Lapo44

Hello everyone!

Here I am again. I've made a similar post about a year ago.

I was denied naturalization due to unlawfully issued green card. I've got my green card as a derivative asylee, but at the time of approval we were already divorced (it took CIS over four years to adjudicate my I-485). My lawyer at the time did not see an issue there, so after I divorced my first spouse I kept waiting for I-485 to be adjudicated and it was approved in about two years or so.

I then married again and my current spouse is a US citizen. We were already married when I got green card.

Las year I applied for naturalization and was denied. The reason was stated as "Green Card was not lawfully issued", it said I was no longer eligible for green card under the category I applied.

CIS did not proceed to rescind my status. I have consulted with multiple immigration attorneys, but none were sure about what can be done in order to fix this.

One out of state lawyer advised that my spouse petition for me and we try to get new green card. We did file I-130 and I-485 which are both pending at the time.

I've been desperately trying to find someone who had been in a similar situation and can share their thoughts and experiences.

I'd appreciate any advise!

Thank you all!

9 hours ago, Ray.Bonaquist said:

On 2/19/2020 at 8:27 PM, sandranj said:

your status!!!!

A new USCIS policy went into effect recently which might somewhat support what you’re saying

In my case my fist adjustment of status was based on asylum (I was a derivative asylee), so this policy is probably not applicable to my case. 

12 hours ago, sandranj said:

You don't need to be in removal proceedings to file a new AOS.Your attorney can file  a new AOS now.There are several decisions from the BIA about this matter. It's not a big deal. Find an attorney in your area who tells you "WE CAN FILE FOR YOUR  AOS NOW". USCIS will not rescind your status!!!!

Hi! Thank you very much for replying!
I’ve been looking at this as an option as well. But was told by lawyers that it won’t work because I’m already holding an LPR status. My husband wanted to petition for me after we found out about the issue.
Do you think I need an attorney or can we file ourselves? I just don’t seem to have a good luck finding one who knows how to handle such issues.

4 hours ago, Ray.Bonaquist said:

To be clear although it was unfortunate, you do not meet the criteria for naturalization and you cannot be naturalized by sympathy just because the error was not yours. Naturalization requires strict fulfillment of all the criteria for naturalization.

 

Unlike others who say you should leave it be and just maintain permanent residence status, I disagree. It could come back to bite you one day, plus becoming a citizen is preferable for several reasons.

 

There is a process by which your problem can be fixed by backdating your removal of condition (since it took so long), it is called nunc pro tunc.

 

 

While doing some research in 2017, I came across a case in immigration court which was somewhat similar to yours and the immigration judge suggested to USCIS to address the problem by backdating the defendants original approval date (which would cure the existing problem) because the situation was an unfortunate one created by immigrations negligence, not the defendant.

 

If I were in your shoes I would wait until the Trump administration is no longer in power, then get an experienced competent attorney who knows what he is doing to proceed with fixing the issue. You would likely have to go through court (maybe immigration court❓)to apply this.

Hi! Thank you very much for your response!

I do 100% realize that this issue might rise in future and cause more troubles for me. That’s is why I’m totally not ok with leaving it as it is. I’m trying to do my best in order to find a way to fix it.

My current spouse is a US citizen and we were married at the time my green card application was approved (for over a year at that point). So in case CIS revokes my status he will file a petition for me. I was expecting them to do it but after some research and consultations with lawyers it seems like it’s very unlikely for them to send me an NTA.

I’m currently looking into how then rescinding procedure goes. Seems like the officer/adjudicator (at the local office) might initiate the process. And send an alien a notice of intent to rescind. And in case of alien agreeing or not responding the status will automatically be revoked an they send an alien a letter asking to bring their green card to nearest USCIS office. And that should bring alien to the status he/she had before the adjustment to LPR. I was a derivative asylee at that point. That would probably be the best and fastest way to fix it. Because we would apply to adjust through marriage as soon as this my current status revoked. 
I contacted my local CIS office director. No response.

going to try Ombudsman but I had been doing it before with no luck so I do not really have high hopes for that(

2 hours ago, Villanelle said:

Im pretty sure I commented on your last post about this 4 months ago. Im sorry nothing has happened since then.  

 

You can not be naturalized because your card was not issued properly. Theres no way around that. Doesnt matter if it was your fault or not- the card was not issued properly so you cant naturalize... Depending on how much the attny wants to draft a letter it may be worth a shot. I understand you wrote them already but when it comes from a lawyer and uses fancy legal speak demanding they do something or else they will pursue further action (even if its an empty threat) it can sometimes push USCIS into taking action. 

 

Your other option is to surrender your improperly issued GC and reapply again through your spouse. I would be cautious of doing such and do a lot of research before hand about possible issues doing that. You may have overstay/bans/need a waiver. You may have to leave the US, maybe for the whole process maybe just to have the consular interview. You may run into moral character type issues. (now while GMC isnt a requirement for the GC like it is for citizenship the GC does require you to make a sworn statement that the marriage was not for benefits, they need to believe you can make such a truthful statement) You will have a period of time where you are unable to work when you surrender your GC- get a new EAD issued. Its a lot to consider.

Hello! Thank you very much for your response!

Surrendering my current status is not an option unfortunately. I looked into it, but I would need to leave the country and abandon it claiming I have established permanent residency in another country, which would be totally false statement. I have a family here, leaving them is definitely not an option. We have two kids together with my current husband and plenty of other proof of legitimacy of marriage. Actually I would assume the fact that we married two years prior to approval of my “wrong” green card is a good proof of us not entering this marriage for papers. So I hope this won’t be an issue, but I can not leave the country.

My issue with lawyers offer was that She does not seem to be sure this option has a good chance to work out. Like we will most likely get no response from them at all but we can try. That try would cost me about $1500. 
She also suggested me to leave the country and come back. She says ICE might initiate an issuance of NTA if they see that my green card was not properly issued. 

I tried to reach out to local CIS director in hopes they can initiate rescission. As it says in their manual they can rescind alien does not contest this. This should bring me back to the status I was in before I adjusted. This seems like very reasonable way to fix this issue for me. 
Because lawyer said I have to ask for them to issue me an NTA. And then go through immigration court which would take years to get a hearing at. At the same time she says it’s very unlikely for them to issue an NTA as they would realize they won’t probably deport me. 
I’m feeling desperate right now. I do not know who of the lawyers to trust and it seems like none of them really has experience with such situations and knows how to fix it..

25 minutes ago, Boiler said:

Perhaps I will be proven wrong but I doubt there are many in your situation.

 

Staying a LPR would seem the obvious safest option.

Honestly I do not feel like it is safe option. How can I be sure they will not revoke my status over time. I need to travel abroad and I can not be sure I’m safe to do so, I do not feel secure with this green card.

 I can not change the fact it was wrongfully approved but I would like to get it fixed. I’d be happy to reapply through marriage as my spouse would be happy to petition for me anytime. And I did not brake no law, neither I made false statements or covered any facts from immigration. I’d like to be naturalized eventually as I’m going to live here and I want to become a citizen, I did nothing to be banned from naturalization. I hope I will find a way to get it corrected!
And you’re right it seems like one of those cases you don’t see often. 
Thank you!!!

Hi guys!

It has been 4 months since I received denial notice for my application for naturalization. From this notice I learned I was wrongfully issued green card.

I was granted asylum in 2011 (my spouse was a primary asylum applicant)

2012 Applied to adjust status to permanent resident

2015 divorced and married to my current spouse
2017 application to adjust status approved and I received my green card

2019 denied naturalization due to being no longer eligible to adjust as an asylee (turned out as a spouse of an asylee) as we were no longer married. 

I have been consulting with four different lawyers over the past few months. Was told that most likely USCIS will not be rescinding my status. Two lawyers said that CIS would notify me in that denial notice if any procedures were planned in order to review my status, revoke it etc. anyway it been four months and did not not hear from CIS. A tried to contact them multiple times and was not able to obtain any information. Lawyers thinks it is a limbo situation, like it’s very unlikely that they will rescind my green card but at the same time won’t let me naturalize because of it being issued erroneously. One of the attorneys offered to send CIS directors letters asking them to send me an NTA so I can go to immigration court have my green card revoked and reapply (my current spouse is a US citizen).but I have already sent them letters asking for help in fixing this issue and got no response whatsoever.  I’ve been trying to gather as many info as possible and found out that it might really be the case when CIS may decide not to rescind status. But then I can’t see why I can not be naturalized. It was not my mistake. All lawyers agree they should have call me in for an interview since my application to adjust status was pending to so many years. I actually even had an infopass after I divorced and was advised not to withdraw application as officer said I was still eligible to adjust as an asylee.
Anyone has any experience with similar situations? Any advise would appreciated!

8 hours ago, azblk said:

I have read that manual too and it is contradictory in a case like yours. Case law however says if a benefit was issued in error or fraudulently then it is as if that benefit was NEVER issued at all. That being said it does you no good if the USCIS does not rescind your PR status but at the same time will not let you naturalize based on the same status the decide not to rescind. my thoughts to you would be to be proactive - complete and mail a i-407 to the USCIS abandoning your PR status and then reapply for PR through your marriage to your spouse.

That was my thought too. But then an attorney said I can only do it from outside of United States and I am not going to leave the country in order to abandon my PR status. 

12 hours ago, azblk said:

When a green card is issued in error legally it means that you were never a permanent resident. What this means is you still have your asylum status but you can not adjust status as derivative asylee.

You can still adjust another way in this case as the wife of a US citizen. You need to fire that lawyer because USCIS cant/wont let you keep a GC issued in error. At this point it is like you were never issued  GC and you should file AOS as the spouse of a USC.

Well, I do realize that. Although, there is an “adjudicator’s manual” published on USCIS website, that explains how adjudicator has to proceed making decisions about rescinding LPR status, and it says that in cases similar to mine they MIGHT decide not to rescind. 

I have consulted with two lawyers already. Got completely different advices from them. 

I wish I could reapply through marriage but I would only be able to do so IF and WHEN USCIS revokes my current status. Which I have no idea how long it might take (same as both of the lawyers I have contacted). Basically, there is nothing I can do before USCIS takes action towards rescinding my status.

Hey everyone!

I’m looking for advise and possible someone’s experience in similar cases as mine. USCIS issued me green card in error, I learned it in a hard way (after my naturalization application denial).

Long story short.

I was a derivative asylee and applied for adjustment of status based on asylum. While it was still pending (2 years later) I divorced from my husband, who was a lead applicant in the asylum case and married my current husband (US citizen). I consulted with the lawyer and had an infopass and was told I was still eligible to adjust through asylum, so I kept waiting for decision on i485. Was approved in 2017. 

Applied for naturalization and was denied since i485 was approved when I was no longer eligible (because of being divorced from primary applicant).

So right now I’m stuck in the situation where I do not know how to fix an issue. My lawyer says I might not get an NTA at all and they might just let me keep that green card but I won’t be able to naturalize through it most likely.

And in case they decide to revoke it I can just reapply through marriage. But I can not give it up myself. 

Im seeking the way to fix the issue, I’m not feeling well to be stuck with wrongfully approved green card. 

Has anyone been in similar situations? Would appreciate any input!

Thank you all!

30 minutes ago, Villanelle said:

Well technically it says "The fact that an alien was not eligible for adjustment of status does not automatically mean that you must rescind the alien's lawful permanent resident status." It doesnt say they cant.

 

As you probably read there is a long process they go through with some thing like this. IF they decide to not pursue rescission eventually there will be a letter placed in your file stating such and they will not review the matter again unless new info is provided. So I am assuming once a letter stating the matter is closed is placed in your file you should be able to apply for naturalization again successfully.  

 

I do not know if they will drop this or not. You were given the card in error. Im sorry infopass gave you incorrect info. If you were the primary applicant for the asylum then your marital status would not have mattered but since you were the spouse on it you needed to still be the spouse. So USCIS would be fully justified in revoking your card, hopefully they dont pursue it since you would be eligible based on your new marriage.

Thank you for your response.

I understand they might rescind my LPR status. They have to send me a notice if they intent to do so. Do you have any idea how long it might take for them to resolve this? I’ve read somewhere they have 120 days to do it, but I’m not sure if the source was legit. Also would they notify me if they decide not to rescind my LPR status.

Its very frustrating!

9 minutes ago, USS_Voyager said:

I am not sure if that’s right. To me, it’s either or. Either you were not eligible and the green card was approved as an error, or you were eligible for the green card and they denied the N-400 in error. I am not 100% sure which one, but obviously they believe the first scenario which means they will next try to text your green card away. I would say this is lawyer time. At least buy an hour or two with a competent immigration lawyer to find out what the law is. I personally think they made an error in denying your N-400 but as I said, I do not know the law.

 

If you receive a notice to revoke your green card,  you need to immediately retain a lawyer I think.

Well, I’m pretty sure it is the GC that was approved in error. And I thought it might be an issue after I divorced, that’s why I went for infopass to find out. But the person at the infopass told me I’m still eligible. That denial notice explains that I was not qualifing for GC because I had already been divorced at the time of adjudication. 

USCIS has some manual on their website that is edited and available to public. There is a part for adjudicator about rescinding GC, it says before rescinding they have to make sure there were no other grounds to adjust status at the time of i485 approval. And if there were such they don’t rescind it. But than I don’t understand what happens next 🤷‍♀️ If they don’t take it away, there should be a possibility to naturalize.

If I will get notice I rescind I will definitely contact lawyer, but right now I’m just trying to learn from other people experiences in similar situations. It seems like it’s pretty rare issue so there was not much info I was able to obtain. I found one thread here from last year, the poster’s case seemed very similar to mine, I’ve contacted him but did not get any response unfortunately.

Hi everyone!

So I recently got me N400 denial notice with a reason for denial stating “you did not demonstrate that you were lawfully admitted for permanent residency”

Here are the details. I married to my first husband back in 2009 and he applied for asylum in 2010 and listed me as a spouse in his application. We were granted asylum in immigration court in 2011. In 2012 we applied for adjustment of status (1 year after asylum granted). Our applications were still pending when we divorced in 2015. I remarried soon after, my current husband is a US citizen. Application was approved in 2017 (backdated 2016) and I received my green card.

After I divorced and got married again I Called USCIS service center to try to notify them about a change of my family status and to find out if it will affect my application for adjustment of status, they did not give me any info, so I scheduled an infopass appointment and was told I’m still eligible to adjust through asylum even though I’m already divorced, as for notifing USCIS about my divorce and new marriage I was told I do not have to do it but I could if I wanted to. So I figured I’d rather do it, and sent them a letter with my case number, dissolution of marriage papers and marriage certificate. Now after three years my N400 is denied because I was no longer eligible for green card at the time of adjustment, because I was no longer a spouse of a primary applicant for asylum. 

So here come the questions. 

Whats going to happen next? From the information I was able to find on USCIS website they can not rescind my green card if I was eligible to apply for it on other basis at the time of my i485 adjudication (which I was, my US citizen husband could of petition for me). Also if they will intent to rescind GC they will notify me. And then I probably will be able to apply through my marriage.

But what if that’s not going to happen  can I apply for naturalization again? 

Did anybody have similar experience? Please share! Would appreciate any information!

Thanks