Took Oath but Citizenship denied

[Niraj 4]

My wife was called for Oath, she took oath, but at time of taking Naturalization certificate, she was denied without reason.

I am submitting herewith my wife's history.

1) She came with me in 2003 under H-4 visa, dependent on her Father.

2) She got her green card as her dad's derivative, getting L-4 and green card.

3) She applied for citizenship (N-400) in August 2011.

4) She got her interview on 11/10/2011 and passed the tests.

5) Was called for oath ceremony on January 27, 2012.

6) She took her oath on 01/27/2012 but at the last moment (at the time of issuing Naturalization certificate), they denied her the certificate.

7) She got a Motion to reopen an Approved Form N-400, Application for Naturalization on February 29, 2012.

8) Attorney filed a response to the application in March 2012.

9) She got a letter from USCIS stating that the application is still pending and they need 60 days to take a decision.

10) On USCIS website case status shows RFE, stating: "On February 27, 2013, we mailed a notice requesting initial evidence in this case." But strange part is we haven't received any requests by post, we inquired with InfoPass and via Telephone, but they say we have sent it already.

Her Father's History

1) Arrived in USA on April 20, 2003 under H-1B visa with family, consisting of wife, son and daughter (my wife).

2) The H-1B visa was filed by Attorney.

3) On February 2005 (An Employer) filed petition for Non-immigrant worker for change of status to L1A. This was done by Attorney.

4) Petition of The Employer approved and status of beneficiary allowed to be changed to L1A in February, 2005.

5) Granted status of Permanent Residence and issued Green Card on September 29,2005.

6) Employed with The Employer from March 2006 to Sep. 2006 and got W-2 from them.

7) Changed job and Employed with (Employer 2) from July 2005 to July 2012.

8) In February 2009 he was interrogated by Immigration officer at Atlanta airport (while he was coming back from India) and they enquired about (Employer 1) and Attorney, the attorney who did the L-1 and green card application. Employer 1 and Attorney did fraud with some other candidates and showed fake jobs in their profiles. But my father-in-law actually did job and got W2.

9) The Attorney was arrested by Immigration department and he is in jail.

10) My father-in-law filed N-400 (Citizenship applicaiton) August 2011.

11) Called for interview and test on January 18, 2012. Passed the test of English and US history and government.

12) On February 29, 2012 I got notice of Decision stating that the application is denied. He was given 30 days time to appeal.

13) An appeal was filed by anther Attorney (N-336) on March 2012.

14) Hearing was scheduled on August 24, 2012. My father-in-law appeared alone for the hearing without any Attorney and explained the truth to the officer.

15) On August 27, 2012 I got the decision from Immigration department denying my appeal.

As a result of her dads denial, she is kept on halt. But actually she was minor at time of entry in the US and she was not liable for mistake of Employer and Attorney. Legally she must get Citizenship.

Can you please suggest how can we go forward with this case and get Citizenship for my wife and/or my father-in-law ?

Thank you.

[Boiler 45,486]

You can look it up, but a L requires the employee to have worked for one year in the previous 3 outside the us.

[nightingalejules 678]

Whoa. That's very complicated. I'm sure you have some pretty negative feelings about immigration lawyers, but it don't think there's anyone here on VJ qualified to help you. You need a good lawyer to sort this mess out.

[JimmyHou 611]

My wife was called for Oath, she took oath, but at time of taking Naturalization certificate, she was denied without reason.

I am submitting herewith my wife's history.

1) She came with me in 2003 under H-4 visa, dependent on her Father.

2) She got her green card as her dad's derivative, getting L-4 and green card.

3) She applied for citizenship (N-400) in August 2011.

4) She got her interview on 11/10/2011 and passed the tests.

5) Was called for oath ceremony on January 27, 2012.

6) She took her oath on 01/27/2012 but at the last moment (at the time of issuing Naturalization certificate), they denied her the certificate.

7) She got a Motion to reopen an Approved Form N-400, Application for Naturalization on February 29, 2012.

8) Attorney filed a response to the application in March 2012.

9) She got a letter from USCIS stating that the application is still pending and they need 60 days to take a decision.

10) On USCIS website case status shows RFE, stating: "On February 27, 2013, we mailed a notice requesting initial evidence in this case." But strange part is we haven't received any requests by post, we inquired with InfoPass and via Telephone, but they say we have sent it already.

Her Father's History

1) Arrived in USA on April 20, 2003 under H-1B visa with family, consisting of wife, son and daughter (my wife).

2) The H-1B visa was filed by Attorney.

3) On February 2005 (An Employer) filed petition for Non-immigrant worker for change of status to L1A. This was done by Attorney.

4) Petition of The Employer approved and status of beneficiary allowed to be changed to L1A in February, 2005.

5) Granted status of Permanent Residence and issued Green Card on September 29,2005.

6) Employed with The Employer from March 2006 to Sep. 2006 and got W-2 from them.

7) Changed job and Employed with (Employer 2) from July 2005 to July 2012.

8) In February 2009 he was interrogated by Immigration officer at Atlanta airport (while he was coming back from India) and they enquired about (Employer 1) and Attorney, the attorney who did the L-1 and green card application. Employer 1 and Attorney did fraud with some other candidates and showed fake jobs in their profiles. But my father-in-law actually did job and got W2.

9) The Attorney was arrested by Immigration department and he is in jail.

10) My father-in-law filed N-400 (Citizenship applicaiton) August 2011.

11) Called for interview and test on January 18, 2012. Passed the test of English and US history and government.

12) On February 29, 2012 I got notice of Decision stating that the application is denied. He was given 30 days time to appeal.

13) An appeal was filed by anther Attorney (N-336) on March 2012.

14) Hearing was scheduled on August 24, 2012. My father-in-law appeared alone for the hearing without any Attorney and explained the truth to the officer.

15) On August 27, 2012 I got the decision from Immigration department denying my appeal.

As a result of her dads denial, she is kept on halt. But actually she was minor at time of entry in the US and she was not liable for mistake of Employer and Attorney. Legally she must get Citizenship.

Can you please suggest how can we go forward with this case and get Citizenship for my wife and/or my father-in-law ?

Thank you.

I have to agree with the previous posters, this is really over our heads and you need a good lawyer. I wonder what could have happened to make them schedule her ceremony and let her go along with it and then change their minds at the last moment.

Your point about her being a minor and not responsible, is probably right; she's not responsible for any wrong-doing, however, that does not guarantee eligibility for citizenship. Let me give you a unrelated example. If the father and daughter were both permanent residents and the father got a job abroad when the daughter was 12 years old and they both moved to Europe for 6 years without returning to the US, the daughter would have a very difficult time coming back at age 18 because she would have been out of the country for too long. Even though she was a minor, unaware of the rules, and subject to her father's decisions, the same eligibility rules would apply to her.

Having said that, your case is much more complicated and a good lawyer may easily find a work-around. I really suggest you consult one. Good luck to you, you're in an unfortunate situation through no fault of your own or your wife's.

[belinda63 3,038]

You need an attorney. In an nutshell since her dad's citizenship was denied and she was a derivative of him it was proper to deny hers also. Just as if an LPR by marriage is denied citizenship (for whatever reason) any derivative children of the LPR are also denied citizenship.

[Boiler 45,486]

Not always, in this case it appears the PR status was obtained fraudulently.

[belinda63 3,038]

Legally she must get Citizenship. Nope, no one is entitled to just receive citizenship, they must meet the requirements.

Even if her father honestly believed what he was doing was correct and proper according to US law he is still liable if fraud is discovered. He didn't commit the fraud, this is why he is not in jail. But he obtained benefits by fraud (sounds like) and thus he is not entitled to those benefits.

Has he heard anything about his green card being revoked? If it was obtained through a fraudulent L-1 visa this would be the next logical step.

He needs a really good attorney....quick.

[aussie_jason 195]

Going by your timeline you seem to be a US citizen, is that correct? If so I would highly recommend proceeding with your wife's AOS on that basis. Her father has clearly broken immigration laws and I would distance myself from that if at all possible otherwise you are going to need a very good attorney but even then you may not have a case.

The L1-A visa is for a manager of a foreign company to transfer to a US based subsidiary of the foreign company, often in order for that manager to help establish the US based office, which clearly was not the case here. I can't even see how he managed to transfer from a H-1B to a L-1A, that wouldn't seem like a valid status change, the reverse would be and is quite common but what her father did was clearly not legal.

[Boiler 45,486]

I think she is Indian living in the US as a PR and he is in India being sponsored.