Jump to content
waitingforastar

N-400 rejected after strange RFE - Help?

19 posts in this topic

Recommended Posts

Filed: Citizen (pnd) Country: India
Timeline

Hello. I'm wondering if anyone has some insight into my situation. I am a green card holder and I applied for citizenship for the first time in October of 2018. My interview was scheduled for September of 2019 and during the interview, I was asked why my mother was not a citizen (my father has passed away). My mother just never ended up applying for citizenship because she never felt she needed to but my older siblings did apply and were all naturalized before me. The interviewer was dwelling on this and requested that I provide pay stubs or a W-2, proving that my mother continued to work for her sponsor employer after she was granted permanent residency in 1993. I told him that it would be difficult to track down such documents from almost 3 decades ago but he insisted that I needed to find them. I passed the civics test and otherwise everything else about the interview went fine. So after the interview I was sent an RFE and I didn't know what to do. Tax records from 1993 don't exist anymore and the pay stubs are long gone as this was almost 30 years ago; the person at the tax institution laughed at how ridiculous the request was. I contacted several lawyers who were really surprised that I was asked this because it seemed incredibly unreasonable. Ultimately, I ended up providing a sworn affidavit from my mother saying she had worked at that time and I sent this in for RFE but ultimately my N-400 was rejected in October of 2019. I want to reapply for citizenship this year but I wonder how to navigate through this issue because it's on my record and I have almost no way of proving this in a manner that would satisfy them. Any advice would be much appreciated because I'm so lost.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Kenya
Timeline

No idea why your mom's stubs are being used to withhold your N400..


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Nepal
Timeline

Wow, it seems you were interviewed by an anti immigrant officer. Hopefully this time you get a professional interviewer. Nobody is required to keep working for the same employer even for EB based GC holders anyway.


Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

That is the most ridiculous thing I have seen in a while.  Whether your mother wanted to naturalize or not has nothing to do with you.  

You should have appealed your naturalization denial.  

At this point, just apply again.

 

Best of luck.

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Russia
Timeline

I agree with the others, this request was extremely unreasonable, I would apply again.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
3 minutes ago, arken said:

Wow, it seems you were interviewed by an anti immigrant officer. Hopefully this time you get a professional interviewer. Nobody is required to keep working for the same employer even for EB based GC holders anyway.

While no one is required to continue to work for the employment based green card sponsor, USCIS can determine bad faith if the person quits the job shortly after getting that green card.  

It's just shocking that the adjudicator would go there after 30 years.  

Share this post


Link to post
Share on other sites
11 minutes ago, waitingforastar said:

The interviewer was dwelling on this and requested that I provide pay stubs or a W-2, proving that my mother continued to work for her sponsor employer after she was granted permanent residency in 1993.

If your mother violated the conditions of her LPR status by terminating her employment with her sponsor, then the IO is saying that her LPR status and yours should be revoked and thus you cannot naturalize.

 

I think it is ridiculous too.

 

1. You can file N-336 to get a hearing with a different IO.  Personally I'd do it with a lawyer, and have the lawyer there a the hearing.

2. In the mean time, I'd ask your mother for names of co-workers she worked with and get affidavits from those who can attest for how long they know her to have worked at that employer. I would also consider a ordering am employment background check on your mother. If had a 401k plan at that employer the current 401k or IRA custodian might be able to trace back the history.

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Nepal
Timeline
Posted (edited)

 

22 minutes ago, Mike E said:

If your mother violated the conditions of her LPR status by terminating her employment with her sponsor, then the IO is saying that her LPR status and yours should be revoked and thus you cannot naturalize.

I don't think there is a condition for LPRs not to terminate employment with primary sponsors. In fact USCIS even allows changing  the employment if i485 has been pending for more than 180 days. 
 

This is probably one of those cases of abuse of power. I bet if this case goes to another officer, he'll laugh at the this denial. 

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

A green card is a green card is a green card.  A green card obtained through a family petition is no different from a green card obtained through an employment petition.

The mother did not violate any conditions of her green card since there are no such conditions that binds her to her sponsoring employer.

 

Much like a spouse who quickly leaves a marriage after obtaining a green card through marriage, it's suspicious when a employee quickly leaves after getting an employment based green card.  Like bad faith in getting a green card though a marriage that ends quickly, there is bad faith when getting a green card and the employee leaves quickly.

In the OP's case.  Mom's employment should be irrelevant after 30 years and should not be a barrier to OP's naturalization case.  There are very few people with tax records from the 90s.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Wales
Timeline

Wonder why a Lawyer could not have sorted this out, a denial for this?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
2 minutes ago, Boiler said:

Wonder why a Lawyer could not have sorted this out, a denial for this?

OP said he contacted a few lawyers about the RFE.  OP said a sworn affidavit from the mother was sent in response.  OP didn't say if he had a lawyer prepare the response to the RFE or whether lawyers were consulted after the denial. 

Share this post


Link to post
Share on other sites
Filed: Citizen (pnd) Country: India
Timeline
Posted (edited)
40 minutes ago, aaron2020 said:

OP said he contacted a few lawyers about the RFE.  OP said a sworn affidavit from the mother was sent in response.  OP didn't say if he had a lawyer prepare the response to the RFE or whether lawyers were consulted after the denial. 

Hi everyone! Thank you so much for the responses. A lawyer did prepare the response and it was recommended to me that I don't appeal and just reapply. At this point, is there a way to reopen the case or has the period for that lapsed? Is there a distinction between appealing after the initial denial and reopening the case now almost a year and a half later? Is it possible to reopen the case at this point?

Edited by waitingforastar

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline
1 minute ago, waitingforastar said:

Hi everyone! Thank you so much for the responses. A lawyer did prepare the response and it was recommended to me that I don't appeal and just reapply. At this point, is there a way to reopen the case or has the period for that lapsed? Is there distinction between appealing after the initial denial and reopening the case now almost a year and a half later?

Don't know if you've missed the opportunity to appeal.  Usually, you only have a certain amount of time to appeal a denial.

 

You should reapply.  

Share this post


Link to post
Share on other sites
Filed: Timeline
9 hours ago, waitingforastar said:

Hi everyone! Thank you so much for the responses. A lawyer did prepare the response and it was recommended to me that I don't appeal and just reapply. At this point, is there a way to reopen the case or has the period for that lapsed? Is there a distinction between appealing after the initial denial and reopening the case now almost a year and a half later? Is it possible to reopen the case at this point?

 

9 hours ago, aaron2020 said:

Don't know if you've missed the opportunity to appeal.  Usually, you only have a certain amount of time to appeal a denial.

 

You should reapply.  

It seems like filing N-336 should have been fileddone within 30 days after denial notification acc to this:

 

https://www.mouratovalawfirm.com/blog/immigration/151-can-i-apply-again-for-citizenship-after-getting-rejected

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Kenya
Timeline

Just reapply online and do not waste time appealing or on lawyers.

His siblings were already naturalized off the mother. Why is he the only one being denied? Seems you got a wrong IO


Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...