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