What do I do now? (LPR denied citizenship)

[Daphne . 1,826]

32 minutes ago, etrangais said:

what was the basis of the N400?

If she applied before 5 years of being LPR, on the basis of being married to a USC for 3 years, then the denial was normal.

She needs to apply only after being LPR for 5 years (she can apply after being LPR for 4 years and 9 months).

There are some issues with the ROC that need to be straightened out first. OP mentioned that ROC was denied but 'Sarah' ended up with a 10 year GC anyway. That issue needs to be resolved first.

[Dashinka 24,153]

39 minutes ago, etrangais said:

what was the basis of the N400?

If she applied before 5 years of being LPR, on the basis of being married to a USC for 3 years, then the denial was normal.

She needs to apply only after being LPR for 5 years (she can apply after being LPR for 4 years and 9 months).

Based on reading the entire thread, it appears the OP's mother? filed under the 5 year rule, but there was an issue at the ROC stage.  This is the key part of the OP's initial post.

 

"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."

 

Now the OP said renew, but that was later clarified (I think, but the use of the term online implies they may have filed the I90 instead) to be filing the ROC jointly as a married couple probably sometime in May of 2013, but the divorce occurred in November of 2013 prior to the ROC being finalized in January 2014 and it does not appear that divorce waiver was requested.  I agree with @Timona that the OP's mother? needs to file an new ROC with a divorce waiver.  It might be worth it to consult with a competent immigration attorney as well

Edited July 21, 2022 by Dashinka

[Rocio0010 5,579]

1) Sarah should create an account here and ask the questions herself.

2) It seems that she removed conditions, but never disclosed the divorce, which can be serious. That’s why she was denied citizenship. She’s out of status. She has a 10 year green card for the wrong reasons.

Here’s what I would do (I’m not an immigration attorney by any means, so take it or leave it).

 

1) Call the 800 number to see if she’s in removal proceedings, or file for FOIA to see what’s on her file.

2) File for a 751 solo. 
3) Depending on how that goes, and if I have derivatives whose cases depend on my case, probably not risk it, be happy with being a resident and not naturalize. 
 

I would also not try any of these without an attorney. 

[SalishSea 17,515]

OP, your family needs a competent immigration lawyer.   This is well beyond DIY, especially if she did somehow manage to get a 10 year GC without removing conditions or filing a divorce waiver.

 

She could be subject to deportation.

 

good luck.

[Crazy Cat 41,312]

Bottom Line from what I read:  A person who had a conditional Green Card cannot naturalize before the ROC is approved.  

(and the person should not have received a 10 year card).

Edited July 21, 2022 by Crazy Cat

[Crazy Cat 41,312]

At this point, I cannot even determine the individual's current status......

[Rocio0010 5,579]

4 minutes ago, Crazy Cat said:

Bottom Line from what I read:  A person who had a conditional Green Card cannot naturalize before the ROC is approved.  

(and the person should not have received a 10 year card).

And the way to remove conditions is through I-751, NOT I-90

[SusieQQQ 11,586]

12 hours 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.

 

11 hours 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.

So which was it? Denied or approved? (What do you mean “technically” approved, by the way?)

 

can you block out identifying info and post the denial reasons from the refusal letter, as well as the part (if it’s there) about what she should do next?

 

 

40 minutes ago, Crazy Cat said:

At this point, I cannot even determine the individual's current status......

Exactly. This is why I’d like to see the text of the denial letter. 

[Marieke H 2,410]

10 hours ago, sotnem said:

I honestly do not understand the full scope of her immigration file

This is exactly why you should not be the one posting about this issue. Details matter, especially in this complicated case. If you want helpful advice, you will need to provide detailed, accurate information that does not contradict (for example, you mentioned that her ROC was approved and denied; which is it?).

 

It sounds like your mother (?) did not understand what she needed to file when. I agree that in this case a competent attorney may be good.

[Andel79 11]

She can apply for citizenship under 5 year rule, not 3 year rule. She got denied because she applied after the 3 year rule which did not apply to her as she was divorced. When her 5 years of being permanent resident (date on the GC) passes, she can re apply.

[Crazy Cat 41,312]

16 minutes ago, Andel79 said:

She can apply for citizenship under 5 year rule, not 3 year rule. She got denied because she applied after the 3 year rule which did not apply to her as she was divorced. When her 5 years of being permanent resident (date on the GC) passes, she can re apply.

Assuming she has had status for 5 years.....

[beloved_dingo 1,974]

17 minutes ago, Andel79 said:

She can apply for citizenship under 5 year rule, not 3 year rule. She got denied because she applied after the 3 year rule which did not apply to her as she was divorced. When her 5 years of being permanent resident (date on the GC) passes, she can re apply.

That is not the issue. From the OP:

Quote

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

Then, OP says

Quote

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" would have been an LPR for over 6 years before she applied for citizenship, if she had removed conditions properly. It was denied due to the issues with her ROC/10 year green card that have been identified by others in this thread.

Edited July 21, 2022 by beloved_dingo

[Family 3,842]

17 hours ago, sotnem said:

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

It is a good thing you are doing in trying to help your friend or mom ( if that is the case), so it’s ok if your friend is not able to post herself…there is a real digital divide and not everyone is internet/forum savvy.

 

Based on the N-400 denial being for less than 3 yrs of marriage and her actual marriage lasting only 2 yrs and 8 months …all she has to do is immediately file another N-400 under the 5 year rule .

 

Look at the copy of the N-400 application ( if she has one ) and you can verify what was marked ( am assuming 3 yrs).  Use same info to do a new form and mark 5 yrs. 
 

You can take picture of the N-400 denial post it here or copy word for word and post it , to be 100 % certain, but I’m 99% sure @Andel79 ‘assessment is correct and NO BIG WORRIES ahead
 

[beloved_dingo 1,974]

1 minute ago, Family said:

It is a good thing you are doing in trying to help your friend or mom ( if that is the case), so it’s ok if your friend is not able to post herself…there is a real digital divide and not everyone is internet/forum savvy.

 

Based on the N-400 denial being for less than 3 yrs of marriage and her actual marriage lasting only 2 yrs and 8 months …all she has to do is immediately file another N-400 under the 5 year rule .

 

Look at the copy of the N-400 application ( if she has one ) and you can verify what was marked ( am assuming 3 yrs).  Use same info to do a new form and mark 5 yrs. 
 

You can take picture of the N-400 denial post it here or copy word for word and post it , to be 100 % certain, but I’m 99% sure @Andel79 ‘assessment is correct and NO BIG WORRIES ahead
 

Based on the OP, it seems Sarah knew she had to wait 5 years before applying for citizenship (she waited 6) so I'm not sure why we would assume she applied under the 3 year rule. 

[Crazy Cat 41,312]

Was her ROC denied?  Or did she even file for ROC.......