Citizenship Denied

[henry26 0]

I came to USA in 1991 on visit visa and overstayed as my father applied for my Green Card. Later in 2002 I got Green card through my father. But now when I applied for Citizenship it is denied by USCIS. Its says that I did not submitted the waiver (adjustment of Status) but I did submit them waiver. My lawyer says its USCIS mistake and they will give me Citizenship…I am kind of worried anyone else in same situation or please share you thoughts on this or your experiences…Thanks

[Chica Yeyé 41]

Do you have copies of all the documentation previously submitted, and receipt of said documents? How can you legally prove you did?

[henry26 0]

Do you have copies of all the documentation previously submitted, and receipt of said documents? How can you legally prove you did?

I dont have proof of waiver my lawyer submitted but based on that only USCIS gave me Green Card...

[Chica Yeyé 41]

Do you have copies of all the documentation previously submitted, and receipt of said documents? How can you legally prove you did?

I dont have proof of waiver my lawyer submitted but based on that only USCIS gave me Green Card...

Your lawyer should have kept copies if he/she has 2 cents of brain.

[NickD 203]

Sounds complicated as to why the USCIS even issued a green card with an overstay, were you a minor back then?

But there is a lesson to be learned by your experience and that is to save all of your immigration papers. After my wife received her USC, was very tempted to have a fire with that big pile of stuff, but elected to file it instead. Never know when you may run into problems even when you think it's all over.

But if you were just a kid at the time, had to depend upon someone else. Maybe they can help you.

[henry26 0]

Sounds complicated as to why the USCIS even issued a green card with an overstay, were you a minor back then?

But there is a lesson to be learned by your experience and that is to save all of your immigration papers. After my wife received her USC, was very tempted to have a fire with that big pile of stuff, but elected to file it instead. Never know when you may run into problems even when you think it's all over.

But if you were just a kid at the time, had to depend upon someone else. Maybe they can help you.

No I was not Minor, Though my kids were minor when we received GC...

[NickD 203]

Sounds complicated as to why the USCIS even issued a green card with an overstay, were you a minor back then?

But there is a lesson to be learned by your experience and that is to save all of your immigration papers. After my wife received her USC, was very tempted to have a fire with that big pile of stuff, but elected to file it instead. Never know when you may run into problems even when you think it's all over.

But if you were just a kid at the time, had to depend upon someone else. Maybe they can help you.

No I was not Minor, Though my kids were minor when we received GC...

Over staying a visa is major with the USCIS, let's hope they do not take away your green card as well. Don't know all the details of your case and don't need to know. Hope you can trust your attorney. Can only wish you, good luck.

[JERIII 8]

Sounds complicated as to why the USCIS even issued a green card with an overstay, were you a minor back then?

But there is a lesson to be learned by your experience and that is to save all of your immigration papers. After my wife received her USC, was very tempted to have a fire with that big pile of stuff, but elected to file it instead. Never know when you may run into problems even when you think it's all over.

But if you were just a kid at the time, had to depend upon someone else. Maybe they can help you.

No I was not Minor, Though my kids were minor when we received GC...

Over staying a visa is major with the USCIS, let's hope they do not take away your green card as well. Don't know all the details of your case and don't need to know. Hope you can trust your attorney. Can only wish you, good luck.

We need more information about this before we can give you any real help. Did you get a letter from USCIS denying your citizenship? If so, could you quote that letter, please. If not, how do you know what they decided.

Everyone should relax about the overstay, if it wasn't an issue when the green card was issued, it shouldn't be an issue now.

OP - do what your lawyer suggests!

[jsnearline 2]

if it wasn't an issue when the green card was issued, it shouldn't be an issue now.

That's the way it should be, but not always true. If USCIS determines at the naturalization stage that they granted a green card in error, they can and often do revoke it.

Hopefully the lawyer has a copy of the complete AOS file they prepared for the OP.

[wifey246 0]

Why are we assuming that the GC was granted in error because he overstayed? Most likely, he was 'grandfathered'. He was physically present in 2000 adn he entered legally.

I'm not sure what waiver he needs though.

Edited June 10, 2009 by wifey246

[jsnearline 2]

I'm not faulting the OP. What I'm saying is that sometimes one IO might let something slide during AOS, but another IO might take issue with it at the N-400 stage. There have been news articles written about permanent residents being denied citizenship on technicalities and then having their green cards revoked as well.

That's why I'm saying the lawyer better have their act together.