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.

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.

Please read what I posed initially carefully. I never said there were financial issues in my country but there is a backlog thats related to country (if you meant financial instability in that country thats not what I meant). In normal times it should have completed in few months but that overshot. I also said I didnt want to naturalize but had to hold it till the above process is done. Hope I didnt confuse.

That was not what I had asked. Question is not about PP or how to renounce it but that I had to postpone oath because I had to get few things processed in my home country which required me to be a national for it to happen.

It depends on what is considered a good reason. Its not a tax benefit but something like 401k for over 10 years that I will lose if I dont withdraw it while I am a citizen. If USCIS thinks that is a good reason or not would be the main point. For an individual it is a major thing as its life saving.

I never renounced my PP from my homecountry. But on taking the Oath, by default I lose the citizenship of homecountry. Even if I dont tell them and keep the PP, it wont work because when I travel out of US and reach home country there is no visa or GC for me to show. That would mean I am a citizen by default and immigration there can confiscate my PP. This is why I cant take the Oath till I have processed things back home.

I dont think this is true. I came through i864, went through divorce. After my divorce was done, I filed for support based on i864 at the Federal court, ofcourse was represented by an attorney but I had done all the homework related to evidences, proofs of income and defenses etc, it was a lot of work before I approached attorney to initiate this. My ex had two top attorneys but they knew it was a losing game and finally settled for what we asked. The fiduciary duty to support will be governed by the state family law, not the immigration laws or any obligation to support associated with it. In this case as the sponsor withdrew the petition and thus no green card was issued, there is no enforceable contract, simply because the contract did not ripen. The contract says if the immigrant is given a green card based on the marriage then the sponsor has an obligation to support her at a certain % of poverty level. Since the green card was never issued, even though the sponsor would have submitted a signed contract to USCIS , and a copy of which the wife can procure via FOIA, the defense would be there was no green card issued and thus the contracts conditions were never met. Depending on the length of marriage and the common property generated during that time and the states family laws the husband might be on the hook for some short term support and it largely depends on the income and standard of living during marriage. The wife has no other option to gain a green card via this marriage or any other option. VAWA would require proofs such as reliable testimony or police/hospital/social worker reports etc. Else everyone could use that route to get a GC. She could go back on student visa or get remarried and gain green card via that.

Hello All, I filed for N-400 and was approved. I got a letter to attend Oath ceremony two of which I had to postpone because I had to remain a citizen of my country while some financial processing was still going on in my home country (it was delayed because of covid backlog) so I request USCIS for a few more months. I mailed USCIS request for postponement ahead of the dates. I was then scheduled for another Oath which I had to postpone because of health reasons (I required bed rest as advised by doctor for two months.). I send a request for postponement for this as well along with doctors note. USCIS then mailed me a letter saying they are opening a motion to reopen my N-400 approval with an intent to deny. Reason was if three oaths are abandoned then its treated as the resident has no intention to naturalize and is treated as receiving a derogatory information after N-400 approval, and treated as such. I had 15 days to respond to it, and I responded to it submitting proofs of all the responses I had sent to USCIS requesting for postponement. There was no response from USCIS for several months while I waited to hear from them and when I called the customer service for an update they had none. After two weeks of that call I received a decision on my response denying the N-400. Reasons were as above. I can file for a Request for hearing (N-336) if I can overcome the presumption for denial (which is lack of intent to naturalize) in 30 days or 33 days (if decision was mailed to me). I was travelling and saw this in mail last week when I come back. Since it was mailed out I have 33 days and I am preparing the paperwork to file the hearing. I have the following queries if someone who has knowledge on this can help: 1) Because I am so close to the 33rd day I will be able to mail it out on 32 or 33rd day. Is it considered timely filed if I have the USPS seal with date on it (plan to sent this certified mail) or should it actually reach USCIS office and be received before the 33rd day ? 2) Do I count the days including the date on decision letter. It is dated Oct 3 2023. So does day 1 start from Oct 3 or from Oct 4 for calculating the 33 days. 3) This hearing can take upto 180 days (as per rule) so realistically I am thinking it could be between 4-6 months out. If I get denied then I have to reapply N-400 again and wait out another 15 months. So I was planning to file N-336 now and next week file for N-400 (reapplication) so that even if the hearing doesnt help reverse the decision, I would only have to wait another 9 more months or so for decision on second N-400. I am prepared to pay fees for both, but I wanted to know if filing if this strategy will hold my N-400 in queue (until N-336 is decided) in which case I might as well only file N-336 now. Or filing both can automatically eliminate N-336 (if USCIS thinks reapplying N-400 means I am no longer interested in hearing). 4) I plan to overcome the presumption that USCIS has (that I have no intent to naturalize) by submitting the responses showing the delay in a process in my home country (because of covid issues) and how I had to remain a citizen of that country till its done. That processing is now over so I can provide proof of that to show there is nothing stopping me from naturalizing. However if USCIS goes by how the law is then the office at hearing can uphold their decision. I am hoping for the discretion of officer and if I can convince him. If anyone has gone through this particular denial please let me know what other points could I use. Much thanks. I know this is something made worse because of my special circumstances. I have to spend double the money and energy to straighten this now.