What do I do now? (LPR denied citizenship)

[sotnem 3]

Hello VJ family,

 

I am writing this post on behalf of the person whom I am about to tell you their story. I am fully confident in your input that it might cause a beneficial change to this person. If any information is required at a later on date, I will post it to keep up to date with this thread. I have included all the tags so that someone else might benefit from this thread at a later on date/case. Best of luck to everyone.

My story shall contain alias names to protect the privacy of all parties. (Sarah & David)

 

Sarah came into the USA accompanied with her 2 children (one of which is a US citizen but at the time not of age to sponsor his mother).

 

Sarah came into the USA in 06/2010 with her two children as a tourist.

She later got married to David on 03/2011.

David applied for her and she got her 2 years LPR on 08/2011, which expired on 08/2013.

Sarah and David got divorced on 11/2013 resulting in a marriage period of 2yr 8months.

Sarah, before letting her LPR expire on 08/2013 proceeded to attempt to renew her LPR online for an additional 10 years and received it. 01/2014-01/2024

Sarah did not stay in her marriage for the minimum of 3 years due to undisclosed reasons, her marital relationship only lasted 2 years and 8 months as stated above.

Sarah then applied for her citizenship on 12/2017 after being a resident for over 5 years thinking that she was going to get her citizenship.

Sarah passed her naturalization test, but got denied her citizenship as mentioned that she cannot prove that she was married until 01/2014.

 

Is Sarah banned from ever getting her citizenship? How can she re-apply? What is the next steps that she needs to undergo to change her status from LPR to citizen?  

 

Edited July 21, 2022 by sotnem
added keyword

[PaulaCJohnny 713]

15 minutes ago, sotnem said:

Sarah, before letting her LPR expire on 08/2013 proceeded to attempt to renew her LPR online for an additional 10 years and received it. 01/2014-01/2024

I don’t get this part. 
After her green card expired she applied for REMOVE OF CONDITIONS (I-751) with a Waiver correct? 

Will be easier if she joins us too.

 

Edited July 21, 2022 by PaulaCJohnny

[sotnem 3]

Yes, she applied for the remove of conditions but it got denied.

Does she just proceed to apply for a citizenship after 01/2019 which technically proves that she's been an LPR for 5 years after renewing her LPR back in 2013.

[Verrou 1,962]

10 minutes ago, sotnem said:

Yes, she applied for the remove of conditions but it got denied.

Does she just proceed to apply for a citizenship after 01/2019 which technically proves that she's been an LPR for 5 years after renewing her LPR back in 2013.

If her removal of condition got denied, she’s out of status but you said she got her 10 year GC ? 

[sotnem 3]

Yes she got her 10 years GC with which she later sponsored her son who also got approved.

[PaulaCJohnny 713]

4 minutes ago, sotnem said:

Yes she got her 10 years GC with which she later sponsored her son who also got approved.

 

18 minutes ago, sotnem said:

Yes, she applied for the remove of conditions but it got denied.

Does she just proceed to apply for a citizenship after 01/2019 which technically proves that she's been an LPR for 5 years after renewing her LPR back in 2013.

Something is missing here.

 

The remove of conditions need to be approved for her to have a 10 years green card. Did she filled a I-90 to get a new green card?

 

If she is in possession of a green card that she doesn’t have the right to it and is just a mistake she will definitely not be able to apply for citizenship. 
 

What is the category on her Green Card?

[sotnem 3]

She had her 10 years gc before she applied for n400 or i751 for them to both be denied

[PaulaCJohnny 713]

6 minutes ago, sotnem said:

She had her 10 years gc before she applied for n400 or i751 for them to both be denied

But this is not possible. She was not married for more than 3 years before enter the US so she could not get the 10 years green card.

 

If she gets the 2 years green cards with CONDITIONS she needs to lift those conditions with the I-751. If this one was denied she is out of status.

 

I will ask again. What is the Category that is showing on her 10 years Green Card and How exactly she get it? They just don’t pop up in your mail box unsolicited. 
 

Sounds like she is your mom. So just ask her to check on her green card, at the front and she will see CATEGORY.

Edited July 21, 2022 by PaulaCJohnny

[sotnem 3]

Ahh now i understand what you mean.

Yes she applied for a conditions removal to proceed from a 2 yrs gc to a 10yrs gc while she was still married. Her 2yrs gc was set to expire on 08/13 so she had to renew it before that date and didn't get divorced until 11/13 which she technically had been approved for a conditions removal.

[PaulaCJohnny 713]

9 minutes ago, sotnem said:

Ahh now i understand what you mean.

Yes she applied for a conditions removal to proceed from a 2 yrs gc to a 10yrs gc while she was still married. Her 2yrs gc was set to expire on 08/13 so she had to renew it before that date and didn't get divorced until 11/13 which she technically had been approved for a conditions removal.

If her Green card expired in August of 2013 the earliest that she could applied was  May of 2013. 
 

If she gets divorced before the interview for the Remove of Conditions she would needed to apply for a Divorce waiver.

 

If she gets she 10 years green card being already divorced was a mistake. If she accepted and never send it back this can maybe be misrepresentation. 
 

If the I-751 was denied she is out of status. You getting your visa and all this is a error because she couldn’t never received a 10 years green card before the removing of conditions.

 

I will be careful because this can bite her and any other person she sponsored using this mistakenly given Green card.

 

but please answer me the category. This can be the key 

Edited July 21, 2022 by PaulaCJohnny

[sotnem 3]

Her category is IR6

[PaulaCJohnny 713]

8 minutes ago, sotnem said:

Her category is IR6

IR6	Spouses, adjustments

 
She was not married anymore when she gets this green card. 
 

I would wait and see if some more experienced members can give you more information.

 

@Crazy Cat @Jorgedig @Rocio0010 Can you help here?

Edited July 21, 2022 by PaulaCJohnny

[sotnem 3]

Thank you ☺️ 

[PaulaCJohnny 713]

17 minutes ago, PaulaCJohnny said:

IR6	Spouses, adjustments

 
She was not married anymore when she gets this green card. 
 

I would wait and see if some more experienced members can give you more information.

 

@Crazy Cat @Jorgedig @Rocio0010 Can you help here?

@SusieQQQ @Adventine know a loooot and maybe they can help too

[sotnem 3]

Looking forward to hearing from them