N-400 denial because of immigration error!!!

[Jamericanlove 31]

I think I understand the OP's plight.....

1. Married - April 2009

2. AOS interview - April 20, 2010

3. Conditional Card - Recieved in January 2011 but dated April 20, 2010 - April 20, 2012

4. Applied to remove conditions in January 2012 (approved without mistake being noticed)

5. Applied for citizenship Jun 2013

6. Interview Spetember 2013 - Denied for incorrect filing dates

It seems the original conditional card was dated April 20, 2010 when it should have been dated for sometime in January 2011 (what is written in her file as the true approval date). Because of this mistake which the OP would have no way of knowing occured, everything was subsequently done 9 months ahead of when it should have really happened.

This situation really is unfair. If you do have to go through the whole process again I would recommend that you apply for every fee waiver possible so you don't have to pay all over again for what may be unavoidable, but is not your fault. Beyond that I'm not sure what kind of advice to give. I'm so sorry you are going through this and I hope everything works out in your favor.

[Silentbeauty 3]

Darnell,contacted them but they said I have to wait to get the actual denial letter in hand and who knows how long that will be.thank you guys for your help thou,I appreciate it

[Silentbeauty 3]

Jamericanlove ,u got that exactly right.thats exactly what happened in my case.

[Silentbeauty 3]

I have to wait I guess for the denial letter ? .the IO said she will try to write a letter and attach it to my denial letter.im hoping they will waiver the fee and tell me step by step on what to do. can't believe I gotta go through this process again?

[Hypnos 6,576]

Unfortunately USCIS can reverse any decisions they have made based on an error, even if it was their error to begin with.

I suspect you will have no other option but to re-file for citizenship once you become properly eligible.

[David & Diana R 1,005]

I am so sorry this is happening to you. We will be praying for you. GOD BLESS

Aloha Ke Akua

[Silentbeauty 3]

Thank you guys a lot.ill keep u updated.thank you david n zoila ?.

[Nodir 10]

Oh well this is a confused situation but I wonder why you waited 9 months to get your green card and never made any actions? The green card should arrive within a month I think, and you waited 9 months and never took any action? Or you did?

[DC85 113]

I will give u my honest advice , don't listen to people who just tell u refile when the time comes, if we the people don't stand against these unprofessional employee who lacked the minimum required training , espically for such critical job. Be sure, that they will do their best to cover up their mistakes . What to do now?

Contact your congressman and ombudsman and explain the situation in details and inform the ombudsman what the IO told u that more than 200 people had the same issue, your field officer should go for auditing review. Second if they denied your application go to the federal court after filing an appeal , make sure that they know that u r filing a lawsuit in ur appeal hearing. Find a good lawyer if u can afford it. A lot of people live in America and they know nothing about the law, don't think uscis is god and nobody can go after them, u can sue them get money and the judge can force them to fix ur file and he/she will grant u the citizenship. Consult with lawyers and am sure they will tell u have a strong case

[Silentbeauty 3]

@nordir I did made an infopass and was told wait 60 days,then 30 days.just the run around for 9months. @myafi,u are absolutely right, at the interview she was basically rushing me and didn't wanna answer my questions on there mistakes and basically said they were wrong but there's nothing they can do.i know when it comes on to uscis people get scared thinking they have no right but am just waiting on the actual letter to do more.i have no idea when I will get that.I called the ombudsman and was told when I get the actual denial letter then they can look into the case.only thing the IO told me was to sit and wait for the denial letter and she's sorry and the guy was new and didn't know what he was doing n because I filed to removed the 2yr condition the time i did, thats gonna be denied also.so basically everything is denied because I filed "too early" n I filed on the date they gave me I spoke with a lawyer today n she said its there mistake and it should be a easy fix in there office especially because the date on the card was in the system n when I get the denial letter they will take the case.so I'm just gonna sit and wait for the denial letter before I can get any legal help.

Thank you MYAFI

[huckerman26 3]

This is my story.i got married in april 2009 filed for adjustment of status ,had my interview 4.20.2011.the Io that interviewed us was pretty mean but I brushed that off. he said he will approve the case.waited and waited no greencard, until 9 months later. on the greencard it says 4.20.2011,so I was thinking well he approved us that date and it took 9months for me to get it.i filed to remove the condition 90 days before it expires and I was granted the 10yrs greencard. I applied for my citizenship this year in june2013 and got an interview date for September 19,2013.ok so I was happy,went to the interview,waited over 2 hours,didnt bother me because they were behind and had computer issues.anyways my name was called and the lady said both me and husband and kids should all come in.went in the office,was there for about 20 minutes because they had more computer issues, the IO said they must have picked up the new system from a garage sale,i just laughed and waited for another 20minutes.anyways she asked my husband and I to stand and tswear ij etc. .she gave me the civic test and I answered the first 6 correctly and did the reading and writing correctly and she asked me questions on my application.everything went well at that moment,then she took my file up and she got quiet and said well this is why they pay me the big box to tell you this,i was like what is she talking about,anyways she said,well I have to deny your case,its not your fault but ours.on your greencard it says 4.20.2011 and I understand that you applied the time that you should BUT!!! the IO that interviewed you for your greencard was new and had no idea what he was doing so he forgot to put the 4.20.2011 date in your file on that date,instead he put the date in 9months later ,so therefore you applied for your citizenship 9months too early and because you removed your 2 year greencard conditional card the time you did,that was also early. I was shocked,i just started to cry.i mean they made the mistake and waited until I went for my citizenship to tell me this.she said that's how the system is they don't actually go through all the file until they reach the citizenship step.so I asked what do I do now,she said she doesn't know what to tell me but its not my fault and I would just have to sit and wait for a denial letter and refile for my greencard and citizenship!!! are you serious!! I came this far and have to redo my entire immigration process because of there mistake.she said well to make you feel better,he did this to couple hundred people!! .I don't know how that gonna make me feel better thou.so now am here not knowning what to do.i contacted lawyers and waiting for a call back.i don't have the offiical denial letter in hand,i checked online to see if they updated my case but they haven't, so depressing that they did this and wont fix it,ooh and to make matters worst,my husband told me he saw the guy that messed up my papers just sitting relaxing in his office.im so glad I didn't see him because I definitely would have a little chat with him.so pissed!!!

[huckerman26 3]

Soorry hears about it , in what state you live?

[kmiami15 8]

I am with myafi1985..... when I arrived to this country and filed for green card, it took almost three years to be received.. when I got it, the date on the card was the day it was approved, not the date I had arrived (since I am Cuban).... so I somehow managed to talk an officer live at TSC, back in the days, and she told me that I needed to send the card back to be fixed and re issued... I did so... guess what?? second time I got my card wrong as well... mind you, the months kept going by and I was 6 months away from applying for my citizenship (after 5 years) and I called again and spoke to someone.... she told me that I already had a new card with the problem fixed that I was trying to get two green cards, I told her, excuse me?? If I still had the mistake, I would not be calling you.... so she was like okay, send us your arrival stamp on your passport along with the card and an explanation... in summary, I received my card (finally with the correct issue date) as I said before, 6 months before applying for naturalization... the system does not work sometimes and we cannot just sit and wait... we have to take action.... good luck!!!! I hope my story inspires you and I will follow your lawyer´s advice....

I will give u my honest advice , don't listen to people who just tell u refile when the time comes, if we the people don't stand against these unprofessional employee who lacked the minimum required training , espically for such critical job. Be sure, that they will do their best to cover up their mistakes . What to do now?
Contact your congressman and ombudsman and explain the situation in details and inform the ombudsman what the IO told u that more than 200 people had the same issue, your field officer should go for auditing review. Second if they denied your application go to the federal court after filing an appeal , make sure that they know that u r filing a lawsuit in ur appeal hearing. Find a good lawyer if u can afford it. A lot of people live in America and they know nothing about the law, don't think uscis is god and nobody can go after them, u can sue them get money and the judge can force them to fix ur file and he/she will grant u the citizenship. Consult with lawyers and am sure they will tell u have a strong case

I totally agree with you... please see below for my story similar to this one...

[Silentbeauty 3]

@huckerman,I live in Missouri

@kmiami,that's crazy u had to wait that long.they asked if ur trying to get two greencards,omg.they are ridiculous.these things happen a lot but I guess ppl are scared to talk about it infear of what they think immigration will do.been researching and no one had a similar case so I was thinking it was just me with this case. It's so sad that the IO messed up so many other people case,wish I could get in contact with them and see what they did.yes your story did inspire me,thanks a lot.did you get your citizenship ?

[kmiami15 8]

yes... it took me a year to get it but finally I did... and I am sure they had to go in the system and change the date (just like they need to do with yours) that states "resident since" on the GC.... these are very unique cases, but it is your right.... we pay so much and we do things the correct way and the way they expect us to, now we expect from them professionalism and accurateness when processing our documents... and now I imagine things have gotten better... I remember I only paid like $300 for my I485 and like $400 for my citizenship.... things are now way different... keep us posted.... I will add you as friends and we can keep in touch....