Denied Citizenship, Lawyers won't appeal

[June k 6]

Hallo!my spouse's citizenship was denied because we got married after he was granted an immigrant visa but before entry to the u.s.unfortunately An appeal is out of the question for us.How do we go about this?He was petitioned for by his u.s citizen dad.our children i are still abroad.We were hoping to join him but with this going on I don't know what to think.please help

[Rocio0010 5,579]

10 minutes ago, June k said:

Hallo!my spouse's citizenship was denied because we got married after he was granted an immigrant visa but before entry to the u.s.unfortunately An appeal is out of the question for us.How do we go about this?He was petitioned for by his u.s citizen dad.our children i are still abroad.We were hoping to join him but with this going on I don't know what to think.please help

Can you please be more specific? Was he a green card holder that was denied citizenship, or was he applying for residency? What type of immigrant visa was he granted?

[June k 6]

Just now, Rocio0010 said:

Can you please be more specific? Was he a green card holder that was denied citizenship, or was he applying for residency? What type of immigrant visa was he granted?

Yes he is a green card holder and was granted a visa under an unmarried son of a u.s citizen.

[Crazy Cat 41,882]

So, he entered the US under an improper visa category?  That could be seen as misrepresentation or fraud. 

Edited April 5, 2022 by Crazy Cat

[June k 6]

Just now, Crazy Cat said:

So, he entered the US under an improper visa category?  That could be seen as misrepresentation. 

Apparently yes.We didn't know we couldn't get married after the visa,we could have waited till he entered and came back.It was not willful,but we are paying for it.No one to help us.

[SteveInBostonI130 3,454]

In order for us to help or offer any useful advise, please detail your situation in a timeline format:

 

1.  Your husband's father petitioned for him as F2B?

2.  He waited 6-7 years and his I-130 was ready for processing at NVC.

3.  He submitted documents at NVC and was DQ'd.

4.  NVC assigned him a visa interview date

5.  He attended his visa interview and was verbally approved.

6.  His visa was issued and he received his passport.

7.  He travelled to the US, became a legal permanent resident.

8.  He received his greencard.

9.  He applied for his citizenship, N400.

10. He went to the citizenship interview and was denied. 

 

At which point did you two marry?  Between 6 and 7 or at a different point?

 

[June k 6]

1 minute ago, SteveInBostonI130 said:

In order for us to help or offer any useful advise, please detail your situation in a timeline format:

 

1.  Your husband's father petitioned for him as F2B?

2.  He waited 6-7 years and his I-130 was ready for processing at NVC.

3.  He submitted documents at NVC and was DQ'd.

4.  NVC assigned him a visa interview date

5.  He attended his visa interview and was verbally approved.

6.  His visa was issued and he received his passport.

7.  He travelled to the US, became a legal permanent resident.

8.  He received his greencard.

9.  He applied for his citizenship, N400.

10. He went to the citizenship interview and was denied. 

 

At which point did you two marry?  Between 6 and 7 or at a different point?

 

Yes,between 6 and 7

[SteveInBostonI130 3,454]

What was the official reason for the denial?  What did he fill out on the N400?  Did he state he was married?

[June k 6]

Just now, SteveInBostonI130 said:

What was the official reason for the denial?  What did he fill out on the N400?  Did he state he was married?

Yes,he stated he was married and that was the basis of the denial.He got married prior to admission to the states.They also granted me a b2 visa(to visit him)3years ago, maybe it didn't catch their eye then i don't know

[Crazy Cat 41,882]

9 minutes ago, June k said:

Yes,he stated he was married and that was the basis of the denial.He got married prior to admission to the states.They also granted me a b2 visa(to visit him)3years ago, maybe it didn't catch their eye then i don't know

When a person applies for citizenship, they go back and check everything to see if the applicant properly attained LPR status.  

[June k 6]

11 minutes ago, Crazy Cat said:

When a person applies for citizenship, they go back and check everything to see if the applicant properly attained LPR status. 

okay,so what options do we have now?should the dad petition for him again?(he has cancer and my husband was his bone marrow donor 😭😭😭)should we wait to be referred to an immigration court?anyone with an idea?

[Family 3,988]

50 minutes ago, June k said:

Hallo!my spouse's citizenship was denied because we got married after he was granted an immigrant visa but before entry to the u.s.unfortunately An appeal is out of the question for us.How do we go about this?He was petitioned for by his u.s citizen dad.our children i are still abroad.We were hoping to join him but with this going on I don't know what to think.please help

So there is NO appeal to the denial…it’s not that your attorney won’t help. The good news is that USCIS probably wont try and take back / rescind your green card/ LPR status …cause it’s been over 5 years and they know if they NTA , u get the Fraud Waiver …attached link 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019.pdf

 

So you are at a stand-off , u stay an LPR , forget N-400., just bring ur wife and kids w I-130 as LPR. 
 

[June k 6]

3 minutes ago, Family said:

So there is NO appeal to the denial…it’s not that your attorney won’t help. The good news is that USCIS probably wont try and take back / rescind your green card/ LPR status …cause it’s been over 5 years and they know if they NTA , u get the Fraud Waiver …attached link 

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019.pdf

 

So you are at a stand-off , u stay an LPR , forget N-400., just bring ur wife and kids w I-130 as LPR. 
 

will they still approve our 1-130given the conditions?we filed in January of 2021...still under active review since then

[Family 3,988]

1 minute ago, June k said:

will they still approve our 1-130given the conditions?we filed in January of 2021...still under active review since then

If they do not go after ur husband’s LPR / status , then theoretically they should Approve them. 

[June k 6]

1 minute ago, Family said:

If they do not go after ur husband’s LPR / status , then theoretically they should Approve them. 

Alright.Thank you so much for the feedback. We'll just wait then