Alexmat1

Given the history, if I travel, would that be a reason to be detained although my records are clear. I am not sure if CBP can raise an issue regarding the postponed Oath ceremonies and tie that to my lack of intent to naturalize and somehow tie that to lack of intent to remain in US (and thus targetting Greencard). I am told my attorneys that only a judge can decide on that but still anxious seeing all that is happening around.

I came to US on marriage based green card, went through a divorce,filed I-751 first time that was denied because my divorce was still in the court. Filed it second time after divorce and also applied for N-400 alongwith. Both were approved in same interview. I was later called for Oath, which I couldnt attend few times because I was travelling and out of state and once I was hospitalized during which the Oath was called for. Because of this, USCIS opened a motion with an intent to deny my approved N-400. I filed N-336 asking for a hearing. I should have heard back from USCIS on N-336 in 180 days but they closed my N-336 with no hearing or decision made and instead re opened N-400.Since I didnt hear back on N-336 I assumed I have to refile N-400 so didnt expect anything from USCIS. I was travelling in and out of US in 2024 for a few months and during this time USCIS send another invite for Oath ceremony,then send another letter cancelling it and set me for a later ceremony. Since I didnt anticipate my N-400 being reopened (in my mind N-336 being closed and N-400 being denied meant my only option is to reapply N-400 when I was back in US), I missed that Oath. That was in Oct 2024. Since then I have been waiting for the Oath and USCIS told me I will be rescheduled for Oath as my N-400 is again active. Its been 9 months and no updates from USCIS. I went to USCIS Infopass appointment and they asked me to wait. I checked with USCIS on phone and they said my case is forwarded to Oath queue and I will hear soon. On USCIS online account, it says my case is now outside normal processing times, so I raised an enquiry using self service tools. I have to travel internationally and I delayed it all these months waiting for an Oath ceremony as I dont want to miss the next one, so I want to do the Oath before I travel. Progress tab on USCIS shows case decision is complete and the next step is Attend Oath (if approved). If the case decision is completed, what approval is required for the Oath ? Or should I file another N-400 so USCIS will act on my case. What are my options ?

Can you use FOIA to get what CBP (Customs and Border Patrol) has on you ? Or is their database considered non public/sensitive and hence government can withhold providing any information about you ?

Perfect advice. I was looking for a USCIS directive or something from their website which states a conditional residents I-751 even when denied, they remain a LPR until a Immigration judge decides otherwise. Would you know where I can find this. Though your advise is correct, I cannot find anything on USCIS website.

I have a 10 year green card now, however in the past my I-751 was denied once and I reapplied again and got it approved. The law as I understand is the conditional resident is still an LPR even when I-751 is denied, until a judge adjudicates on his case. I have a international travel coming up and worried about the overactive CBP now, who might see that my I-751 was denied in the past and despite having a 10 year green card now, might want to use that to pull me into secondary or make it difficult for me. I want to be prepared. There was some directive by USCIS in this regard (like a PDF document) that stated the policy that Conditional resident is still a LPR even when I-751 is denied. I googled it now but couldnt find it. If anyone has it or could point me to where I can find it, I intend to keep a print out of that, just in case. Thanks.

Does it mean my case is still not approved and its being reviewed (although they said they have recommended it for approval and after that they send me a Oath invite (which meant N-400 was reapproved). So the progress tab (I am not concerned about the months shown there but only wondering if it means my case is still not decided because there is an estimate shown) along with the "sent for a review" mean the invite for Oath was a mistake and they are still yet to decide on my case ? Is there any way I can (through infopass appointment or writing to USCIS) say I am ready to do Oath, if that helps them move faster. If none of this is viable solution, am I allowed to apply a new N-400 or I have to wait until they decide ?

Today I found this on USCIS when I logged on to my account. We recommended that your Form N-400, Application for Naturalization, be approved.Your case was submitted for quality review. This was last year and after the N-400 was denied and I had submitted a N-336 - so it means N-400 was re approved. . After that I was send a letter to attend Oath. But I also see on the my progress tab that shows an estimate time of completion of my case as 4 months. - What does quality review mean ? Does that mean even after N-400 was approved there is another review by another department ? - Why does it show an estimated time of completion of my case if N-400 was approved and I was placed back in queue, and as mentioned earlier I was called for Oath once.

I had done my interview and was called for the Oath in 2023. I had to postpone the Oath few times as I had to travel outside US to my home country for me to get a few things done for which I still had to remain a citizen of that country (dual citizenship is not an option). I wrote letters to USCIS mentioning that and asking for a postponement. However eventually they opened up my case to deny my N-400 approval. I was able to appeal that decision through N-336 and even without a hearing, and they reversed their decision and reapproved my N-400. By this time I was working in a different state (travelling there every month). After this reapproval they set an Oath, but I got a letter that they have cancelled it because of some issues on their side and set me up for another date. I didnt get this new Oath letter in time and I couldnt attend it. I received another letter saying I will be called again for Oath. This was about 5 months back. Since then there is no contact from USCIS. I contacted them via phone and took an infopass appointment but now they say the N-336 is still pending decision. Thats surprising because they did approve the N-336 appeal and reapproved my N-400 (which is why I was called again for Oath). I am not sure what should I do - Do I keep waiting indefinitely ? I cant file another N-400 application if they are still undecided on N-336. Btw N-336 should be decided in 6 months time ( I filed it in De 2023). I know for sure that it was approved (as I got a letter to that effect but now cant find it).

Its a typo . I meant CBP hands over forms asking LPRs to sign that will denounce their green card.

I only intend to stay for 2 months max. Wouldnt risk staying any longer in the near future with new administration coming up with many major changes to immigration.

My query is about deporting (as in sending one back with the GC intact). Can the CBP officer send me back (with no court intervention) or can I appeal that decision and stay or be detained in US until I see an IJ. I understand CBP cannot take away GC (though they have been known to give out forms misleading GC holders to sign it which renounces citizenship, I wont do that).

I meant they can deport you. CBP can turn away GC and send them back. They have in some cases misled people to sign a form (which says they are renouncing GC). But in my case I wont sign anything, but they can still sent me back and my query was can I then ask for a day in court or ask for immigration attorney assistance (mine or theirs).

Thanks. My worry is if I return in February and by then the new president passes laws that makes medicaid as public charge (think this was done in 2017 during his first term), and if CBP acts on that new rule and denies me entry, what rights do I have as GC holder ? Can I request court date ? Or am I deported right away ? Do I get rights to an attorney ?

Thanks. But if CBP does make it difficult, what rights does a GC holder have. Can I request for court appearance ? Am I given an attorney ?

Yes I have to travel. If Its too risky would have to return before the next president takes office.