Huh. Is it really so unpopular for people to not know about or want to naturalize? At least based on VJ activity, seems like the overwhelming majority of people who qualify cannot wait to get their US citizenship
I'm pretty sure absolutely everyone here can get behind that one!
Curious about that one too. Are they going to make it harder for people to renounce US citizenship?
Just to be super explicit, you will know if you have been officially detained by a police officer. If you're not sure if you've been detained, you haven't been detained.
I updated the information I sent for ROC with more current files. I had to submit previous marriage information, divorce information and information regarding past spouses. If you file online, based on how you answer questions they will actually tell you what information is necessary and you upload it online. It was easy except for the 725.00 part, that was the most difficult.
Risk of what? Denial?
No. You are permitted to file.
As stated, it isn't going to adversely affect you, unless you end up 'stuck' in limbo like me.
Nope. Expressely permitted in law.
INA 334(a) to be exact - https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1445&num=0&edition=prelim
"§1445. Application for naturalization; declaration of intention
(a) Evidence and form
An applicant for naturalization shall make and file with the Attorney General a sworn application in writing, signed by the applicant in the applicant's own handwriting if physically able to write, which application shall be on a form prescribed by the Attorney General and shall include averments of all facts which in the opinion of the Attorney General may be material to the applicant's naturalization, and required to be proved under this subchapter. In the case of an applicant subject to a requirement of continuous residence under section 1427(a) or 1430(a) of this title, the application for naturalization may be filed up to 3 months before the date the applicant would first otherwise meet such continuous residence requirement."
Also clarified in 8 CFR 334.2(b)
https://www.ecfr.gov/cgi-bin/text-idx?&node=se8.1.334_12
Correct. You are eligible according to the time from your 'resident from' date on your 2 year card, which is the date you became a LPR.
There is no break in continuous residence as you remain a LPR until a final order of removal is made by an immigration judge, at which point you cease to be an LPR.
It is normal if there are no proceedings.
Yes, you can trust it.
As previous, it can take many years for it to work its way to and through the court system. They may not have sent it on immediately or at all, anticipating you would refile with a waiver.
Is the stamp from your denied I-751?
If so, do not travel under your current stamp. Make an infopass for a new I-551 stamp - you may have to bend the truth for the reason to get an appointment right now during covid, but that shouldn't be too hard.
The new stamp will be tied to - and probably annotated with - your new receipt number, NOT your old one and will be annotated 'TC-1' which is the code for spouse of US citizen denied/reopened,
It should look like mine (well, my last one - all of my stamps since refiling have these same annotations).
You will have to visit secondary every time you re-enter the country, which is required to verify your status. This will take a few minutes.
You remain a LPR with all the rights and responsibilities associated with that, until an immigration judge issues a final order of removal.
Since an LPR is absolutely granted the right to a hearing with an immigration judge, and is also permitted by law an I-551 during any and all immigration proceedings, this is what the 'TC-1' annotation is for - it is telling the officer at your POE that you have been denied, refiled/reopened, and proceedings are possibly pending. This is why they verify your status, and check that that there has been no final order of removal made/removal proceedings started - because you would no longer be an LPR if there had been, and would not be admitted.
I hear you, I feel exactly the same. It is a total pain in the butt.
Thankfully the laws are there for a reason, and you have rights.
The only thing you can do for peace of mine is check the hotline right before you travel. It is a call that I make from the airport right before I board a plane overseas.
Not all lawyers are created equal, and many lawyers like to cover their butts and err on the side of extreme caution.
If they told you that you were 100% ok to travel, and something unforseen happened, thats a lawsuit against them right there.
Nope.
Just get that new I-551 stamp, carry any relevant documentation with you and your old expired card (DO NOT SHOW YOUR EXPIRED CARD AT YOUR INFOPASS STAMP APPOINTMENT AS THEY MAY KEEP IT), and be confident that as a LPR you have certain rights under law, however frustrating and worrying this process is.
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