N400 Denial UPDATE! Please advise on issue!

[CarlHamilton 252]

Is there anything useful left to say about this?  Probably a good time to end the thread before it degenerates further.

[jyaku 138]

Family 1st Preference: Unmarried foreigners who have at least one U.S. citizen parent

• Waiting Period: About 2 years for all countries, except Mexico (about 5 years) and the Philippines (11 years)
• Quota: 23,400 visas per year, plus any unused visas leftover from 4th Preference
• Eligible Persons:  unmarried foreigners who have at least one U.S. citizen parent

Family 2nd Preference: Spouses or unmarried children of green card holders

• Wait Period: 4 years for 2A applicants and 6 years for 2B
• Quota: 114,200 per year, plus unused 1st Preference visas
• Eligibility: 
  • 2A- Spouses of holders of green cards; unmarried children (under 21 years old) of green card holders
  • 2B- Unmarried children (over 21 years old) of green card holders
  • Note: 2A visas can only comprise up to 77% of all visas issued under 2nd preference

Family 3rd Preference: Married children of citizens

• Wait Period:  Minimum of 3 years except Mexico (about 5 years) and the Philippines (11 years)
• Quota: 23,400, plus unused visas from 2nd Preference category
• Eligibility:  Married children of citizens

Family 4th Preference: Siblings

• Wait Period: 10 years for most countries except the Philippines (19 years)
• Quota: 65,000 and any unused 3rd Preference visas
• Eligibility: Siblings of U.S. citizen (the citizen must be at least 21 years old)

 

 

 

Here in is the OP problem.. misrepresentation.  He got a green card from family 2nd preference when he should have gotten one under family 3rd preference.

 

He should have amended the filing. I know people who have amended from category 2A to 1st preference when parents naturalized.

 

Since he didn't amend and didn't tell the truth.. uscis has a good case for fraud.

[arken 4,197]

1 hour ago, Bfree3 said:

We are talking about two different topics obviously. Carry on, as this forum won’t allow me to say what I’d like. 

 

That’s why moderators are here for so one isn’t allowed to say anything improper just coz they want to.

 

1 hour ago, Bfree3 said:

The op filed through his spouse previously (if I’m not mistaken) which is how he now finds himself in this situation. He filed based on his marriage to a usc instead of 5 year period for gc. 

The OP would find himself in the current condition even if he had filed N400 based on 5yr GC rule. The current condition is the product of the OP’s initial GC issuance in error.

 

 

[ApplyingforN400 126]

8 hours ago, nabeel24 said:

 

I think you are very quick to blame...wow. On the letter itself, there are a couple of instances where they wrote there was an error. I quoted one line on the first post. I understand this was not fully their error, it's on both sides. When my dad did the 485 through a lawyer I doubt they mentioned to him about the married part since most people don't get married that early. Nonetheless, it happened, it's an error. Although, the paper says the "USCIS erred", I'd say it's an error on both sides and would like to resolve it. 

You are safe, I guarantee you. USCIS is not out destroying lives, even more do the court system had to prove beyond a reasonable doubt that you did it on purporse which would be impossible since you werent the primary applicant. 

 

You came asking for opinion and now you are pretty much just be judged by angry and jealous applicants who have been stuck in this process for long. 

 

The environment around here is turning toxic because long USCIS delays. 

 

My advice is dont even get a lawyer, stay in contact with USCIS on the steps you should take to fix the error. Save your lawyer money for court system if they take it that far. 

 

Lawyers have zero influence on USCIS, they might give you some sound advice or a form to file but thats it, lawyers in this stage are just a money grab for those that cant file forms or research forms. Lawyers are only useful in court where they can argue with case law and create doubt, making it hard for the judge to give unfavorable outcome. 

 

Good luck

[nabeel24 3]

1 hour ago, ApplyingforN400 said:

You are safe, I guarantee you. USCIS is not out destroying lives, even more do the court system had to prove beyond a reasonable doubt that you did it on purporse which would be impossible since you werent the primary applicant. 

 

You came asking for opinion and now you are pretty much just be judged by angry and jealous applicants who have been stuck in this process for long. 

 

The environment around here is turning toxic because long USCIS delays. 

 

My advice is dont even get a lawyer, stay in contact with USCIS on the steps you should take to fix the error. Save your lawyer money for court system if they take it that far. 

 

Lawyers have zero influence on USCIS, they might give you some sound advice or a form to file but thats it, lawyers in this stage are just a money grab for those that cant file forms or research forms. Lawyers are only useful in court where they can argue with case law and create doubt, making it hard for the judge to give unfavorable outcome. 

 

Good luck

 

Hey there, first and foremost, thank you so much for the two posts you wrote. I've honestly been a bit taken back at the responses and some even claiming I did fraud has been stunning. My dad filed the I-485 a few years before it was approved and I doubt the lawyers made it a key point to mention the marriage part because they either thought I would get the green card earlier or that I wouldn't get married at that early of an age. 

 

I understand this has been an error on my part as well as USCIS. I'm very glad that they wrote that "USCIS erred" in giving me the Green Card and even put case example which stated lawful permanent resident status "was obtained by a negligent mistake made by the government." 

 

My point in asking for help here has been to get advice on what to do in the future and how to resolve this. Resolving it is fine, but I simply don't want to go out of status OR give up my green card and apply for a green card under my spouse because my jobs depends on the "Permanent resident status". Someone pointed out the statute of limitation which does help but unfortunately I'll have to resolve it one way or another. 

 

I'm planning on asking the USCIS officer at the info pass what steps to rectify this and I have contacted a few lawyers to get consultation prices and what not. 

 

Would you recommend I at least speak to a lawyer regarding my situation and see what they have to say? I hate spending the money but I might get the route I'll have to go to fix this. 

 

Thank you again!

[geowrian 22,337]

1 hour ago, jyaku said:

 

The OP became an LPR as a derivative via employment-based immigration (E30 classification, https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-32054.html). The quoted categories are for family-based immigration. The idea is the same, though...there is no category for a married son/daughter derivative.

 

4 minutes ago, ApplyingforN400 said:

Dude a user just posted a statue of limitation, which is a LAW.

Of which its applicability is more complex than "it's been 5 years". If it was not an issue, the N-400 would not have been denied due to the circumstance. So clearly at least USCIS believes there is still an outstanding issue with his permanent residence.

 

Either the N-400 was incorrectly denied or it was properly denied because his permanent residence is actually invalid. There's no in-between state of being an LPR but not qualifying for naturalization due to your improperly granted LPR status in the past. IOs certainly make mistakes, but usually the IOs on naturalization cases know the facts pretty well.

[ApplyingforN400 126]

5 minutes ago, nabeel24 said:

 

Hey there, first and foremost, thank you so much for the two posts you wrote. I've honestly been a bit taken back at the responses and some even claiming I did fraud has been stunning. My dad filed the I-485 a few years before it was approved and I doubt the lawyers made it a key point to mention the marriage part because they either thought I would get the green card earlier or that I wouldn't get married at that early of an age. 

 

I understand this has been an error on my part as well as USCIS. I'm very glad that they wrote that "USCIS erred" in giving me the Green Card and even put case example which stated lawful permanent resident status "was obtained by a negligent mistake made by the government." 

 

My point in asking for help here has been to get advice on what to do in the future and how to resolve this. Resolving it is fine, but I simply don't want to go out of status OR give up my green card and apply for a green card under my spouse because my jobs depends on the "Permanent resident status". Someone pointed out the statute of limitation which does help but unfortunately I'll have to resolve it one way or another. 

 

I'm planning on asking the USCIS officer at the info pass what steps to rectify this and I have contacted a few lawyers to get consultation prices and what not. 

 

Would you recommend I at least speak to a lawyer regarding my situation and see what they have to say? I hate spending the money but I might get the route I'll have to go to fix this. 

 

Thank you again!

Yes of course get advice from lawyers, obviously since all of your future relies on you PR status, you have to spend money on it. 

 

However, this time make sure you fully understand and research the route the lawyer is trying to take you on, dont leave everything up to them. 

 

Immigration law is complex and sometimes many roads lead to the same result, make sure you find one that will not try to take you through the long hellish way to get as much money out of you while claiming its the only way. 

 

 

[ApplyingforN400 126]

5 minutes ago, geowrian said:

The OP became an LPR as a derivative via employment-based immigration (E30 classification, https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-32054.html). The quoted categories are for family-based immigration. The idea is the same, though...there is no category for a married son/daughter derivative.

 

Of which its applicability is more complex than "it's been 5 years". If it was not an issue, the N-400 would not have been denied due to the circumstance. So clearly at least USCIS believes there is still an outstanding issue with his permanent residence.

 

Either the N-400 was incorrectly denied or it was properly denied because his permanent residence is actually invalid. There's no in-between state of being an LPR but not qualifying for naturalization due to your improperly granted LPR status in the past. IOs certainly make mistakes, but usually the IOs on naturalization cases know the facts pretty well.

Sometimes some laws need to be invoked in court or by making USCIS aware of them,  just because there is a law stating a statue of limitation doesnt mean the IO knows it and based their decision on it. If he caught the error, he wont go looking for ways to save your neutralization app, you have to do your own research or get a competent lawyer so you can straighten it out in court where all laws are expected to be laid out on the table

[Ban Hammer 13,336]

as the op has received enough advice on this subject, this thread is closed due to tos violations.

several posts in this thread are being reviewed by the moderation team for possible admin action.

 

charles

vj moderation