Can I file second N400 now? Please help me understand.

[ThaOne 101]

33 minutes ago, mindthegap said:

Yep, understood. 

Are you sure it says CR6, not TR-6?

See here:

 

I am not in yours or the op's situation. My case was pretty regular and straight forward, and getting to oath in a couple of days, but even in my "simple" situation, dealing with immigration is stressful, so I can't imagine what you guys went/are going through. I hope things work out for you. And thank you for taking the time to help people such as the OP with such detailed tips, explanations and sharing of your personal case. I truly hope things get sorted out.  

[mindthegap 2,590]

1 hour ago, ThaOne said:

I am not in yours or the op's situation. My case was pretty regular and straight forward, and getting to oath in a couple of days, but even in my "simple" situation, dealing with immigration is stressful, so I can't imagine what you guys went/are going through. I hope things work out for you. And thank you for taking the time to help people such as the OP with such detailed tips, explanations and sharing of your personal case. I truly hope things get sorted out.  

Thank you for the kind words - means a lot.

It is and has been incredibly stressful.

 

It helps to know I am not alone in going through this nightmare. That is all I can do - try to help others and minimise the stress they are going through that I know only too well. 

I had to do an immense amount of digging to find this sort of info when I needed it as it simply wasn't there, so if I can help, I do.

You only have to do a cursory search to see half the c**p that google returns as fact.

USCIS makes this and so many other processes so opaque and convoluted, and the real facts and actual laws are there, but buried. 

 

 

 

 

 

 

 

Edited February 8, 2021 by mindthegap

[ThaOne 101]

On 2/8/2021 at 1:28 PM, mindthegap said:

Thank you for the kind words - means a lot.

It is and has been incredibly stressful.

 

It helps to know I am not alone in going through this nightmare. That is all I can do - try to help others and minimise the stress they are going through that I know only too well. 

I had to do an immense amount of digging to find this sort of info when I needed it as it simply wasn't there, so if I can help, I do.

You only have to do a cursory search to see half the c**p that google returns as fact.

USCIS makes this and so many other processes so opaque and convoluted, and the real facts and actual laws are there, but buried. 

 

 

 

 

 

 

 

Hang in there my friend. Hopefully new laws and changes will come soon.

[Guido51 9]

thank you again @mindthegap and others.

 

i will submit the n400 with 5year rule. i understand that this will have nothing to do with my previous marriage

 

i'm confused about what supporting evidence i need to upload.

 

right now, i all i uploaded is

1 - divorce certificate

2 - copy of green card

 

do i still need to upload all the evidence for previous marriage(such as tax returns etc)?

 

[Ryan H 3,818]

***Duplicate thread removed; do not start multiple threads on the same subject.***

[Guido51 9]

hi @mindthegap and others,

 

do you have any input on what to submit on 5year rule?

all i have is:

- green card

- divorce certificate 

- traffic ticket receipts

- driver licence

 

i am not sure if tax transcripts and previous marriage certificate etc are also required.

[E and C 0]

On 1/17/2021 at 4:29 PM, Guido51 said:

Hi everyone, i want to say thank you in advance if you can answer my questions because I will have to file a new N400 on my own. I want to make sure i am eligible for second N400 before I make the payment because fee is non-refundable.

 

My previous I751 and N400 was denied because of my divorce. Denial letter said that USCIS terminated my status when they denied the I751 and N400 because I couldn't submit divorce decree due to delays in family courts. 

 

My divorce became final 2 months ago and I filed a new I751. There was 3 months between the denial letter and filing second I751. (I had to wait for divorce to be final)

My 5th year anniversary of my first conditional green card will be tomorrow(Jan 18th 2021)

 

1 - Can i file a new N400 based on 5 year rule now?

2 - Because of denial letter that said USCIS terminated my status, am i disqualified? or do i have to wait more to make up that time? I don't know if I was out of status during that time. I get confusing answers.

 

Thank you.

Guido.

If their letter says your LPR status is terminated, then you're no longer a permanent resident of USA and probably your new I-751 will de dismissed, based on the fact you don't have a valid GC anymore, and then N400 as well, since only GC holders qualify for citizenship.

I'd look for an immigration attorney and see if are there options for helping you out with it.

[HRQX 4,145]

19 minutes ago, E and C said:

If their letter says your LPR status is terminated, then you're no longer a permanent resident of USA

The USCIS letter is not legally accurate. Only an Immigration Judge can terminate the status; USCIS memos, clarifications, genco opinion*, the law, case law, etc. confirm this.

 

*Here is an excerpt from genco opinion 96-12: "Concomitantly, an alien whose Petition to Remove Conditions on Residence has been denied by the director may seek review of the decision in deportation proceedings. INA § 216(c)(3)(D), 8 U.S.C. § 1186a(c)(3)(D), 8 C.F.R. § 216.4(d)(2). In fact, the statute specifically conditions termination of permanent resident status upon review in deportation proceedings. 1 Therefore, the terminated conditional lawful permanent resident should be issued a temporary Form I-551, during the pendency of the deportation proceedings. Cf. Etuk v. Slattery, 936 F.2d 1433, 1447 (2d Cir. 1991)(''To revoke an LPR's green card pending completion of the deportation process would severely undermine the integrity of the process itself and impose significant hardship on the alien involved''). To that end, the INS' policy of placing an I-551 stamp on an alien's I-94 arrival card or passport is considered appropriate temporary evidence of legal permanent resident status during the duration of the deportation proceedings. Memorandum from James J. Hogan, INS Executive Associate Commissioner (Nov. 11, 1992), reported and reproduced in 69 Interpreter Releases 1560 (Dec. 14, 1992). Further, the temporary I-551 may be used to travel, to establish employment eligibility, or to establish lawful permanent resident status for purposes of obtaining school financial aid and other benefits."

[E and C 0]

23 minutes ago, E and C said:

If their letter says your LPR status is terminated, then you're no longer a permanent resident of USA and probably your new I-751 will de dismissed, based on the fact you don't have a valid GC anymore, and then N400 as well, since only GC holders qualify for citizenship.

I'd look for an immigration attorney and see if are there options for helping you out with it.

Actually, never mind... I confused the scenarios... 

I hope you soon have a happy and relieving answer from them...

Good luck and we'll be here with crossed fingers.