]

23 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.

i would get a good lawyer and take USCIS to the cleaners. your case is ridiculous that they would deny n-400 but agree to extend Green card. The fact they didnt deny green card extension means they have moot case or have ridiculous weak case to deny you the benefits and are just bulling and wasting your time so you cant naturalize.   Time to Suite up and let the professionals take USCIS to the cleaners 

[Boiler 47,522]

Well consult with a lawyer, by no means clear if they have exceeded their powers.

 

Like all interesting legal issues will not be cheap.

[Orangesapples 1,954]

3 hours ago, Brenda0818 said:

Of course after 3 years contract at the end you have honorable discharge. I didn’t ask him to get out before 3 years . I would also say that if he have medical issue he can still get out even before 3 years. I was in the same situation and now I am a USC and I have a lot of Freind currently in the military for the same reason.

Not everyone wants to serve in the army. Personally, I'd never do it

[Boiler 47,522]

1 minute ago, Orangesapples said:

Not everyone wants to serve in the army. Personally, I'd never do it

Marines?

[Orangesapples 1,954]

5 minutes ago, Boiler said:

Marines?

Nope. 

[Boiler 47,522]

So Airforce

[Brenda0818 7]

26 minutes ago, Orangesapples said:

Not everyone wants to serve in the army. Personally, I'd never do it

It is an option. I did not force someone to serve in US Militay 

[SusieQQQ 11,588]

Probably, some people would prefer to pay for a lawyer than serve 3 years in the military, for many and varied reasons. Nevertheless I found the interjection and suggestion based on real-life experience quite interesting, in that it does indeed seem a way to repair a prior fraudulent action, as well as indicating that such decisions do not automatically predetermine what will happen with future applications.
 

 

[African Zealot 1,456]

3 hours ago, Ari735 said:

Thanks for your response. I think an attorney would be the way to go for me from what it seems. To give you further insight, my parents moved us here from South America when I was 10. We had legal visas entering the USA, and eventually they divorced and went their own ways. My dad married, became resident eventually a US citizen and my mom did the same, but remained a permanent resident as she had no rush to apply for N-400. I became a permanent resident through my mother at the age of 15, and when I took matters into my own hands and applied to be a citizen I was already an adult. I’m not sure if being underage at the time of being granted my GC would work in my favor in this case. 

Yes your age at the time this happened is a significant mitigation factor. If I were a betting man I would say your odds are more than decent. I would wait about a year into the Biden administration to apply again. By that point the “new thinking” on how immigration adjudicators should view intending immigrants (not adversarially like pertains today) would be better socialized among the ranks of USCIS.

 

In order to deny you they would actually have to prove your parents marriages were fraudulent, then revoke their citizenship, before being able to come after you. The chances of that happening under the incoming administration are very slim.

 

Don’t stress unnecessarily.

Edited January 17, 2021 by Ray.Bonaquist