Waiver conditions removed with no interview but ......

[kipalkot 0]

HI, i am back to tell you what has happened so far. In may 2007 i received my conditonal green card. I had to divorce in April 2010 and filed a waiver after filing a joint and husband refused to show up on interview. On September 16th, yesterday i received certified mail that says"

1. You are not a citizen or nationsl of US.

2. You are a native of ..... and citizen of .....

3. YOu entered here as an F1 on .............

4. Your status was adjusted to that of conditonal resident on May 24th 2007.

5. On August 25th the conditions on your status were removed and you were granted lawful permanent resident status.

6. On or before June 14, 2000, you represented yourself to be a citizen to obtain unauthorized employment in the US.

has anyone come accross such. I have not received the green they are saying they approved in August neither has my lawyer. I am yet to see my lawyer on monday. Just want to know if one has gone throug this or know someone who has.

[belinda63 3,038]

Doesn't sound good. Seems that they approved your unconditional green card and then or at the same time found that you had made false claims of US citizenship which is pretty much an automatic denial of immigration benefits. Most certainly get your attorney working on this and if the statement of claiming citizenship is false you will need to find out why they believe this and provide information it is incorrect. If you did falsely claim US citizenship chances are very good you will be ordered to leave the country.

[milimelo 4,477]

What else does the letter say?

DID you say to someone, checked USC box or wrote down on any paperwork that you are a USC when you were not?

[kipalkot 0]

What else does the letter say?

DID you say to someone, checked USC box or wrote down on any paperwork that you are a USC when you were not?

Well the letter says i falsfied to work. They approved my conditional status and this was in 2007. They claim that i falsified in 200 to work illegally.

[milimelo 4,477]

Well the letter says i falsfied to work. They approved my conditional status and this was in 2007. They claim that i falsified in 200 to work illegally.

Well, did you? If you did, you better find a good attorney and forget about ever filing for US citizenship.

[kipalkot 0]

Well, did you? If you did, you better find a good attorney and forget about ever filing for US citizenship.

Mmmhh let me see how it goes. So if this goes thro i can not qualify for citizenship?

Wow, one thing after another.

[VanessaTony 3,567]

Mmmhh let me see how it goes. So if this goes thro i can not qualify for citizenship?

Wow, one thing after another.

Umm it's not JUST not qualifying for citizenship. It's deportation. It's a lifetime ban. There IS a waiver of the lifetime ban... but that's the fun part.. :S

This document here: http://www.state.gov/documents/organization/87011.pdf page 27 outlines what you did (claiming to be a USC to gain employment) is an inadmissibility under 212(a)(6)©(ii). Page 28 explains what is needed for the waiver for non-immigrants and immigrants. This is some info on waivers: http://www.state.gov/documents/organization/87150.pdf not sure if it's helpful but can't hurt.

You said your filed a waiver for ROC because your "husband" refused to attend. Does this mean you divorced him? This is important because whether you did or not will depend on whether you're eligible for waiver. Either way, this is definitely lawyer territory. I would prepare for deportation if I were you (as in start planning your "what if's").

Well the letter says i falsfied to work. They approved my conditional status and this was in 2007. They claim that i falsified in 200 to work illegally.

Doesn't matter how long ago it was. They can also pull your USC if they find out you lied at any point and would have been ineligible for the benefit if they knew about what you did. In your case had they known about the claim prior to approved your GC, you never would have got the GC and they therefore can revoke your status and deport you.

Edited September 18, 2011 by Vanessa&Tony

[kipalkot 0]

Yes we divorced and i applied for waiver that they are saying they approved in August this year. I did not claim to be a citizen i however worked. I am n ot sure what they have to show that i claimed?? I wonder what they will bring forth. What can they bring my application to that job??

[VanessaTony 3,567]

Yes we divorced and i applied for waiver that they are saying they approved in August this year. I did not claim to be a citizen i however worked. I am n ot sure what they have to show that i claimed?? I wonder what they will bring forth. What can they bring my application to that job??

Could be a box you checked on the I-9. Could be anything and something you didn't think was that big a deal at the time.. it WAS 11 years ago...

They may have approved you in August but it sounds like they're revoking your status. Can you scan in the letter (deleting person info) so we can see what the whole thing says?

Okay well you're divorced and therefore ineligible for the waiver of the lifetime ban for claiming to be a USC (had you still been married - remarrying won't help - you would have been eligible for the waiver because of hardship to the USC). Seriously, hire a lawyer.

Edited September 18, 2011 by Vanessa&Tony

[Deputy Purple 1,294]

My guess would be the False Claim is related to an I-9 which is required for employment.

As others have said it's not just being able to naturalize that's on the line but your current status is in jeopardy also...

[kipalkot 0]

Yes i will see my lawyer. I copied exactly what the letter says above. No 6 says, Sometimes before or after June 14, you represented yourself to be a citizen of the USA for the purpose of obtaining unauthorized employment in the USA. On the basis of the foregoing, it is charged that you are subject to removal from the USA pursuant to the following provision of law. Section 237 (a) (3) of the immigration and Nationality Act, as amended, in that you are an alien who has falsely represented yourself to be a citizen of the USA for any purpose or benefit under this Act (including section 274A) or federal state law.

[VanessaTony 3,567]

Yes i will see my lawyer. I copied exactly what the letter says above. No 6 says, Sometimes before or after June 14, you represented yourself to be a citizen of the USA for the purpose of obtaining unauthorized employment in the USA. On the basis of the foregoing, it is charged that you are subject to removal from the USA pursuant to the following provision of law. Section 237 (a) (3) of the immigration and Nationality Act, as amended, in that you are an alien who has falsely represented yourself to be a citizen of the USA for any purpose or benefit under this Act (including section 274A) or federal state law.

Yep that's the part I was wondering about.

How long did they give you to leave the country? What options did they give? Did they say what comes next?

Your status either has been or will be revoked shortly (you didn't mention whether the letter addresses whether it has been yet or not) and you will be deported with a lifetime ban. I was under the impression there was a waiver but according to this: http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5672.html I don't see that your particular breach is waiver authorized.

Anyway its out of my league. All I know is you're in deeeeeeeep do-do. Like I said, see a lawyer and start planning what you'll do when/if you get deported. Not something you want to be unprepared for.

[kipalkot 0]

[ Well they say i will be told when and where to appear before a judge. i was given a list of attorneys to contact but they did not say how long i have to leave. It is a notice to appear. I have a child that am raising alone. I tried to upload it here but its kinda too big am still figuring what to do. Thanks for your concern.

[sachinky 465]

False claim to US citizenship is a lifetime ban with no waiver. Get a lawyer. NOW.

[VanessaTony 3,567]

False claim to US citizenship is a lifetime ban with no waiver. Get a lawyer. NOW.

Actually there is a waiver. I didn't think there was either but have a look at the link I posted above. There are waivers for both non-immigrants and immigrants.