Denied my Citizenship after 5 Years of Staying in the US - Please help

[vidash23 4]

The letter discusses a review of the recipient's immigration status and a decision regarding their admissibility in the United States.

1. Accrued Unlawful Presence: Initially, the recipient had accrued unlawful presence because their non-immigrant visa expired. However, upon further review, it was found that they had not departed or been removed from the U.S. after their entry on October 16, 2015. This led to a change in their inadmissibility status under INA 212(a)(9)(B)(i)(II). The previous decision from July 25, 2024, is vacated, and the related Form I-601 application is terminated.

2. N-400 Denial: Despite this, USCIS continues to deny the recipient's N-400 (naturalization) application because they were not lawfully admitted for permanent residence. To qualify for naturalization under Section 316 of the INA, the individual must have been lawfully admitted for permanent residence. The review indicates that they were ineligible for adjustment of status under INA 245(a). Therefore, they remain barred from adjusting their status under INA 245(c).

 

What can I do to over come this? - I had came here with a visitor visa and stayed where i was granted my green card - never travelled back outside of the US, Now I'm apply for my citizenship and I'm being denied, please help!

[Crazy Cat 41,846]

28 minutes ago, vidash23 said:

The letter discusses a review of the recipient's immigration status and a decision regarding their admissibility in the United States.

1. Accrued Unlawful Presence: Initially, the recipient had accrued unlawful presence because their non-immigrant visa expired. However, upon further review, it was found that they had not departed or been removed from the U.S. after their entry on October 16, 2015. This led to a change in their inadmissibility status under INA 212(a)(9)(B)(i)(II). The previous decision from July 25, 2024, is vacated, and the related Form I-601 application is terminated.

2. N-400 Denial: Despite this, USCIS continues to deny the recipient's N-400 (naturalization) application because they were not lawfully admitted for permanent residence. To qualify for naturalization under Section 316 of the INA, the individual must have been lawfully admitted for permanent residence. The review indicates that they were ineligible for adjustment of status under INA 245(a). Therefore, they remain barred from adjusting their status under INA 245(c).

 

What can I do to over come this? - I had came here with a visitor visa and stayed where i was granted my green card - never travelled back outside of the US, Now I'm apply for my citizenship and I'm being denied, please help!

Did you adjust status through a perm resident after having accrued unlawful presence?  

[OldUser 6,658]

Need more details. What's the Resident Since date on GC?

 

It's possible USCIS will never approve N-400. It's also possible they're kind enough they won't take GC away, unless somebody keeps applying for N-400.

 

IMHO this case requires a seasoned lawyer who will evaluate the chances of keeping LPR status.

Edited September 17 by OldUser

[Crazy Cat 41,846]

OP needs to return and clarify the timeline of events.

[vidash23 4]

19 minutes ago, Crazy Cat said:

Did you adjust status through a perm resident after having accrued unlawful presence?  

Yes - After i was told that i was denied citizenship - i file the 601 in July 2024

[vidash23 4]

11 minutes ago, Mail2n said:

Easy or not is defferent topic what can and should be done is as above i said we deal this cases in our church day in day out 

 

But it can be done.

N400 is out of question he has to sort his lpr and wait 5 yrs again .

2 issues here he erred by applyg to adjust status with approved 601 . Or no 601 july 2024 date is confusing . And then if uscis approver his lpr that was in error too as he is not qualified to adjust status .

 

Yes he can apply fresh 601 while with in usa which he got is difficult but he got it done before but new issues can complicate so thats big task . Once its approved he is all good.  He can goto consulate and get new gc like anyone else 

Trying to understand here: 

 

I applied for a new i-601 on July 2024. 

Do i reapply for my citizenship now?

Do i wait 5 years then reapply? 

 

Do i use my green card to travel internationally and come back into the country legally? 

[Crazy Cat 41,846]

Just now, Mail2n said:

But this is serious issue 

Agree.  Op could not ever legally adjust status through another Green card holder if he/she had ever accrued unlawful presence (the way I interpret the law). 

[Crazy Cat 41,846]

5 minutes ago, Mail2n said:

GC is taken away kind or not kind legally its not valid.

 

I think that was one of @OldUser's points.  The OP is in danger of losing LPR status. 

[NorthByNorthwest 352]

3 hours ago, vidash23 said:

Trying to understand here: 

 

I applied for a new i-601 on July 2024. 

Do i reapply for my citizenship now?

Do i wait 5 years then reapply? 

 

Do i use my green card to travel internationally and come back into the country legally? 

 

How and when did you get your green card?

[vidash23 4]

31 minutes ago, NorthByNorthwest said:

 

How and when did you get your green card?

I received my GC this is almost 6.5 years now. 

Never used it to travel internationally\'.

[vidash23 4]

Just now, Mail2n said:

Did u apply 601 before your GC ? 

Yes i applied for it before - and then file a second form in July 2024. 

 

After i was told i had the inadmissibility 

[Dashinka 24,494]

3 hours ago, Mail2n said:

Provisional 601. Is hardshop waiver for people who are in USA and have violations that bar them for adjusting status . Its Provisional means it will let u stay in USA while processing but you have to goto consulate to get your GC .

 

Yout exieting GC is invalid . Without pending 601 application you could face removal . Thats sad reality 

 

1. Forget citizenship thats later in future

2. If you got your GC without 601 . You can be charged for misrepresentation for not disclosing your violation or could be uscis error 

3. This is very serious and i am worried u need to act swift and properly with good lawyer 

I agree, this will require a good lawyer, and you laid out the real only option.  Definitely will be a slog for the OP to get back their LPR status.

[Marieke H 2,498]

I tried to look at the OP's post history to hopefully get a better understanding of the background of this case, but it looks like about 8 different people share this account, all with different types of visa applications and timelines...

 

OP, if you want helpful answers, you will need to provide clear information. You have not even answered the question how you initially received your green card. 

[Family 3,988]

7 hours ago, vidash23 said:

The letter discusses a review of the recipient's immigration status and a decision regarding their admissibility in the United States.

1. Accrued Unlawful Presence: Initially, the recipient had accrued unlawful presence because their non-immigrant visa expired. However, upon further review, it was found that they had not departed or been removed from the U.S. after their entry on October 16, 2015. This led to a change in their inadmissibility status under INA 212(a)(9)(B)(i)(II). The previous decision from July 25, 2024, is vacated, and the related Form I-601 application is terminated.

2. N-400 Denial: Despite this, USCIS continues to deny the recipient's N-400 (naturalization) application because they were not lawfully admitted for permanent residence. To qualify for naturalization under Section 316 of the INA, the individual must have been lawfully admitted for permanent residence. The review indicates that they were ineligible for adjustment of status under INA 245(a). Therefore, they remain barred from adjusting their status under INA 245(c).

 

What can I do to over come this? - I had came here with a visitor visa and stayed where i was granted my green card - never travelled back outside of the US, Now I'm apply for my citizenship and I'm being denied, please help!

@vidash23 , please clarify if I misunderstood:

1. You entered Oct 2015 on a visitor visa. You overstayed more than 1 year..and you never left the US since.

 

2. Approximately 2018 you applied for green card ( I-485 from within the US. Will assume you adjusted through one of these a. LPR spouse, b. employment or c. diversity visa. Which one ?

Am guessing you filed I-601 for ULP ( unlawful presence ) at the same time as I-485 or soon after. 
**USCIS approved both in error and you have been LPR for 6.5 years.

 

3. When you filed for N-400, they caught their mistake and denied citizenship as well as “ terminated “ the previously approved I-601.

4. Not sure who advised you to re-file I-601 , but that was a wasted effort. ..by itself it will not “ fix” the adjustment granted in error.
 

5. You are STILL an LPR .Unless USCIS initiates Recision Proceedings ( they send an official notice), and you go to immigration court to fight your case in front of a judge. 
‘Until an IJ takes LPR away, you are an LPR with full rights and privileges. 
 

6. That said, I would NOT be comfortable traveling…without balls of steel and a stand your ground mindset…meaning you have to face possibility of grueling secondary, but hey, they MUST let you back in. 
 

If you do read this, please answer point by point.

 

 

[Family 3,988]

7 hours ago, Mail2n said:

Provisional 601 waiver applied within country they its only effective onceu left the country . Thats why it’s provisinal. You cant adjust status you have to go through consulate thsts the mistake happened. Only exception is asylee who cant go back.

If I may point out the Provisional Waiver is I-601 A..and not relevant to OPs circumstance since he clearly adjusted in the US w an approved I-601. 
Because he has been an LPR for 5 years ( no matter approval was in error), USCIS cannot take his green card away without rescission proceedings…what will be required in court depends on outcome and may include anything from a grant to , voluntary departure and Conditional I-601 A …