N-400 denied after USCIS discovered withdrawal of I-129F years later

[CarlHamilton 252]

43 minutes ago, Dee elle said:

My sense is that this needs to go high enough in the system to get to the level where someone has the authority to fix their mess 

 

 I would think that no one below an Immigration judge has the authority to overrule the decisions.

Are you a lawyer?

[Dee elle 1,368]

4 minutes ago, shomer said:

Are you a lawyer?

 

4 minutes ago, shomer said:

Are you a lawyer?

No thankfully !! Just my reflections on how authority usually works within systems and how it might be working here. 

[Kiolas 103]

1 hour ago, Dee elle said:

My sense is that this needs to go high enough in the system to get to the level where someone has the authority to fix their mess 

The officer who reviewed your N400 does not have the authority to ignore or remove the I129f withdrawal letter from your file. Once it was discovered he/she had to trigger a procedural action, no matter how wrong it may have seemed to him. The actions that have resulted as a consequence are consistent with their process.. I would think that no one below an Immigration judge has the authority to overrule the decisions. It will need to run its course.. and I hope that the outcome will be as it should be.. make sure your husband is in court with you !!! 

Dee elle, 

thank you for your kind words. I was reading the relevant cases and possible waivers. However, at this moment the only way out is favorable discretionary decision of Immigration Judge.

All the waivers I saw required a number of years in the U.S. and because of that I am not qualified for those waivers.

This has been so stressful! And the lawyers I met told me that Immigration Court is like a hell, they were not helpful, they try to put me in even more stress. 

[Dee elle 1,368]

24 minutes ago, Kiolas said:

Dee elle, 

thank you for your kind words. I was reading the relevant cases and possible waivers. However, at this moment the only way out is favorable discretionary decision of Immigration Judge.

All the waivers I saw required a number of years in the U.S. and because of that I am not qualified for those waivers.

This has been so stressful! And the lawyers I met told me that Immigration Court is like a hell, they were not helpful, they try to put me in even more stress. 

I can’t imagine what your life feels like .. and I wish it was different !! But yes, the discretion of the judge is where it needs to get to. Don’t let the fearmongering of some lawyers make it worse for you. Find one you feel comfortable with and go with them. 

[Kiolas 103]

Things doesn't look so bad, at least now. Here is what I found out from an attorney:

I entered the U.S. "with inspection" - meaning that I was inspected by Customs and Border Protection (CBP) agent and had a valid K-1 visa.

 

So now I kind of understand why some people (and some attorneys) suggested to adjust status.

 

However, I cannot do it because my status has been already adjusted. Until the Immigration Judge cancels the previous AOS I cannot file a new one - that's my understanding of the issue.

 

 

[civilservant 42]

I agree with the others that this, while being a messy situation, is not a disaster. I would consider consulting as many different immigration attorneys as I could in order to get a feel for one that seems to be going in the right direction.

[Kiolas 103]

I have submitted N-336, Request for Hearing on a Decision in Naturalization Proceedings.

 

Let's see what happens (praying 🙏).

[AdnanS 82]

2 hours ago, Kiolas said:

I have submitted N-336, Request for Hearing on a Decision in Naturalization Proceedings.

 

Let's see what happens (praying 🙏).

 

I wish you luck and praying as well. Please keep us updated and I'll try and ask others around for any advice I can pass along. I do not wish to see anyone seperated or apart.  

[Kiolas 103]

@AdnanS Thank you so much for your kind words.

 

I did not mention this in my original post, but I'm in same-sex marriage. Just to clarify, my husband is actually my wife. I feel that part of the issue we have with USCIS is a discrimination. We have been discriminated everywhere since I came to the U.S and USCIS is not an exception. When we came to the interview, the officer who called me barely even looked at us and did not show any respect to both of us (I would not go into details, but it was very unprofessional, she was very smiley and respectful with prior clients, but not with us). 

 

Ever since the interview we strongly felt that the officer was looking closely for any type of excuse just to deny my application.

We have been very stressed out by the whole situation, spent money on useless legal consultation with attorney, did extensive amount of legal research in the libraries, and we found that the law is on our site.

 

Now the battle have begun. We will not give up and will fight for our rights as LGBT couple!👭

 

Thank you for the support to all of you!💜

[Villanelle 4,122]

On 7/23/2018 at 2:59 PM, Kiolas said:

Things doesn't look so bad, at least now. Here is what I found out from an attorney:

I entered the U.S. "with inspection" - meaning that I was inspected by Customs and Border Protection (CBP) agent and had a valid K-1 visa.

 

So now I kind of understand why some people (and some attorneys) suggested to adjust status.

 

However, I cannot do it because my status has been already adjusted. Until the Immigration Judge cancels the previous AOS I cannot file a new one - that's my understanding of the issue.

 

 

What you posted is correct. However it is not the entire picture. Anything can really happen at this point. But I dont see the point in discussing what if scenarios.

 

You applied for naturalization and you were denied. You got a denial notice right? And that was all you got? So you are currently still an LPR. You are currently in an uncomfortable situation because all you can do is wait. Its not automatic once you are denied for that reason that a case is brought against you for removal. It can take the Officer months to submit it, months for it to be processed, months for you to be notified. Or it can all happen very quickly. And youre just left in limbo waiting. (sorry). Once "it" happens (you get a notice) you need to get an attny to help you. There are rules about filing for status while you are in court. 

 

why did you submit a hearing/appeal? How do you think that will help you? It seems they were correct in denying you and they may also be correct in revoking your current GC. You can either try to fight it (will need a really good attny who has appeals experience and can pull statutes and relevant cases) or you can let it be and reapply for a GC.

 

It seems reapplying is a better option because it will cost less and you have high (almost guaranteed odds) of being approved where the appeal and fight about revocation may not end in your favor. But like I said look into the specifics with an attny about submitting AOS when in removal.

 

So you are just in limbo waiting for them to take action so you can reapply.

 

---

 

Also I dont know if there was any discrimination impacting this. I know when bad things happen its hard. You look for reasons and sometimes there is no good reason why things happen.

 

You have this issue because your wife sent in a letter asking to cancel the process. Dont read more into it. If you were a m/f couple would this have still happened? I dunno. Maybe. Probably. I dont see why it wouldnt. 

 

Please keep us updated.

 

Best of luck to you. 

[Kiolas 103]

1 hour ago, Damara said:

You applied for naturalization and you were denied. You got a denial notice right? And that was all you got? So you are currently still an LPR.

Yes, I got a denial letter with a right to file N-336, which I did. Yes, I'm an LPR right now and will remain LPR until an Immigration Judge decides otherwise. Only an Immigration Judge can take away my LPR status, USCIS cannot.

 

1 hour ago, Damara said:

You are currently in an uncomfortable situation because all you can do is wait. Its not automatic once you are denied for that reason that a case is brought against you for removal. It can take the Officer months to submit it, months for it to be processed, months for you to be notified. Or it can all happen very quickly. And youre just left in limbo waiting. (sorry). 

@Damara, you are absolutely right. 

 

1 hour ago, Damara said:

Once "it" happens (you get a notice) you need to get an attny to help you. There are rules about filing for status while you are in court. 

Thank you for the suggestion, but I'll not get an attorney. I have already had a very bad experience and wasted my money to get useless advice. I will not waste anymore money and time on attorneys. I simply do not trust them anymore. I want to add here, that we have been already discriminated by attorneys who looked down on us and made us feel even worse about the whole situation. 

 

I would rather die than speak to an attorney ever again!

 

1 hour ago, Damara said:

why did you submit a hearing/appeal? How do you think that will help you? It seems they were correct in denying you and they may also be correct in revoking your current GC. 

@Damara, I submitted N-336 because I disagree with the denial. They provided me this option to appeal and I used it. I put together an argument, which is based on their Manual's regulations as well as similar cases, showing that their decision was incorrect and that I met all substantial legal requirements.

 

Moreover, everything aside, it is not morally correct from the universal conception of just, to ruin a life of a family just because they found something years later in their system, which they never put into consideration before, never acted on it before, and ignored for years.

 

Our marriage happened. Our lives go on despite their bureaucracy and their errors. We did our part and our due diligence. They did not care to do their work. 

 

The employees of USCIS who ignored the withdrawal should be fired for negligence. Unfortunately, it will never happen. They will continue to work until they die or retire and who knows how many errors and mistakes they will make and how many lives will be effected because of their negligence. It's very sad, but we are not the only family who experience such a ridiculous  and at the same time horrible situation, when we could be focusing on a real issues.

 

We currently are going through very difficult times, in terms of medical issues. But we have to waste our valuable time and resources on this BS. It's very, very sad situation.

 

1 hour ago, Damara said:

Please keep us updated.

 

Best of luck to you. 

 

@Damara Thank you so much for encouragement and kind words. I'll keep updating once I hear anything back. 

 

Thank you to all who responded and show support. We really appreciate your help. 💜

[AdnanS 82]

2 hours ago, Kiolas said:

@AdnanS Thank you so much for your kind words.

 

I did not mention this in my original post, but I'm in same-sex marriage. Just to clarify, my husband is actually my wife. I feel that part of the issue we have with USCIS is a discrimination. We have been discriminated everywhere since I came to the U.S and USCIS is not an exception. When we came to the interview, the officer who called me barely even looked at us and did not show any respect to both of us (I would not go into details, but it was very unprofessional, she was very smiley and respectful with prior clients, but not with us). 

 

Ever since the interview we strongly felt that the officer was looking closely for any type of excuse just to deny my application.

We have been very stressed out by the whole situation, spent money on useless legal consultation with attorney, did extensive amount of legal research in the libraries, and we found that the law is on our site.

 

Now the battle have begun. We will not give up and will fight for our rights as LGBT couple!👭

 

Thank you for the support to all of you!💜

 

Indeed. Discrimination goes on and the most problematic one's are those who are inwardly discriminate, cause you never know when and how they will hurt you. My father said sometimes its better to be bitten by a snake cause you know its nature. And I support on LGBT people had few class mates in College and I never had any issues, rather they were more tolerant of others than straight people to be honest.

[Villanelle 4,122]

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12533.html

 

http://www.seyfarth.com/dir_docs/publications/WhentheGreenCardIsIssuedinError.pdf

 

They may choose to do nothing which would stink because then you can never be a citizen.

 

Have you read the above links? Im sure theres more I can find but it seems you are pretty on top of things. 

 

I understand your issues with attnys. Immigration is very specific. Lawyers know how to say what they need to say. But if you dont want to use one right now (or maybe ever) thats fine. I do want to suggest reaching out to sandra (user on here sandranj) she is a probono VAWA (abuse) attny.  This isnt her area of expertise per say but she is a very knowledgeable attny and knows policy and procedures. Perhaps send her a message explaining what happened and a link to your thread and ask her if she has any insight for you. 

[Kiolas 103]

6 minutes ago, Damara said:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-12524/0-0-0-12533.html

 

http://www.seyfarth.com/dir_docs/publications/WhentheGreenCardIsIssuedinError.pdf

 

They may choose to do nothing which would stink because then you can never be a citizen.

 

Have you read the above links? Im sure theres more I can find but it seems you are pretty on top of things. 

@Damara Thank you for the links. You are absolutely right, they may just do nothing and I will be just waiting. That was a reason I decided to appeal. Someone else (not the officer who denied) will take a second look at my case. Maybe, that person will see differently the situation. Also, the hearing will give me an additional chance to meet with an officer and explain everything in person.

 

I really hope the appeal/hearing is my chance to be heard and get an answer.

[Diane and Chris 651]

On 8/7/2018 at 7:46 PM, Kiolas said:

@Damara Thank you for the links. You are absolutely right, they may just do nothing and I will be just waiting. That was a reason I decided to appeal. Someone else (not the officer who denied) will take a second look at my case. Maybe, that person will see differently the situation. Also, the hearing will give me an additional chance to meet with an officer and explain everything in person.

 

I really hope the appeal/hearing is my chance to be heard and get an answer.

Any updates?  We’re still thinking of you and hoping for the best!