Complicated Situation, N-652 Issued during Interview, previous letter voluntary departure

[TLC 11]

Hi VJ, I am writing this for a friend and am hoping this wonderful community which has helped my through the CR-1 and Removal of Conditions processes can help give my friend some much needed advice.

 

This started last week when my friend went in for her US Citizenship interview. She was told by the interviewer that she had a letter issued to her in 1974 for voluntary departure from the US. Here is her timeline as she remembers it. Please know this was over 50 years ago, so some things are not fully remembered:

 

• 1969 came to the US on a 90 day visitors visa, applied for and was approved for a 90 day extension.
• 19679/1970 Applied for a 2-year student visa and was approved. Was issued a ss#
• 1972 Applied to Renew the student visa and was approved
• Got married to a US citizen in 1973
• 1974 received a letter telling her to leave the US since her studies should have been completed. Husband scheduled 2 appointments at the country embassy, but they did not attend either appointment. Says her husband filed some sort of petition for her because she was allowed to work. Believed this was resolved.

 

Fast forward to 1991:

• Under Reagan, she applied for and was granted a 10-year green card through the amnesty program (her husband did not sponsor her). She has renewed it twice so far.
• She was divorced in 1995
• Husband also died in 1995
• 2020 she decided to apply for US Citizenship. At the interview, was told about the voluntary departure letter from 1974. She informed interviewer about the amnesty and green-card she had been issued, and that she had been married to a US citizen. Was told it did not matter that she was married to a US citizen, and that he did not have any information/documents about the amnesty his office, so he issued her a N-652 that said she passed the civics test, but that a decision could not be reached and to await further information.

 

Does anyone have any idea what this means? What should my friend expect? And what should she do next?

 

Thanks for your assistance.

[Boiler 43,423]

Next a consultation with a very experienced Immigration lawyer.

[HRQX 4,145]

37 minutes ago, TLC said:

Does anyone have any idea what this means? What should my friend expect?

I agree with the previous post that she should get a lawyer that is experienced with 8 USC 1255a ("Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence")

[TLC 11]

Thanks @Boiler and @HRQX, I will pass this along. So from your comments this sounds very serious. Could she be deported?

[Boiler 43,423]

It would not surprise me if they just sat on it, but who knows?

[TLC 11]

Hello, I was asked to post a follow-up question: "Does having been approved for the green card via amnesty in 91 negate overstaying the visa several years prior? Doesn't 'amnesty' mean the the green card was given because previous immigration issue was forgiven?"

[SusieQQQ 11,584]

2 hours ago, TLC said:

Hello, I was asked to post a follow-up question: "Does having been approved for the green card via amnesty in 91 negate overstaying the visa several years prior? Doesn't 'amnesty' mean the the green card was given because previous immigration issue was forgiven?"

It doesn’t necessarily mean all issues were forgiven, and there is a possibility something was overlooked in the initial granting of the green card. I agree with boiler that she needs a lawyer who understands this act, if she reaches the point she needs to appeal the decision (she’s still awaiting a decision right?).  Even if everything should have been forgiven, it’s probably going to be much better having a lawyer argue that point with the correct statutory references etc, than her.

 

i do find this bit odd:

On 8/29/2021 at 4:48 PM, TLC said:

She informed interviewer about the amnesty and green-card she had been issued,

…..and that he did not have any information/documents about the amnesty his office

The details of why/how she was issued a green card should have been in her A file and the interviewing officer should have had access to those. The circumstances under which a green card is obtained is always re-examined at the n400 interview (sometimes perfunctorily, sometimes in depth, but it is always part of the interview).

Edited September 3, 2021 by SusieQQQ

[HRQX 4,145]

On 8/29/2021 at 4:48 PM, TLC said:

she had a letter issued to her in 1974 for voluntary departure from the US.

After further research the voluntary departure letter shouldn't be an issue: https://www.ecfr.gov/cgi-bin/text-idx?SID=44e7af4f4251936e627939ea0009be68&mc=true&node=se8.1.245a_12&rgn=div8

Quote

Eligibility. The following categories of aliens, who are otherwise eligible to apply for legalization, may file for adjustment to temporary residence status:

1. An alien (other than an alien who entered as a nonimmigrant) who establishes that he or she entered the United States prior to January 1, 1982, and who has thereafter resided continuously in the United States in an unlawful status, and who has been physically present in the United States from November 6, 1986, until the date of filing the application.
2. An alien who establishes that he or she entered the United States as a nonimmigrant prior to January 1, 1982, and whose period of authorized admission expired through the passage of time prior to January 1, 1982, and who has thereafter resided continuously in the United States in an unlawful status, and who has been physically present in the United States from November 6, 1986, until the date of filing the application.
3. An alien who establishes that he or she entered the United States as a nonimmigrant prior to January 1, 1982, and whose unlawful status was known to the Government as of January 1, 1982, and who has thereafter resided continuously in the United States in an unlawful status, and who has been physically present in the United States from November 6, 1986, until the date of filing the application.
4. An alien described in paragraphs (b) (1) through (3) of this section who was at any time a nonimmigrant exchange visitor (as defined in section 101(a)(15)(J) of the Act), must establish that he or she was not subject to the two-year foreign residence requirements of section 212(e) or has fulfilled that requirement or has received a waiver of such requirements and has resided continuously in the United States in unlawful status since January 1, 1982.
5. An alien who establishes that he or she was granted voluntary departure, voluntary return, extended voluntary departure or placed in deferred action category by the Service prior to January 1, 1982 and who has thereafter resided continuously in such status in the United States and who has been physically present in the United States from November 6, 1986 until the date of filing the application.
6. An alien who establishes that he or she was paroled into the United States prior to January 1, 1982, and whose parole status terminated prior to January 1, 1982, and who has thereafter resided continuously in such status in the United States, and who has been physically present in the United States from November 6, 1986, until the date of filing the application.
7. An alien who establishes that he or she is a Cuban or Haitian Entrant who was physically present in the United States prior to January 1, 1982, and who has thereafter resided continuously in the United States, and who has been physically present in the United States from November 6, 1986, until the date of filing the application, without regard to whether such alien has applied for adjustment of status pursuant to section 202 of the Act.
8. An alien's eligibility under the categories described in section 245(a)(2)(b) (1) through (7) and (9) through (15) shall not be affected by entries to the United States subsequent to January 1, 1982 that were not documented on Service Form I-94 (see §1.4), Arrival-Departure Record.
9. An alien who would be otherwise eligible for legalization and who was present in the United States in an unlawful status prior to January 1, 1982, and reentered the United States as a nonimmigrant, such entry being documented on Service Form I-94, Arrival-Departure Record, in order to return to an unrelinquished unlawful residence.
10. An alien described in paragraph (b)(9) of this section must receive a waiver of the excludable charge 212(a)(19) as an alien who entered the United States by fraud.
11. A nonimmigrant who entered the United States for duration of status (“D/S”) is one of the following classes, A, A-1, A-2, G, G-1, G-2, G-3 or G-4, whose qualifying employment terminated or who ceased to be recognized by the Department of State as being entitled to such classification prior to January 1, 1982, and who has thereafter continued to reside in the United States in an unlawful status. An alien who was a dependent family member and who may be otherwise eligible for legalization may be considered a member of this class of eligible aliens if the dependent family member was also in A and G status when the principal A or G alien's status terminated or ceased to be recognized by the Department of State.
12. A nomimmigrant who entered the United States for duration of status (“D/S”) in one of the following classes, F, F-1, or F-2, who completed a full course of study, including practical training and whose time period if any to depart the United States after completion of study expired prior to January 1, 1982 and who has remained in the United States in an unlawful status since that time. A dependent F-2 alien otherwise eligible who was admitted into the United States with a specific time period, as opposed to duration of status, documented on Service Form I-94, Arrival-Departure Record that extended beyond January 1, 1982 is considered eligible if the principal F-1 alien is found eligible.
13. An alien who establishes that he or she is a member of the class in the Silva-Levi lawsuit (No. 76-C-4268 (N.D. ILL. March 22, 1977)); that is, an alien from an independent country of the Western Hemisphere who was present in the United States prior to March 11, 1977, and was known by the Immigration and Naturalization Service (INS) to have a priority date for the issuance of an immigrant visa between July 1, 1968 and December 31, 1976, inclusive, and who was clearly eligible for an immigrant visa.
14. An alien who filed an asylum application prior to January 1, 1982 and whose application was subsequently denied or whose application has not yet been decided is considered an alien in an unlawful status known to the government.
15. An alien, otherwise eligible who departed the United States and was paroled into the United States on or before May 1, 1987 in order to return to an unrelinquished unlawful residence.

Quote

Grounds of exclusion not to be applied. The following paragraphs of section 212(a) of the Act shall not apply to applicants for temporary resident status: (14) Workers entering without Labor Certification; (20) immigrants not in possession of a valid entry document; (21) visas issued without compliance with section 203; (25) illiterates; and (32) graduates of non-accredited medical schools.

 

Edited September 4, 2021 by HRQX

[TLC 11]

Thank you!