What do I do now? (LPR denied citizenship)

[beloved_dingo 1,976]

2 minutes ago, Crazy Cat said:

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

She received her 10 year green card but it is not yet clear whether she got it through a properly filed I-751, an improperly filed I-751 (without divorce waiver), or by filing an I-90 online. 

Edited July 21, 2022 by beloved_dingo

[beloved_dingo 1,976]

@sotnem Did she attend an interview before receiving her 10 year green card?

[Family 3,988]

10 minutes ago, beloved_dingo said:

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. 

Thank you for correction. I wrote before seeing ur post. 
OP remains in LPR purgatory,  but absolutely in LPR status, no rececission/ removal action can be initiated by USCIS because it’s past the 5 yr mark and that’s been litigated and stands. 
 

Worth a Late Filed I-751 w divorce waiver and I made a boo boo defense. At most they will reject filing or eat the fee and say not eligible to refile or best case scenario, accept I-751 waiver and fix her file so she can Natz later. 
 

[Boiler 45,479]

It is more complicated than that, but to make any sensible comments having a straight story is essential. 

 

My inclination is that she needs a competent lawyer.

 

A possible recommendation maybe that assuming there is no action to remove her PR let sleeping dogs lie. I could see that they may just leave it at not granting Citizenship but very aware I am making a lot of assumptions.

[African Zealot 1,455]

If there is no misrepresentation or fraud on her part, then she should as directed refile removal of conditions with a divorce waiver and then after that file for citizenship. If however, she knows she committed some willful misrepresentation along the line, the advice would be to keep renewing her green card and never attempt citizenship.

 

Personally, from all the convoluted stuff you posted, my take is that she ignorantly did not file the removal of conditions under the right category and thus although it was granted, it should not have been. With the ignorance defense, the misrepresentation would not be wilful and thus she will not be barred from citizenship after everything is corrected.

 

Ultimately, I would recommend a competent immigration attorney for this because for someone who has botched her simple filings in the past, DIY on this more complicated scenario is not recommended.

 

Good luck!

[Family 3,988]

31 minutes ago, Boiler said:

My inclination is that she needs a competent lawyer.

31 minutes ago, Boiler said:

A possible recommendation maybe that assuming there is no action to remove her PR let sleeping dogs lie. I could see that they may just leave it at not granting Citizenship but very aware I am making a lot of assumptions

Agreed , look for someone with experience in recession proceedings. 
https://www.justice.gov/eoir/eoir-policy-manual/7/3

 

31 minutes ago, Boiler said:

Also agreed that she can stay as LPR and let sleeping dogs lie, but at stake are the I-130s filed for Sarah’s children back in 2014. I have no hands on nor handy research on what/ how USCIS stance is in blocking that. 
 

Am still waiting to see how @June k ( beneficiary spouse stuck outside) for a denied N-400 where LPR was not eligible at grant 

Denied Citizenship, Lawyers won't appeal

By June k,  April 4 in Waivers (I-601 and I-212) and Administrative

 

Edited July 21, 2022 by Family

[Scandi 4,166]

I'm super confused about this story. So the conditional greencard was approved, the ROC was approved. Once the first 10 year greencard was about to expire you filed for a renewal i-90 and N-400 at about the same time, and the i-90 and N-400 were both denied? 

 

I'm saying "you" because the title reads "what do I do now?", so seems you are "Sarah"? 

[Andel79 11]

1 hour ago, beloved_dingo said:

That is not the issue. From the OP:

Then, OP says

"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.

True I missed that date. My bad

[beloved_dingo 1,976]

3 minutes ago, Scandi said:

I'm super confused about this story. So the conditional greencard was approved, the ROC was approved. Once the first 10 year greencard was about to expire you filed for a renewal i-90 and N-400 at about the same time, and the i-90 and N-400 were both denied? 

 

I'm saying "you" because the title reads "what do I do now?", so seems you are "Sarah"? 

"Sarah's" 10 year green card does not expire until 2024. So, conditional green card was valid from 2011-2013, 10 year green card was granted in 2014 and expires in 2024. 

 

We have not yet gotten clarification about whether the 10 year card was obtained by (incorrectly) filing an I-90 or through I-751/ROC. 

[Family 3,988]

16 minutes ago, African Zealot said:

all the convoluted stuff

Although the entire thread post and responses read a bit like “ Whose on First and What’s on Second” skit by Abbot and Costello, I think the VJ sleuths got a good analysis. see @beloved_dingo for the condensed version 

[Rocio0010 5,579]

58 minutes ago, Family said:

At most they will reject filing or eat the fee and say not eligible to refile or best case scenario, accept I-751 waiver and fix her file so she can Natz later. 
 

Could you please clarify: in that same scenario, what would happen to Sarah's derivative applications? Say, for example, she has a son that got his green card through her. Would this also impact his case? I'm confused.

[Family 3,988]

1 minute ago, Rocio0010 said:

Could you please clarify: in that same scenario, what would happen to Sarah's derivative applications? Say, for example, she has a son that got his green card through her. Would this also impact his case? I'm confused.

Just to be clear, our Sarah has no derivatives …only the pending I-130 s for kids .
The theoretical Sarah w derivative LPR children would also be stuck in LPR purgatory .

[Rocio0010 5,579]

3 minutes ago, Family said:

Just to be clear, our Sarah has no derivatives …only the pending I-130 s for kids .
The theoretical Sarah w derivative LPR children would also be stuck in LPR purgatory .

I think OP is Sarah’s son. My gut tells me that. 

[Family 3,988]

1 minute ago, Rocio0010 said:

think OP is Sarah’s son. My gut tells me that. 

It’s very very common for immigrants to not have either the / computer/ smart phone/ internet skill or confidence to post ..and absolutely entrust their child with such sensitive issues like immigration. Too bad he is getting so much flack for trying….
 

I know mom just passed N-400 so she is proficient in English but getting a denial in N-400 is scary and it usually costs $ 4k minimum to shake hands w an immigration attorney. 

[Rocio0010 5,579]

13 minutes ago, Family said:

Just to be clear, our Sarah has no derivatives …only the pending I-130 s for kids .
The theoretical Sarah w derivative LPR children would also be stuck in LPR purgatory .

My question is: aren't the kids considered "derivatives"? If her 10 year GC was granted in error, are they going to go after her kids' status?