N400 Interview went bad

[Nikolet Kamenov 77]

Just now, Unidentified said:

If she was inspected how could she be illegal?

Thats why im asking maybe he doesnt know either

[mustang85635 182]

2 hours ago, Gorkhali said:

 Hi there 

 

yes, we all know OP did the crime. He is facing his consequences. But your reply was way too mean and bitter. 

Have you ever thought those people who circumvent the loopholes by traveling on B1/B2 and other non-immigrant visa and adjust their status? 

 

COMPLETELY DIFFERENT. Why didnt you mention the DACA that use the advance parole with some made up reason like "visit old sick grandparents" to adjust status when they get back. That is gaming the system in my opinion since they are in effect illegal immigrants.

 

I on the other hand came over on a B2 visa because I did an extended trip through the USA and found the love of my life in the process . I was inspected not only at the embassy where I had to produce all kinds of documents but also at the border.

Its not really a loophole but the LAW. 

 

Harboring an illegal immigrant who has not been inspected by anyone, no police checks no homeland security checks (administrative processing), nothing is and should be punished by law.

 

That as a nation we got to a point where someone goes to a citizenship interview and asks for the most priced citizenship in the world while committing a crime, harboring an illegal immigrant , thinks its completely normal and dandy, then comes here and is outraged on why an OFFICER OF THE LAW is outraged at you for being so impudent having the guts to go in there and keep a straight face.

 

Should be denied and your wife deported , thank god for you I wasn't your immigration officer buddy.

 

 

[Unidentified 2,930]

1 minute ago, Nikolet Kamenov said:

Thats why im asking maybe he doesnt know either

If she was here legally he wouldn't mention several times that she is illegal. He would probably have mentioned her going through CBP inspection and on what visa she came here on. 

[Longingfor 195]

I see a lesson is needed in terminology. 

Undocumented as the word suggests means no document was ever issued or checked hence no record. I'm keeping simple because... simply put the wife of OP entered the US without border control checking any documentation for her such as passport. Wife hid in bushes at the US Mexico border and sneak into the US. I hope it is clear what that means. 

 

The OP answered a few questions on his application by lying. Hence he is in a whole heap of mess. His status can be taken away and be deported because he knowingly lied on his citizenship application.  His only way out this mess is to get a lawyer which he has done. 

 

I think OP needs to focus on his meeting with USCIS and what strategy he and his lawyer is going to use. He clearly does not want to disclose truthfully his situation. He gives bits and pieces and only adds confusion to himself and the VJ community.  OP time to go focus on your defence. Remember you are going to defend yourself and your documents back not defend your wife.  Save your self first so that you can stay and fight to save her another day.

[NikLR 13,231]

I think it's pretty obvious that she entered without inspection 20 years ago but you can argue that the OP has not directly said that.   

 

Regardless of entering with or without inspection, she still is illegal if she doesn't have a valid green card, work visa, student visa, etc... 

 

So either she waits a year, dodging ICE for her son to apply for her (which the I-601A covers the without inspection entry) or they pursue the I-601 or I-212 waiver after she goes back to Mexico.  As an LPR he could still apply for his wife, she just can't adjust status unless her visa is current.  

 

Not sure if the OP will ever get US citizenship due to this issue though. Hopefully his lawyer can help him.  Honestly it's beyond the scope of this forum... This is not DIY. 

Edited March 25, 2018 by NikLR

[dawning 212]

26 minutes ago, Unidentified said:

If she was inspected how could she be illegal?

Illegal means that she doesn't have permission to be here at this time.  A lot of folks come on temporary visas such as student and visitor visas and then stay past the time allotted them, which makes their presence "illegal".  But they are not "Undocumented" because they have a document showing that they were once admitted. 

"Undocumented" immigrants enter the country without going through an immigration checkpoint, often by walking across the border.  Their presence is also "illegal" but they are treated more severely as they never had any official permission to enter.

 

I think a lot of confusion has been caused by some speakers replacing "illegal" with "undocumented" because "illegal" is such a loaded word.  The reality is that it is possible to be documented but not legal with regard to immigration status.

Edited March 25, 2018 by dawning
Forgot to mention that we don't know which status the Op's wife has. She may be only illegal, or she may also be undocumented.

[Unidentified 2,930]

2 minutes ago, dawning said:

Illegal means that she doesn't have permission to be here at this time.  A lot of folks come on temporary visas such as student and visitor visas and then stay past the time allotted them, which makes their presence "illegal".  But they are not "Undocumented" because they have a document showing that they were once admitted. 

"Undocumented" immigrants enter the country without going through an immigration checkpoint, often by walking across the border.  Their presence is also "illegal" but they are treated more severely as they never had any official permission to enter.

 

I think a lot of confusion has been caused by some speakers replacing "illegal" with "undocumented" because "illegal" is such a loaded word.  The reality is that it is possible to be documented but not legal with regard to immigration status.

I know what it means. I was letting Nikolet figure out the answer to her own question. 

[Nikolet Kamenov 77]

2 minutes ago, Unidentified said:

I know what it means. I was letting Nikolet figure out the answer to her own question. 

Jesus... he never specified if his wife was checked at the border... Stop trying to bug me and help the fricking guy.

As i previously said I AM NOT A LAWYER YOU ARE NOT ONE EITHER sooo the best advice will come from a professional who is capable of answering the questions correctly. I MIGHT BE WRONG, YOU MIGHT BE WRONG so stop picking on me and move on buddy

[NigeriaorBust 4,087]

  Worse case both the OP and the wife are deported.   The wife for her illegal presence in the US and the OP for disrespecting the US law about harboring illegals and for lying under oath to a US official about that fact on his application for citizenship.  He is a grown adult and made his own choices and being from the UK does not make his and her acts any better than a person with origins from another country. 

  Best case is that he gets his citizenship approved and files the waivers to get her situation fixed .   

  

 Real life will probably be somewhere in the middle.  Most likely the N400 gets denied for moral turpitude.  Will have to show at least 5 years of pristine behavior before even thinking of reapplying  and maybe his lawyer can figure out something to help her out.  

Quote

 

 

[jyaku 138]

I'm not so sure now. The USCIS officers have been told to enforce the law and catch the criminals. The OP commited a criminal act. Basically if USCIS have a reason to cancel a green card, they will and will go out of their way to deport someone.

[shell20 746]

14 minutes ago, NigeriaorBust said:

  Worse case both the OP and the wife are deported.   The wife for her illegal presence in the US and the OP for disrespecting the US law about harboring illegals and for lying under oath to a US official about that fact on his application for citizenship.  He is a grown adult and made his own choices and being from the UK does not make his and her acts any better than a person with origins from another country. 

  Best case is that he gets his citizenship approved and files the waivers to get her situation fixed .   

  

 Real life will probably be somewhere in the middle.  Most likely the N400 gets denied for moral turpitude.  Will have to show at least 5 years of pristine behavior before even thinking of reapplying  and maybe his lawyer can figure out something to help her out.  

 

UK? I thought he was from Guatemala, or are you using the UK as an example. Sorry Im tired today and not following this thread very well. It is very sad for both him and his wife and here is hoping his lawyer can do something. 

[OnlyTheBrave 5]

Sadly, not only the OP’s spouse but also the OP himself are subject to deportation. OP for committing two felonies (hiding an illegal immigrant and lying to the federal government). Spouse - for entering and staying illegally. 

[Londonergirl 133]

6 minutes ago, OnlyTheBrave said:

Sadly, not only the OP’s spouse but also the OP himself are subject to deportation. OP for committing two felonies (hiding an illegal immigrant and lying to the federal government). Spouse - for entering and staying illegally. 

Where did he lie to the gov?

[Miss M 54]

16 minutes ago, shell20 said:

UK? I thought he was from Guatemala, or are you using the UK as an example. Sorry Im tired today and not following this thread very well. It is very sad for both him and his wife and here is hoping his lawyer can do something. 

 

She is from the UK, came in via Mexico. He is from Guatemala.

[OnlyTheBrave 5]

28 minutes ago, Londonergirl said:

Where did he lie to the gov?

Since the legality of the status only came up during the interview, the OP probably didn’t mention that his spouse wasn’t here legally on the N-400.