Saml7

No resolution yet. I hired Carl Shusterman as my attorney. He is currently reviewing my immigration file to see if anything can be done regarding this situation. I did understand one thing though. This will be an uphill battle. But I have the best attorney, so that is comforting.

Thank you Hypnos. I am about to schedule a consultation with Carl Shusterman. I came this far. Might as well take it all the way. I just can't digest the fact that the USCIS can blatantly deny the case even though I have satisfied every requirement for Naturalization. Sure, they are stuck up on the words. I've also consulted other attorneys and they agree that an adoption is not a prerequisite for maintaining a lawful permanent resident status. My uncle violated the law by not finalizing it. But I was admitted as a Lawful Permanent Resident because of the IR-4 visa, and there is no law that renders this status unlawful based on the adoption status.

Since intent is the key here, it's like someone who enters the U.S.A based on an Student (F1) visa, which has a requirement of proving non-immigrant intent to obtain the visa in the first place. However, a number of students convert their status to an H1, and subsequently a green card, and then to Citizenship through Naturalization. In this case, isn't the original intent for admission to U.S.A violated upon applying for a change of status, and that their original "admission was otherwise not in compliance with the law"? I don't see them getting denied and being told that their student status was unlawful since the intent was violated upon applying for the status change.They are approved if they independently establish eligibility for the new status. This means that when a student applies for a change of status, his student status doesn't become unlawful

The same situation can be applied to my case. Yes the intent was to finalize the adoption. However, it was not done. If my status is unlawful, then the students eventually applying for naturalization have entered the U.S unlawfully as well and their student visas should not have been issued due to the violation of the intention of the student visa. I independently established eligibility for Naturalization, and hence I should be able to have this approved.

I am willing to fight for this all the way to obtain the Citizenship that I deserve. Being a citizen is also about standing up for your rights, and I don't intend to back down from it. I will keep you guys updated on my progress.

Hello everyone,

Update on this case. My N-400 was denied. I am still waiting for the official notice with the reason. But I know that the reason for denial is a lack of adoption decree (due to not finalizing the adoption in the states).

Can anyone tell me a good immigration attorney that can help me with the appeal process? They can be anywhere in the USA. I heard about Carl Shusterman. Please let me know if there are any others that you think are knowledgeable, so that I can start making calls. Thank you.

Sam

Hi NigeriaBust,

I unfortunately dumped about 5,000 dollars on 2 attorneys who were nothing short of worthless. The first one stared at the IO and didn't utter a word and just said he doesn't know what to do. He wanted more money so he could do "research". The second one just sent the response and said I have to wait for eternity. I just can't afford a lawyer anymore. I kind of lost trust in them

Sam

Thank you everyone for having this conversation. It looks like you know guys more than my attorney. I am learning more and more everytime someone posts to this thread.

@Hypnos, that was the impression I was under. LPR status was nowhere mentioned to be contingent upon adoption finalization. Only the citizenship was mentioned as contingent. The fact that I got an IR4 visa allowed me to enter the USA as a Lawful Permanent Resident. And the fact that I maintained the status for more than 5 years allowed me to qualify for naturalization.

I am starting to think that the IO interpreted the law in her own way as she saw fit. Now the question is, if a judge will think in the same way...

Sam

Thank you for your response Hypnos.

Yea, that's exactly what I was thinking. Even though this was the response filed by my attorney, the IO is just sitting on it. I just don't know what to do if she denies it...This issue has caused me so much anxiety. I have been a responsible resident, filed my taxes, respected the laws, and this is how the US Government treats me. Its very emotionally draining.

Sam

Hi NigeriaorBust,

Thank you for your response. I went through the link you provided. This would mean that USCIS issued me a 'conditional green card'. The green card would not be valid if my uncle didn't finalize adoption. However, I can't find any information in the USCIS that mentions this. Also, it is mentioned that IR-4 immigrants would receive a permanent reside card. Why would the USCIS issue admit me as a permanent resident if it is unlawful?

It is mentioned nowhere that PR status becomes unlawful if adoption is not finalized...Please let me know if I am not thinking in the right direction. I really appreciate all you guys' help!

Sam

Hello Omeka,

Thanks for your reply. Unfortunately, the finalization needed to be done before I turned 18. I am 29 now. The finalization does not help now.

Sam

Hi, I am so glad there are many knowledgeable people who can help me in this...

I will make this concise. I am from India, and my parents died when I was 12. My uncle (US Citizen) obtained legal guardianship over me, with which I was granted an IR-4 visa. Using this visa, I entered United States when I was 14 in 2001 May. Right when I landed, I was issued a permanent resident stamp on passport (and green card mailed in a few months).

My uncle never finalized my adoption in the United States. Fast forward 14 years, I had a green card. I had been a permanent resident for more than the required 5 years, and satisfied all the requirements for naturalization. However, the immigration officer is giving me trouble because my adoption was not finalized. The way I understand, IR-4 children get a green card. Adoption needs to be finalized in order for the child to get US Citizenship. However, I have never found a law that states green card can be revoked if adoption is not finalized, or that I can't get naturalized. Just that you will remain a permanent resident. Is there a law that states otherwise? Please correct me if I am wrong.

So based on the facts, I have been a permanent resident for more than 5 years, passed the naturalization test, registered for selective service, and cleared everything to become a citizen. On the day of the interview, the IO issued me an N-14 stating that she needs the final adoption decree before she approves. How is this even applicable to naturalization? I am applying for naturalization based on the fact that I satisfied the eligibility criteria. My attorney sent a response stating the same and its been almost 90 days since we sent the response. They keep saying its under review. I am planning to send letter to Senator. Do I have a valid case? Is my green card conditional? Was it supposed to be revoked if adoption is not finalized? Was the IO even supposed to ask me for my adoption decree even though I expressed a DOZEN times that I don't have one? Please help me and let me know! Thank you!!

Sorry about the long post

Sam