N400 denied accused of fraud

[soapmctavish 3]

Hi everyone. I need help and advice on my case.Four years ago ,I applied to be a citizen and was denied. According to them, I lied because during the interview I got mixed up with my previous address that I reside. The letter says I lied during the first interview, the removal of conditions and finally at my naturalization to  gain an immigration benefit. I was married to a USC that is why I got my green card. Divorced and filed for the removal of conditions which was approved without interview. I have a lawyer during that time but during my n400 I applied without a lawyer. I did not expect the officer would ask questions regarding my marriage and focused on the civics question. Im always worried they will deport me as a fallout of my n400 denial. Pls any advice will be much appreciated. 

[SalishSea 17,744]

2 minutes ago, soapmctavish said:

Hi everyone. I need help and advice on my case.Four years ago ,I applied to be a citizen and was denied. According to them, I lied because during the interview I got mixed up with my previous address that I reside. The letter says I lied during the first interview, the removal of conditions and finally at my naturalization to  gain an immigration benefit. I was married to a USC that is why I got my green card. Divorced and filed for the removal of conditions which was approved without interview. I have a lawyer during that time but during my n400 I applied without a lawyer. I did not expect the officer would ask questions regarding my marriage and focused on the civics question. Im always worried they will deport me as a fallout of my n400 denial. Pls any advice will be much appreciated. 

So what is your current status?  Did you receive an NTA?

 

They would not deny a legitimate N400 because someone accidentally gave their old address.  There is going to be more to your story.

[Boiler 45,311]

So you said you lived with your wife when you did not?

[soapmctavish 3]

18 minutes ago, Jorgedig said:

So what is your current status?  Did you receive an NTA?

 

They would not deny a legitimate N400 because someone accidentally gave their old address.  There is going to be more to your story.

No nta 

[soapmctavish 3]

Just now, Boiler said:

So you said you lived with your wife when you did not?

No we were already divorced I did not lie. I got mixed up

with

the address

[SalishSea 17,744]

8 minutes ago, soapmctavish said:

No we were already divorced I did not lie. I got mixed up

with

the address

Again, that would not be a reason for a denial.

[nastra30 2,275]

I agree with jorgedig. I don't think they'll just deny you naturalization because you got mixed up with address. There has to be more to the story.

Did you file for naturalization based on 5 year residency or based on 3 year residency?

Can you blackout all sensitive information and post a copy of the letter here?

[Allaboutwaiting 2,503]

If you applied for citizenship under the 3 year rule it was properly denied as YOU MUST be married to do so -it obviously was not an address mixup but concealing your divorce-.

If that is the case, you could apply again but I'm not sure if the previous denial would make you inelegible for citizenship.

 

If you applied under the 5 year rule they probably considered you did not enter your marriage in good faith -based on the questions about your marriage-,

If this is the case, things would be more difficult as they consider the way you obtained the GC was fraudulent/based on misrepresentation. 

Edited January 24, 2022 by Allaboutwaiting

[Unlockable 7,314]

2 hours ago, soapmctavish said:

Hi everyone. I need help and advice on my case.Four years ago ,I applied to be a citizen and was denied. According to them, I lied because during the interview I got mixed up with my previous address that I reside. The letter says I lied during the first interview, the removal of conditions and finally at my naturalization to  gain an immigration benefit. I was married to a USC that is why I got my green card. Divorced and filed for the removal of conditions which was approved without interview. I have a lawyer during that time but during my n400 I applied without a lawyer. I did not expect the officer would ask questions regarding my marriage and focused on the civics question. Im always worried they will deport me as a fallout of my n400 denial. Pls any advice will be much appreciated. 

This seems like there is some heavy suspicion of marriage fraud if they are going all the way back to your initial immigration interview and removal of conditions. The burden may be on you now to prove the marriage was bonafide from the beginning. You need to overcome this suspicion.

 

Best to contact a good competent lawyer. 

[carmel34 3,611]

5 hours ago, soapmctavish said:

The letter says I lied during the first interview, the removal of conditions

This was four years ago, you should have received a NTA by now if they found it was a serious misrepresentation of facts, to appear before an immigration judge, and determine if your LPR status should be revoked.  Best to consult with an experienced immigration attorney at this point if you want to file another N-400.  Good luck!

[Rocio0010 5,579]

As others have stated, the denial did not come from a mix up of addresses. There has to be more to the story. Did you keep a copy of everything you filed, from AOS to ROC? Hopefully you did, and that would be key to backing up your claim that you did not comit fraud.

[soapmctavish 3]

I applied using the 5 year rule. Officer seems to focus the interview on my previous marriage. She even shouted at me once. He asked me about the address that we lived before and I cannot remember all the details. Even asked me when I started working. I got nervous during the interview I just went blank. Denial letter was crazy it states I came here 2000 which I said and provided in my application form is 2010. It also says my address was my workplace and my workplace is my where I lived but on the application ilI filled it up correctly.

[soapmctavish 3]

33 minutes ago, Rocio0010 said:

As others have stated, the denial did not come from a mix up of addresses. There has to be more to the story. Did you keep a copy of everything you filed, from AOS to ROC? Hopefully you did, and that would be key to backing up your claim that you did not comit fraud.

I have a lawyer when I applied for removal of conditions he might have my file . I also kept most of the evidences that I have before to prove that our marriage was true.

58 minutes ago, carmel34 said:

This was four years ago, you should have received a NTA by now if they found it was a serious misrepresentation of facts, to appear before an immigration judge, and determine if your LPR status should be revoked.  Best to consult with an experienced immigration attorney at this point if you want to file another N-400.  Good luck!

Yes I scheduled for a consultstion.

[soapmctavish 3]

5 hours ago, nastra30 said:

I agree with jorgedig. I don't think they'll just deny you naturalization because you got mixed up with address. There has to be more to the story.

Did you file for naturalization based on 5 year residency or based on 3 year residency?

Can you blackout all sensitive information and post a copy of the letter here?

O applied 5 years

[Rocio0010 5,579]

40 minutes ago, soapmctavish said:

I have a lawyer when I applied for removal of conditions he might have my file

This is general advice that applies to you and to everyone dealing with USCIS, either by yourself or by an attorney: always, always keep a copy of everything you submit to them, and the notices they sent you. 

I still think that the denial did not come because of a mix up of addresses. There has to be something else. Maybe your ex sent them a letter stating you married to get an immigration benefit. 

If I were you, I would retain a top notch attorney and ask them to file a FOIA  (Freedom Of Information Act) for you. That way, you can see what is on your file and see if it is something you can overcome. It's certainly not a DIY anymore.