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

[Boiler 47,522]

He has been denied.

[African Zealot 1,456]

I know that. Go back and reread the exchange sequence.

6 minutes ago, Boiler said:

He has been denied.

 

[Boiler 47,522]

12 minutes ago, Ray.Bonaquist said:

 

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.

They have denied him and they have not proven the marriages were fraudulent.

[SusieQQQ 11,588]

19 minutes ago, Boiler said:

They have denied him and they have not proven the marriages were fraudulent.

And they already knew he was a minor when he got his green card obviously. While he is not culpable in the process as a minor, it doesn’t change the fact (according to the decision it’s a fact) he should not have had that green card to begin with. That’s the issue that needs to be overcome. I don’t think expecting a new administration to trickle down to officers being more lenient is a solution. When it comes down to adjudicating cases (as opposed to higher level immigration policy) there is not really any evidence that the president in charge has any effect on case decisions which are based on the policy manual and evidence.  Lawyer seems a better bet imo. OP doesn’t seem worried about them “coming after him” whatever that means, he just wants to be a citizen. 
 

 

 

Edited January 17, 2021 by SusieQQQ

[African Zealot 1,456]

22 minutes ago, Boiler said:

They have denied him and they have not proven the marriages were fraudulent.

Pedantic.

[Diane and Chris 651]

Why can’t OP apply under father’s US Citizenship status?

[HRQX 4,146]

6 minutes ago, Diane and Chris said:

Why can’t OP apply under father’s US Citizenship status?

Are you talking about CCA of 2000? If so, OP is now an adult so not eligible. Also cannot retroactively change who filed the I-130 petition.

[SusieQQQ 11,588]

1 hour ago, Diane and Chris said:

Why can’t OP apply under father’s US Citizenship status?

How? Sounds like OP was living with mom so even if dad had naturalized before he turned 18 (this itself is not clear) he was not in the physical custody of the USC parent and therefore could not automatically acquire citizenship. AFAIK there would be no way other than INA320 to pass citizenship on to a child if both parent and child born outside the US.

[doufucou 0]

On 1/16/2021 at 10:56 AM, 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.

Did you or your mothr know they were accused of "marriage fraud" before you been denied? I am asking if you know it before or the Officer they just find it when you are submitting the application. 

[doufucou 0]

On 1/17/2021 at 12:58 PM, Boiler said:

They have denied him and they have not proven the marriages were fraudulent.

USCIS Denied him because his parents have "marriage fraud".