n-400 n-400 denial based on USCIS error 20 years ago

[Alchemist2018 0]

Greetings,

 

I recently applied to Citizenship N-400 and my case was denied due to an improper error from USCIS 20 years ago.  According to USCIS: 

Quote

During your interview and review of your record, USCIS determined that you were not lawfully admitted for permanent resident.  Your record reflects that you obtained the asylum status in AS8 category as a derivative child of an alien classified as AS6 on February 12, 1999; however, you turned 21 on September 9, 1998, and did not qualify to derive status as a child since the Child Status Protection Act did not take effect until August 6, 2002.  Hence, your adjustment of status based on being a derivative child of an asylee was improper.

Timeline:

• Enter the country with tourist visa 09/18/1992
• Request for Asylum 10/22/1992
• Asylum Interview 09/01/1998
• My date of birth 09/09/1977 - I turned 21 on 09/09/1998
• Recommended Approval 09/22/1998
• Granted Asylum 02/22/1999
• LPR since 04/24/2012
• Applied for N-400 06/09/2017
• Interviewed for N-400 11/21/2017
• Denial N-400 05/21/2018

 

When I had my interview for asylum with my parents, my two older siblings at the time were asked to do their interview separate because at the time of interview they were 21 and 22.  My younger sister (16 at that time) and myself (20 at that time).  All my siblings are now citizens but because I was 20 at the time of the interview and my asylum was approved when I was 21 USCIS told me on the denial letter that I don't qualify anymore.  My green card was given to me by mistake. 

 

I came here when I was 15, I have a family here, a career and I'm shock that this is happening to me.  I need advise on how to tackle this and recommendation for lawyers that believe in this case and that they are willing to fight this un-justice.  

 

Thank you.

 

[Ben&Zian 4,398]

Definately need a very good lawyer who knows the immigration and asylum case system well. I'm sure someone here can point you in the right direction of a couple. Can it be fought/changed? Couldn't answer but definately legal counsel is your only option at this point.

[flyingkites 22]

You were given a green card based on an administrator oversight since you were an adult by the time it was actually granted. 

 

I believe you would need to seek asylum as an adult like your older siblings did and obtain a green card again.  Then apply for citizenship once you satisfy the requirements for a greencard.

 

Perhaps a lawyer can argue a case that you should be granted the green card without reapplying based on their error.

 

The real question is what is your status now?  You don't appear to have a valid green card (anymore).  You need to get that clarified.  

 

 

[Alchemist2018 0]

@flyingkites I do have a valid green card.  I have not received a notification or anything in regards to cancel my green card.  In regards to argue the case, that is correct - Its been over 20 years since my asylum was approved.  This is very unfair.  I have a family, I have a career and now I'm afraid to even travel outside of the country because of an error.  

[Alchemist2018 0]

@Pump under family asylum.  I obtained the asylum status in AS8 category as a derivative child of an alien classified as AS6.

[Mollie09 1,543]

1 hour ago, Alchemist2018 said:

@flyingkites I do have a valid green card.  I have not received a notification or anything in regards to cancel my green card.  In regards to argue the case, that is correct - Its been over 20 years since my asylum was approved.  This is very unfair.  I have a family, I have a career and now I'm afraid to even travel outside of the country because of an error.  

 

You were notified that USCIS is aware your adjustment of status was improper. That's about your green card not being legitimately given.

[Crazy Cat 42,035]

1 hour ago, Alchemist2018 said:

@flyingkites I do have a valid green card.  I have not received a notification or anything in regards to cancel my green card.  In regards to argue the case, that is correct - Its been over 20 years since my asylum was approved.  This is very unfair.  I have a family, I have a career and now I'm afraid to even travel outside of the country because of an error.  

My opinion:

Actually, if Adjustment of Status was improper, you might not have a valid green card.  Personally, I would not leave the US, and I would RUN....not walk......to the best attorney I could afford.

 

 

[Alchemist2018 0]

@Pump we came to this country in 1992 because of the shining path. 

[Daisy.Chain 317]

You said you have a family here. Are you married to a US citizen?

[Crazy Cat 42,035]

I wonder if this situation would initiate deportation proceedings?

[CarlHamilton 252]

We had a similar case here recently ("child" dependent was actually 21+ and was found to have been issued his green card in error during the n400 interview).  If you use the search function you may be able to find him and ask about next steps.

[geowrian 22,338]

1. Find a very good immigration attorney, fast. They may choose to initiate hearings with an IJ to remove your status. Be prepared in case they do.
2. There is a 5 year statute of limitations for USCIS issuing a green card in error in certain conditions. Be sure to raise this with the attorney to see if you meet the requirements.

[Alchemist2018 0]

@geowrian Thank you.  I'm already doing research on the 5 year limitation based on an error.  Yes, I'm doing a lot of hiring, meetings, research on this.  Its a very bad situation for my family.    Thank you for your opinion/advise.

[Alchemist2018 0]

@shomer thank you for pointing this out.  I'm searching for it extensively.  Hopefully, I'll find some guidance to this.  Thanks. 

[Alchemist2018 0]

@Daisy.Chain my wife is under a family petition pending with my green card.