Jump to content
vidash23

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

 Share

19 posts in this topic

Recommended Posts

Filed: F-3 Visa Country: Guyana
Timeline

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!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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?  

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

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 by OldUser
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline

OP needs to return and clarify the timeline of events.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: F-3 Visa Country: Guyana
Timeline
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

Link to comment
Share on other sites

Filed: F-3 Visa Country: Guyana
Timeline
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? 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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). 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
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. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Sweden
Timeline
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?

Link to comment
Share on other sites

Filed: F-3 Visa Country: Guyana
Timeline
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\'.

Link to comment
Share on other sites

Filed: F-3 Visa Country: Guyana
Timeline
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 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Russia
Timeline
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.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Link to comment
Share on other sites

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 …

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...