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Filed: Country: Namibia
Timeline
Posted

I have been a permanent resident for the last 4 years and 10 months, and I am initiating the naturalization process. However, I have a few questions, and I hope someone who has experienced the same journey will have input that will inform my next steps.

I came to the country on a student visa a little bit over 10 years ago. I got married in 2008 and in 2009, before I adjusted my status, I was arrested by ICE and put under removal proceedings. After 2 days in their detention center, I was released under my own recognizance and allowed to pursue the issue in the immigration court system. My spouse and I filed the requisite documents to adjust my status and the application was approved in May 2011. At my last court hearing in August 2011, the immigration judge presiding over the removal proceedings case granted me relief. Thankfully, I was issued a 10 year green card since I had been married for over 2 years.

My marriage ended amicably in 2011, after 7 years of marriage, without any children.

It has now been 4 years and 10 months, and I am considering the naturalization process. I must add that I graduated from university, I work for the state government, and I have not had any issues with the law enforcement. I have travelled to Canada, back home to England and Asia. I have been out of the country for a record 73 days over the last 5 years. I dutifully pay my taxes every year, and I am have never been a beneficiary of any government social program.

Naturally, I am concerned by the issue I had back in 2009, the removal proceedings, but I have ruling from the court in hand.

Please let me know if my application will be problematic, If I require a battery of lawyers and legal scholars to steer my appeal or if I can pursue this issue on my own without forking out thousands of dollars for legal representation. Your experiences are invaluable, and I am honored by your consideration.

Z

Posted (edited)

there is nothing problematic with your application based on the history you've given. You're not the first to have failed to adjust status after marriage and been picked up. You maneuvered through that danger just fine and it shouldn't affect you now. One thing though, did you apply for the draft if you were of the appropriate age and you're a man?

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: F-2A Visa Country: Nepal
Timeline
Posted

I think you'll not run into any problem. Make sure you declare your removal proceedingd in N400 form, provide a description of what happened and support that with documentation you have.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Country: Namibia
Timeline
Posted

there is nothing problematic with your application based on the history you've given. You're not the first to have failed to adjust status after marriage and been picked up. You maneuvered through that danger just fine and it shouldn't affect you now. One thing though, did you apply for the draft if you were of the appropriate age and you're a man?

Yes I did. I just printed out the information from the selective service website. Thanks for the response.

I think you'll not run into any problem. Make sure you declare your removal proceedingd in N400 form, provide a description of what happened and support that with documentation you have.

Should I draft a letter explaining the details? The form only has a section for a brief overview of the disposition.

Thank you.

  • 9 months later...
Filed: Country: Namibia
Timeline
Posted

I had my interview on Tuesday. I thought everything went smoothly. I passed both the civics test and the English test and answered all the questions regarding my n400. There wasn't a single sticking issue and the IO was very casual. After signing all the documents, she handed me the N652 stating that I passed the tests, but "a decision cannot be made yet about your application." She added that everything was "ok", but she needed to go through my file because I was once in removal proceedings, that even if she were to approve the application, I would still have to wait between 30 and 60 days for and oath ceremony, and that they will contact me if they need anything else from me.

 

Suffice it to say that I am in a world of confusion and anxiety. 

 

What steps should I take?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
13 minutes ago, ZooKeeper232 said:

She added that everything was "ok"

I would rely on these words.  If everything were not OK, she would have told you so.  Have faith.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

*** Thread is moved from the US Citizenship main forum to the Case Progress subforum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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