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emersin2013

N-400 Denied (Asylum on Admin Closure); What To Do? [split topic]

By emersin2013 in General Immigration-Related Discussion

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Verrou Proficient

Verrou   1,962

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6 minutes ago, emersin2013 said:

Hi I already have my green card 4 years now my N 400 citizenship got denied because My asylum case is on administrative close I was told I need a termination proceding can just go the court and ask for hearing date so they can close it .

No ! U might get hearing date a year from now. Get a lawyer to file motion to reopen and motion to terminate ! Better do it now before we got new president ! 
 

how did you get ur GC ? Normally GC won’t be approved if ur case is admin closed in court 

TBoneTX Grand Master

TBoneTX   45,394

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The above post & reply were split from an old thread in another forum.

A duplicate unanswered post was removed from an old thread in yet another forum.

Please let the current thread remain the only thread on this topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

emersin2013 Newbie

emersin2013   0

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6 hours ago, Verrou said:

No ! U might get hearing date a year from now. Get a lawyer to file motion to reopen and motion to terminate ! Better do it now before we got new president ! 
 

how did you get ur GC ? Normally GC won’t be approved if ur case is admin closed in court 

Got my GC from my wife she a us citizen I think I was lucky that they didn't dismiss my case 

Boiler Grand Master

Boiler   45,585

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You adjusted when your asylum case was with the Immigration Court?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Verrou Proficient

Verrou   1,962

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3 hours ago, emersin2013 said:

Got my GC from my wife she a us citizen I think I was lucky that they didn't dismiss my case 

i wont say i am lucky if im in your shoes since at the moment u hit a road block. get a good deportation lawyer, not just a "lawyer". go to the court and ask around. usually there are plenty of deportation lawyer who always in the court doing cases for their client. u want that lawyer and not just immigration lawyer.

 

1 hour ago, Boiler said:

You adjusted when your asylum case was with the Immigration Court?

there are couple of story when some people have different A# ( i understand alien # is assigned for life, but in practice, many people got a new one because they dont disclosed the old one) that's why their USCIS case and court case arent connected

Boiler Grand Master

Boiler   45,585

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1 minute ago, Verrou said:

there are couple of story when some people have different A# ( i understand alien # is assigned for life, but in practice, many people got a new one because they dont disclosed the old one) that's why their USCIS case and court case arent connected

If that is what happened, ouch!!

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Verrou Proficient

Verrou   1,962

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8 minutes ago, Boiler said:

If that is what happened, ouch!!

ouch indeed ! maybe they are getting better with it, but TBH i literally just heard a friend of a friend of a friend told me he applied for asylum. this person has no last name ( typical indonesian), and just added a new "last" name, and guess what? EAD came with a brand new spanking name. i was wondering how this adjudicator actually did "background" check. 

 

so the discrepancy between last name and combination of different A# is the problem thats why i think USCIS didnt catch it when someone is in removal proceeding. As far as i know, n-400 background check is something else. i just found out a month ago when a friend of mine got n-400 interview. IO asked 4 times if she has a different name, and she said NO. until he said a different last name and then it hit her. ex husband use his last name as her last name ( not legal name) ONCE  20 years ago for health insurance and USCIS actually catch it. cant blame her she dont remember because ex husband has no legal documentation to add the name on the insurance and it only used once. lucky she still got approved and get same day oath ceremony

Edited by Verrou
Boiler Grand Master

Boiler   45,585

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It is certainly not unknown for people to be mistakenly issued 2 A numbers, seen that.

 

I had not come across asylum seekers doing it deliberately in the hope they would not be tracked.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Verrou Proficient

Verrou   1,962

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Posted (edited)
1 hour ago, Boiler said:

It is certainly not unknown for people to be mistakenly issued 2 A numbers, seen that.

 

I had not come across asylum seekers doing it deliberately in the hope they would not be tracked.

i agree. i dont even think they  think about it. to live in the US especially not in sanctuary cities is tough without last name. in LA, NYC is common to see : FNU, LNU, No name GIven. but then in another states, with that FNU as surname its not easy to open bank account, get a job etc because its weird. 

Edited by Verrou
Verrou Proficient

Verrou   1,962

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12 minutes ago, SalishSea said:

Did not know this was allowed.

can always file AOS to USCIS while in removal proceeding, but USCIS cant adjudicate i-485 until removal proceeding terminated.

once removal proceeding terminated, go back to USCIS to reopen i-485. 

 

seems for some reason USCIS didnt catch it while OP AOS'ing but catched it on n-400

 
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