Alexmat1

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.

Hello All, History: I moved to US through marriage and had a conditional green card. We got divorced and as the process was long drawn, I filed I-751 to remove conditions on my GC but couldnt submit the divorce decree which USCIS asked for. They denied I-751 and terminated my conditional status. For 3 years I was without green card (though I am considered a resident as long as I am in US). Eventually I reapplied and got I-751 approved and have a 10 year GC now. I also applied for citizenship and was approved but delayed taking oath.This led them to cancel my N-400, and now I had to reapply the N-400 (which is under process). During past 8 years I was here, I was initially supported by my spouse, after divorce I worked for 2 years and currently I am unemployed but actively looking for work. For the past 2 years I am on Medicaid and also receive food stamps. I was receiving them for about 1 year (about 4 years back). I am planning to travel outside US end of December and will be flying back to US in February end. I am concerned of these risks: 1) With new president taking office in Jan 20,2025, and given the history that last time he made rules to consider medicaid and food stamp use as public charge offenses, would I be stopped by CBP because I am on medicaid/food stamps. 2) Will the time period (3 years) between when my conditional green card was terminated till I got 10 year GC , come up and cause an issue with CBP on re entry to US ? Or my N-400 denial (though I was approved but I delayed taking oath) be considered against me. Even if that is construed as I do not want to be a citizen (though I have reapplied and want to be), can that be taken as intent to be not a US resident (GC). 3) If CBP officer denies my entry, what are my rights and options. Can I request a court appearance or CBP officer can deny that ? I am told I have a right to attorney, but if my flight lands at 1 am on saturday and CBP decides to deny entry by 2 am, there is on attorney who can come at that time, thus CBP has enough time to send me back. I am pretty nervous thinking about these. Pls help.

I think its a losing game for her. She maynot get any property from you, but if the marriage has been for a year or two, the judge can order some support based on your income but that support could be few months to an year, and if you are already supporting her after separation thats counted as credited towards your total support obligation.