Denied Citizenship, Lawyers won't appeal

[Family 3,513]

31 minutes ago, June k said:

okay,so what options do we have now?should the dad petition for him again?(he has cancer and my husband was his bone marrow donor 😭😭😭)should we wait to be referred to an immigration court?anyone with an idea?

God bless your husband for being the bone marrow donor to his dad.  

[June k 6]

1 minute ago, Family said:

God bless your husband for being the bone marrow donor to his dad.  

Amen.They are bound to do another one since the cancer recurred if that is the right word and this time worse than the first time,then this immigration issue comes up,what an unfortunate turn of events😭

[Timona 3,948]

40 minutes ago, Family said:

So there is NO appeal to the denial…it’s not that your attorney won’t help. The good news is that USCIS probably wont try and take back / rescind your green card/ LPR status …cause it’s been over 5 years and they know if they NTA , u get the Fraud Waiver …attached link 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019.pdf

 

So you are at a stand-off , u stay an LPR , forget N-400., just bring ur wife and kids w I-130 as LPR. 
 

 

She doesn't have a GC. 

 

Additionally, during Trump's reign, a new policy was put in place that rescinds citizenship. I'm not sure if it ultimately strips one of GC but I do believe that was the aim, especially if they find that there were irregularities in your immigration journey.

Edited April 5, 2022 by Timona

[Family 3,513]

6 minutes ago, Timona said:

 

She doesn't have a GC. 

 

Additionally, during Trump's reign, a new policy was put in place that rescinds citizenship. I'm not sure if it ultimately strips one of GC but I do believe that was the aim, especially of they find that there was irregularities in your immigration journey.

Edited just now by Timona

Yes, OP is the spouse. I clarified LPR=her husband…who got denied N-400. But unless they go after rescinding his GC ( not likely since more than 5 years, or NTA which he can win w WAIVER I linked) ..then HE REMAINS an LPR…( not a little bit of an LPR, much like a woman cannot be a little bit pregnant)…so they cannot strip away his I-130 ‘s for wife and kids..and any denial should be looked at by an immigration attorney. 

 

 

[Boiler 43,543]

I do not know if they will refer him to Immigration Court or not, he might be allowed to lie low. Obviously he should never have applied to naturalise.

 

I do not see how he can sponsor someone, he is not eligible, all that would do is force their hand.

 

 

 

 

[Timona 3,948]

3 minutes ago, Boiler said:

I do not know if they will refer him to Immigration Court or not, he might be allowed to lie low. Obviously he should never have applied to naturalise.

 

I do not see how he can sponsor someone, he is not eligible, all that would do is force their hand.

 

 

 

 

 

Exactly my thought..he didn't obtain it correctly..therefore, he cannot petition...

 

I'm not sure about how the case would be if he did not obtain his correctly, successfully petitioned for wife and wife gets caught at N400 or I-751. In this case, do they strip the wife? 

[Boiler 43,543]

She would equally have obtained a benefit by error.

[Mike E 11,723]

23 minutes ago, Timona said:

 

Exactly my thought..he didn't obtain it correctly..therefore, he cannot petition...

 

I'm not sure about how the case would be if he did not obtain his correctly, successfully petitioned for wife and wife gets caught at N400 or I-751. In this case, do they strip the wife? 

The basis for his green card was incorrect. Therefore the basis for the wife’s green card was incorrect.   So in that hypothetical (it is a hypothetical correct? OP seems to be waiting on an I-130), husband  and wife would be subject to revocation of LPR status and then removal.  
 

So if OP is waiting for her F2A I-130 to be approved, even if approved, I expect NVC or the embassy / consulate to detect the same problem the IO of the N-400 detected.  So I do not expect OP to ever be granted an immigration visa through her husband.  
 

I don’t see a DIY path to get OP or her husband a green card.  This couple needs to consulate a highly rated and  experienced immigration attorney.  

 

 

Edited April 5, 2022 by Mike E

[Boiler 43,543]

His father assuming a USC can petition for him as a married son.

[Timona 3,948]

15 minutes ago, Mike E said:

The basis for his green card was incorrect. Therefore the basis for the wife’s green card was incorrect.   So in that hypothetical (it is a hypothetical correct? OP seems to be waiting on an I-130), husband  and wife would be subject to revocation of LPR status and then removal.  
 

So if OP is waiting for her F2A I-130 to be approved, even if approved, I expect NVC or the embassy / consulate to detect the same problem the IO of the N-400 detected.  So I do not expect OP to ever be granted an immigration visa through her husband.  
 

 

That's  what I thought too. I just wasn't sure.

 

8 minutes ago, Boiler said:

His father assuming a USC can petition for him as a married son.

 

Back on queue. A longer wait...ooo boy..

[Family 3,513]

52 minutes ago, Family said:

LPR=her husband…who got denied N-400. But unless they go after rescinding his GC ( not likely since more than 5 years, or NTA which he can win w WAIVER I linked) ..then HE REMAINS an LPR…( not a little bit of an LPR, much like a woman cannot be a little bit pregnant)…so they cannot strip away his I-130 ‘s for wife and kids..and any denial should be looked at by an immigration attorney. 

 

[Mike E 11,723]

17 minutes ago, Boiler said:

His father assuming a USC can petition for him as a married son.

 

RoW F3 cases from 2008 are  current now.  Father needs a bone marrow transplant.   I am trying to be realistic here.  And that assumes the father is a USA citizen.  
 

Even if F3 was current, given the history, I still would not a see a DIY path way. Consider that had a competent immigration attorney been asked the question: “is it ok for me to marry now?”, OP’s husband would be waiting for oath to be scheduled.  So what other land mines are there that we don’t know about?
 

This isn’t DIY any more. 

 

 

Edited April 5, 2022 by Mike E

[Mike E 11,723]

2 minutes ago, Family said:

 

The CO isn’t going to grant an immigration visa. That’s my unlearned opinion.  
 

This isn’t sunshine, unicorns, and DIY.  

Edited April 5, 2022 by Mike E

[Crazy Cat 39,336]

32 minutes ago, Mike E said:

The basis for his green card was incorrect. Therefore the basis for the wife’s green card was incorrect.   So in that hypothetical (it is a hypothetical correct? OP seems to be waiting on an I-130), husband  and wife would be subject to revocation of LPR status and then removal.  

That is what sticks in my mind.....How can this not be misrepresentation when he entered the US?  

[Family 3,513]

8 minutes ago, Mike E said:

RoW F3 cases from 2008 are  current now.  Father needs a bone marrow transplant.   I am trying to be realistic here.  And that assumes the father is a USA citizen.  
 

OP is F-2A …2021 filed

. The F-3 is not relevant to any scenario