Immgrant123

well i'll jump in & say this

1st i don't think they do K-3's anymore

the cr-1' really long so they came up with the k3 however due to the fact that the cr1 now takes about the same time the k3 is now all done (this was my understanding)

i went the cr-1 route with my lady because she is from the Philippines & there too people will do ANYTHING to come to the U.S.

i have seen people on here crying the blues because their k-3 was not approved

they then had to start the whole process over again & go for the cr-1

i also made a point of having a huge curch wedding in my wifes home province

we even had the mayor there & we have the pictures to prove it

so uncle piglett says:

take a few more trips ( as Boiler said)

take lots of pictures

have a BIG wedding and invite anyone important from the area

all of this will be a huge help when it's interview time

you may have to fight them but in the end if you really love this man it will work out

take care & good luck

piglett

Good advice, if you cant go talk on the phone alot, skype and keep track of everything! You will get it in Jesus name!

If you can afford to go to Nigeria, have an engagement party take pictures and when you get back file for him.

Truth is you probably won't get a tourist visa. Do what's necessary to go to Nigeria.

I'm tired of people always responding to posts about Nigeria saying it's a high fraud consulate and that Nigerians are always posing to gain the hearts of an American so they can make it to the US. From what I've seen, there are far more people who have met/married people from other countries and are here asking advice on how to rid themselves of their spouse. You have not been to Nigeria, you have not experienced the people nor the many cultures, and you have no first hand knowledge of applying for B2 in Nigeria, yet you continue to perpetuate hate when you can and call it truth. You high five each other in your ignorance and feel it's your right to do so.

I'm Nigerian and Im not sure why you are offended by what was said, its true and you know it!! Definitely its not everyone but a good number! They said be careful, sounds like good advice to me!

This is for u immigrant123; u&ur daughter should dance to this "I got the moves like Jagger..." I am so happy I prayed for u like I said I would. Congratulations&never take this opportunity for granted. Best wishes; now you can raise your daughter with peace of mind. God bless u&God Bless the USA.

Thank you! I am dancing! I read back all the negative discouraging comments on this thread and I am dancing even harder! Thanks for your prayers!!! God made a way where there seemed to be NO WAY!

Bizarre turn of events, I hope some is inspired and encouraged by this!

So I filed a motion to re open and reconsider with the USCIS office that denied me based on my misrepresenting my self as a USC. Te motion was file by Alex and Pinnix in Raleigh NC. They were affordable and thorough. We prepare affidavits from me, my siblings and my mother. Both my parents are citizens but I could not prove when my father became citizen or if he ha listed me as his child.

Anyway, we submitted the motion to reconsider/reopen on July 20th. New evidence was not available as I still did not have prove of my father's US citizenship. Our strategy was to use the new Prosecutorial Discretion that was recently passed when ever I appeared before a judge. I obtained character letters form my community, friends, relatives and even had my 11 year old write to whom it may concern, that my removal would cause her extreme hardship.

On August 30th which was also my birthday, I received a text message saying my green card had been mailed!!! Just like that! I was confused because the motion had not even been granted.

A couple days later I received a letter saying motion had been granted! Then a day after that a letter saying Welcome to the United States! On Sept 7th, I received my green card!

I wish I could explain it but I cant!

I just thank God!

I have decided to go back to school and become an immigration lawyer! I would love to help folks in my situation and give them the opportunity at a better life.

So what is happening? Have you found any new information that can help you, or an attorney that can help you? Did you contact jenkatx? She had good advice and also has friends and family in Nigeria. Maybe someone can help you if it comes down to that. Please let us know how you're doing. Best wishes and take care.

Bizarre turn of events, I hope some is inspired and encouraged by this!

So I filed a motion to re open and reconsider with the USCIS office that denied me based on my misrepresenting my self as a USC. Te motion was file by Alex and Pinnix in Raleigh NC. They were affordable and thorough. We prepare affidavits from me, my siblings and my mother. Both my parents are citizens but I could not prove when my father became citizen or if he ha listed me as his child.

Anyway, we submitted the motion to reconsider/reopen on July 20th. New evidence was not available as I still did not have prove of my father's US citizenship. Our strategy was to use the new Prosecutorial Discretion that was recently passed when ever I appeared before a judge. I obtained character letters form my community, friends, relatives and even had my 11 year old write to whom it may concern, that my removal would cause her extreme hardship.

On August 30th which was also my birthday, I received a text message saying my green card had been mailed!!! Just like that! I was confused because the motion had not even been granted.

A couple days later I received a letter saying motion had been granted! Then a day after that a letter saying Welcome to the United States! On Sept 7th, I received my green card!

I wish I could explain it but I cant!

I just thank God!

I have decided to go back to school and become an immigration lawyer! I would love to help folks in my situation and give them the opportunity at a better life.

The pronoun "That" is a little vague, I'm not sure what you are referring to. Are you referring to the second link in my earlier post? Or me at all?

Assuming you were, the second case I post is unrelated to the issue of "national vs. Citizen"

Thank you, I found the second link useful

I believe JimVaPhuong is --by a wide margin--the most competent VJ member in these issues here. I also believe that without a top notch expert attorney who's specialized in deportation issues (Laurel does I-212 and I-601s), you'll find yourself on a plane to Nigeria very soon.

I have one question: when exactly did you fill out hat I-9 form? Do you have a copy of it? Did it say "US citizen" or did it say "US citizen or US national"? Did it have 3 choices or 4?

It was the old form, where it said citizen or foreign national, but in a sworn statement, I admitted I had always claim citizen whenever appropriate. I did not have a lawyer with me and I did not realize what I was doing would be used against me...I was just being honest. Laurel Said I could not use the "i was referring to National bit" because of that statement

The removal process probably won't be dragged out for years, at least not based on a cancellation of removal petition. You aren't eligible for cancellation of removal. Under INA 240(b)(1):

(1) IN GENERAL.-The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;

(B) has been a person of good moral character during such period;

(C )

has not been convicted of an offense under section

212(a)(2), 237(a)(2) , or

237(a)(3)

, subject to paragraph (5); and

(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.

BTW, the "subject to paragraph (5) is referring to a possible waiver for a domestic violence conviction.

Under INA 237(a)(3)(D):

(D) FALSELY CLAIMING CITIZENSHIP-

(i) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A ) or any Federal or State law is deportable.

(ii) EXCEPTION- In the case of an alien making a representation described in clause (i), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such representation.

So, you're back at square one. INA 240(b)(1)(D) says you can't be granted cancellation of removal if you are found guilty of an offense under 237(a)(3), among others. INA 237(a)(3)(D) covers the false claim of citizenship.

Cancellation of removal is mainly for people who are deportable for immigration violations. I'm not sure it would work even as a delaying tactic in your case. Your only "out", from what I can see, is the exception that requires both of your parents to be US citizens.

Oh My! I'm dead!

I found this in the Department of State Manual for your situation.

"You should request an advisory opinion (AO) from the Department (CA/VO/L/A) in those cases involving a false claim to U.S. citizenship or nationality to an employer on a Form I-9, Employment Eligibility Verification."

9 FAM 40.63 Notes Page 27 of 29

U.S. Department of State Foreign Affairs Manual Volume 9―Visas

So maybe regarding your I9 false claim there may be a little leeway for opinion when you enter deportation hearings. Probably not very helpful, but I thought it might provide a tiny bit of hope.

Thanks...that does help!

Thus far what has the lawyer said to you?

Laurel Scott says dont file the motion to reopen or reconsider, she said instead wait it out until deportation proceedings start and file Removal Cancellation, on grounds that I am the sole caretaker of my daughter and my mum is aging and in ill health. She thought the motions may be futile and that the removal process can be dragged out a couple years, in which time, I may be permitted to work and better prepared for what may come.

She also advised me to get a local lawyer and that the cancellation thingy may run me close to $10,000

I want to fight but I am exhausted and it has just started! I dont know what to do.

Its not that I think Nigeria is bad, its just that i cant even fathom where to start! No family no friends and a child...HOW?

Hey I understand, so what do you do now, you have to pick yourself up and move on. One thing you should not do is keep thinking that going back to Nigeria is the worst thing in the world, because it isn't. It may not be what you want to do, but what if that is the end result. Nigeria is a big country and things there are progressive. Think outside of the box. Good luck on moving forward.

Thank you!

Question to the OP: When your mother got her citizenship in 2002, did you not question her as to what was your legal status in the US, in 2002 it seems as if your were an adult then, so this should have been of some concern for you. You also indicated that everyone else in the family attained their citizenship, is this the period that you were strained from the family. Sorry, but somethings are not adding up..... These are the same questions that a lawyer will asked, and they are the same questions that immigration will/has asked.

No I didn't, because I did not know she wasnt, to me , I just found out the dates when I started the process. I know my sisters were born here, I knew I wasn't but I assumed my approved I-130 made me citizen like Naturalization would. So its not that I did not know where I was born. I understand and the lawyer asked me those same questions.

Earlier on this thread, a person, whom I assume is an adult, said with conviction that having a social security card makes you a citizen! Even I know that isnt true! Just because some things seem like common sense to some doesnt make it common knowledge to all! I did not know! Ive had great jobs, make great money and if I had know I would have taken care of it sooner, hell if I had known I certainly wouldnt be the one offering immigration information they could use to prosecute me!

Born c 1980

Entered US c1987. No mention of how, as a visitor, fraudulent documents?

No mention of how rest of family obtained citizenship. Did they or just saying they did.

Presumably one did to file I 130, which just proves relationship, nothing else. Also would have to enter legally to adjust in country but assuming not through a spouse surely the overstay issue would have come up?

I do not get how you can be 32 and 'assume' you are a citizen of a foreign country.

Is 245i somehow involved?

Born 78 entered 85 on a visitor's visa with mum, dad was already here. Dad got green card in 89, mum got citizenship in 2004. I did not know the difference between GC and Citizenship until it involved me. I only know my mum got her citizenship now when things started coming up and I started asking questions. I moved out when I was 16...my sisters were born here, I was born in Nigeria. To me the approval notice was my citizenship, I never even looked at the form until they asked me to bring proof via everify, when I showed them that they told me I needed do do an adjustment of status and I got right on it! It may seem plausibly but its the fact. I dont blame the system, I blame my parents and I blame myself for my assumptions. They were too busy fighting each other to give a damn and I was too busy being American to ask questions. If I knew why would I wait 13 years since my approve I-30 do to something about it? I appreciate your feedback though

Nope... Life time ban for claims of being a USC, when you are not. No waviers.....

Only Waiver Or Exception

To Inadmissibility:

Section 212(a)(6)©(ii)(II) of the Immigration and Nationality Act states the only exception or waiver to falsely claiming U.S. citizenship, to wit: In the case of an alien making a representation described in subclause (I) (on false representation to be a U.S. citizen), if:

(1) each natural parent of the alien (or, in the case of an adopted alien, each adopted parent of the alien) is or was a citizen (whether by birth or naturalization);

(2) the alien permanently resided in the United States prior to attaining the age of sixteen (16); and

(3) the alien reasonably believed at the time of making such representation that he or she was a citizen.

If all three (3) aforesaid elements are present, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation of being a United States citizen.

Obviously the lack of communication that has put her in this situation does not qualify for a U-visa, but we do not know if there have been other events in her life that may (for everyone's information, a U-visa is for people that show that have been victims of felonious crimes, show that they have suffered physical or mental abuse as a result of the crime, cooperate with the police, etc. etc.).

All I am saying is that there is a lot that we cannot know here. An immigration attorney will be able to delve much further into her situation/past than we will. What I am trying to do is encourage her to go to an immigration lawyer and not take someone's advice here who says that her situation is too hopeless; who knows if she may end up finding that she qualifies for something beyond the basic problem that she is facing. I would hate for her to get deported without exploring every possibility.

Thank you! I can really use the encouragement...like where do I start? I dont know ANYONE in Nigeria! So I get there and then what? I'm sooooo screwed! And they revoked my EAD so I cant even work pending sorting this out! I swear I'm totally suicidal! Ive lost my home, my car...I cant pay legal fees...Im doomed

Ok there is some inconsistency in your statement. Why if you were thinking you were a US Citizen did you apply for a greencard? What prompted that? Who advised you to do that?

At this point you do not need a good Immigration Attorney you need a BRILLIANT Immigration Attorney. By all means file the MTR within the allotted time and seek help from an immigration attorney who is noted for pulling rabbits out of the hat, say for instance Carl Shusterman. The fact that you have a US Citizen child and are a single parent lets the government use discretion, you just have to get an attorney to communicate that. Your case sounds like it may have a hat to hang on so don't flake out and panic, get legal help. If the attorney can work out payment plan and get you EAD you might be able to work while this winds it way through the courts.

I only applied last year, I indicated US citizen as usual at a new job and they ran it through Everify which let me know I wasnt, I went to social securty administration and they advised me I only had an approve I-130 and needed to do an adjustment of status! I am freaking out! If I knew I did something wrong why would I go disclose to USCIS that I filled out citizen? They didnt even ask me! OMG I guess this is the price of being honest...I have never violated any laws and I even file taxes...I feel like my life is over! I havent worked since August last year when this all happened and consultation alone was $200 ...Ill see what Laurel Scott says tomorrow!

Thanks again yall

A child automatically acquires US citizenship if one of the child's parents is a US citizen (including by naturalization), the child is under 18, the child is in the US in the custody of the US citizen parent, and the child was admitted to the US for immigration. This last one may be the "gotcha".

The OP was applying for adjustment of status, so he obviously didn't enter the US with an immigrant visa. He would be considered to have been admitted for immigration if his AOS application was approved. However, in order to meet the other requirements for automatic citizenship he would have needed to submit the AOS application before he was 18. It's too late for him to get automatic citizenship.

Funny thing is I was the one who disclosed to them that I have always thought I was a citizen, my I-130 was approved in 1997, my mum filled for me but she did not become a citizen until 2004 and my dad got his green card in 1989 but I do not know if he has since Naturalized. I cant find hm to confirm. Would they really deport me to a country Ive never been since age 7? I have an 11 year old USC child! Can I refuse to leave? As in will they keep me in detention? My whole family lives in the US, I am the only one who is not a USC the rest were born here! I showed them school records and copies of everyone's US passport except my dad. Their denial said they could not verify my claim that my dad was a citizen, does that mean he isnt or they just cant be bothered to check?

Does not say you are citizen but does replace the green card. If you have green card and receive SS #, you are asked to tear up the green card. Most of the time when you go for change of status interview you are told to bring in green card to show it destroyed in front of Immigration interviewer. There was no reason for you to apply for green card.

Speaking to Laurel Scott tomorrow...pray for me yall and thanks!!

Same here...Ive been estranged from my mum since age 15 so I really didnt know there was anything I needed to do, she sent me my approve I-130 at some point and I thought that was it, infact when the Everify issue came up I just gave them that and thats when i learned I needed to do an adjustment of status.

If your family was in the US all this time someone was claiming you on their taxes. So, you should have a social security number. I am confused as to why you need green card now.

I have a valid social security # and my mum was claiming me on her taxes, I didnt think I needed one until last year when they ran my name through Everify and discovered that I was an alien

So my Green CARD Application was denied and I was told I couldn't appeal! They said I needed to leave the country within 30 days or file a motion to reopen or reconsider! Leave for where? I came to the country when I was 7 years old and I am now 32!

I was denied because I admitted I misrepresented myself as a US citizen on my I-9 document and I filed unemployment as well. I told them this because I believe I was a US citizen, everyone in my household was and I remember my mu telling me my i-130 was approved, I thought that was it! I cant afford a lawyer, they canceled my EAD, I can even afford the fees to file a reconsider motion! My daughter is a US citizen and I am a single parent! What is my best bet at this point? Please help!!

your funny you will be alright and no worries they wont be sending you anywhere and wow you worked all those years and no one questioned you....shows all the loopholes in the immigration system...no worries you will be fine

Thank you for the encouragement! This really is Free therapy

I got the same notice interview on May 2. It's the same location (interview) National Benefit Center. We are just waititng for the letter now from USCIS for more info about the specific time, date and what to bring during that big day! I hope to hear from you. Now we have more than a month a to prepare. Good luck to us and keep on contemplating positive results and a great experience.

Jovialyen...Good luck to us both! We will have great reports IJN! AMEN

actually mine came under the I485 receipt number (AOS)i have not received any txt/email for the EAD or AP receipt numbers yet. So to clear things up I got three txt/email for the I485 (AOS) receipt number

Hell who needs EAD when you've got an approves AOS!!! Whooooohoooooo! I'm popping virtual Champagne with you!!!

Thank you guys! I'm glad I have the Forum! Havent slept in days! I have been here since I was 9 on a visiting visa! I am now 32 and just realized recently that I needed to file an AOS my I130 was approved in 97 and my parents never did my AOS! Ive got no passport no proof of entry no i-94 nothing! I just feel like they will laugh at me at that interview on May 2nd like 'are you ###### kidding us?'Oh and I have worked alll these years since I was about 20! So I am literally holding my breath! I just assumed I could because both my parents were citizens (naturalized) I was too! Not until Everify called me out about a year ago! I am sick to my stomach because I havent worked in 7months and I am wondering where the hell they want to send me to if they dont approve me! Arrrggggh FML

This is funny you bring this up because on March 28th I got txt saying my card was in production at about 130pm then at about 6pm I got a 2nd text that said we have registered this permanent resident status and should get the card in 60 days and the blue dot had moved back to decision then I got a third txt Mar 29 at 2am saying card is in production again...I am sooo confused. Then I saw you got an interview notice after receiving all that I wonder if we will still have to have an interview as well. all of my txt msg came in on the I485 none on the AP/EAD receipt numbers in fact the EAD/AP still say intial review on the USCIS website. I dont know if I am getting the greencard, EAD, or AP it is so not clear....

So wait, this is for EAD right? You got the approval for EAD?

The AOS is another receipt number all together and that is the one that says my interview is May 2nd.

So the EAD is on the way? I got 3 text messages too! Decision (approved) Card production the back to post decision activity