Euler Leon
New Member
My dad and I are panicking after his N400 decision
I tried to keep this short, but was impossible.
He was married to a US citizen(2000 apr) and she applied for my dad and me for greencard. Mine was initially approved with 2-year conditional (2001 december) but my dad’s case was pending due to some issues with his advanced parole. my citizen mother petitioned for conditional removal for me(2003 October) and very soon after that filed her divorce after a bad fight(2003 October). (at the time my dad’s greencard still was not approved) they were able to resolve the conflicts so they were going on/off for a while. My dad still did not hear back from USCIS but my citizen mother was very difficult and their relationship grew apart. In 2005 April, my dad ended up filed the divorce saying he was living under extreme cruelty and she signed the divorce paper and divorce was finalized (his greencard was still not approved). In 2005 June, we were called upon an interview for removal condition.(My Dad and I are not sure, if this was an interview called from USCIS or interview requested from our lawyer at the time) On the interview, we gave them the finalized divorce paper (with extreme cruelty). There was no answers on the interview. Since then we had an address change but did not correctly follow through (could not retain our lawyer at the time due to financial reasons) When I showed up for my stamp extension in 2006 December, I was informed that my 10-year card was sent to my old address but returned to USCIS due to not pick up. I then applied for address change and applied for a new card (replacement?). I got my card in the mail in 2007. Addition to my card, my dad has also received his card on 2007 as well. We were both shocked but we just thought that he was lucky and got approved finally. We did not have resources to hire the lawyer to ask about this matter at the time. In 2009 I applied for naturalization and got approved and became a citizen on my own. (almost 8yrs after when i first got my 2-yr card)
In 2014, dad applied for citizenship and got denied at the interview (almost 6~7 years after card in mail), the interviewer mentioned that the time he got approved was later than his divorce date. Now we have the denial letter on our hand. My dad is worried very much that they are going to revoke his greencard. Are they saying that they do not believe in his marriage? Should I also worry that they might revoke my citizenship? (since my removal was also approved after the divorce..)
Here is the letter
December XX 2005 you got permanent residence status by your spouse Citizen Wife, in immigrant classification IR6 spouse of US citizen. USCIS gotyour form N400 on March XX, 2014 and on June XX, 2014 appeared for an interview to determine your eligibility for citizenship
- During your interview and reviewing afterwards, USCIS determined that you were not lawfully admitted for permanent residence. During your sworn testimony, you state that you were divorced from your US citizen wife on April XX, 2005. In order to obtain permanent residence from marriage, you must remain legally married at the time of adjustment. because you were not legally married at the time of adjustment on December XX 2005, you were inadmissible at the time of adjustment of the status.
- To qualify for naturalization on the INA 316 you have to demonstrate that you meet all the requirements of naturalization including the requirement of having been lawfully admitted for permanent residence, however you have not shown that you have been lawfully admitted for permanent residence and, therefore, you are ineligible naturalization. See INA 318.
- If you believe that you can overcome the grounds for this denial you may submit request for a hearing on form N-336 request for a hearing on a Decision in Naturalization proceedings, within 30 calendar days of service of this decision.
- Without properly filed form N336, this decision will become final See INA336
1) He does not care about being a citizen at this point. Will he be able to remain as LPR? Can he get extension on his 10-year greencard?
2) does USCIS believe that this marriage was not real? (my dad is worried that we do not have sufficient information from 10 years ago.. and also lack of legal representation at the time we do not know if information we have is good enough now)
3) Will my citizenship be on risk?
4) What is INA316, INA318, N336!?
all my dad wants now is his greencard and no more troubles from USCIS...
I tried to keep this short, but was impossible.
He was married to a US citizen(2000 apr) and she applied for my dad and me for greencard. Mine was initially approved with 2-year conditional (2001 december) but my dad’s case was pending due to some issues with his advanced parole. my citizen mother petitioned for conditional removal for me(2003 October) and very soon after that filed her divorce after a bad fight(2003 October). (at the time my dad’s greencard still was not approved) they were able to resolve the conflicts so they were going on/off for a while. My dad still did not hear back from USCIS but my citizen mother was very difficult and their relationship grew apart. In 2005 April, my dad ended up filed the divorce saying he was living under extreme cruelty and she signed the divorce paper and divorce was finalized (his greencard was still not approved). In 2005 June, we were called upon an interview for removal condition.(My Dad and I are not sure, if this was an interview called from USCIS or interview requested from our lawyer at the time) On the interview, we gave them the finalized divorce paper (with extreme cruelty). There was no answers on the interview. Since then we had an address change but did not correctly follow through (could not retain our lawyer at the time due to financial reasons) When I showed up for my stamp extension in 2006 December, I was informed that my 10-year card was sent to my old address but returned to USCIS due to not pick up. I then applied for address change and applied for a new card (replacement?). I got my card in the mail in 2007. Addition to my card, my dad has also received his card on 2007 as well. We were both shocked but we just thought that he was lucky and got approved finally. We did not have resources to hire the lawyer to ask about this matter at the time. In 2009 I applied for naturalization and got approved and became a citizen on my own. (almost 8yrs after when i first got my 2-yr card)
In 2014, dad applied for citizenship and got denied at the interview (almost 6~7 years after card in mail), the interviewer mentioned that the time he got approved was later than his divorce date. Now we have the denial letter on our hand. My dad is worried very much that they are going to revoke his greencard. Are they saying that they do not believe in his marriage? Should I also worry that they might revoke my citizenship? (since my removal was also approved after the divorce..)
Here is the letter
December XX 2005 you got permanent residence status by your spouse Citizen Wife, in immigrant classification IR6 spouse of US citizen. USCIS gotyour form N400 on March XX, 2014 and on June XX, 2014 appeared for an interview to determine your eligibility for citizenship
- During your interview and reviewing afterwards, USCIS determined that you were not lawfully admitted for permanent residence. During your sworn testimony, you state that you were divorced from your US citizen wife on April XX, 2005. In order to obtain permanent residence from marriage, you must remain legally married at the time of adjustment. because you were not legally married at the time of adjustment on December XX 2005, you were inadmissible at the time of adjustment of the status.
- To qualify for naturalization on the INA 316 you have to demonstrate that you meet all the requirements of naturalization including the requirement of having been lawfully admitted for permanent residence, however you have not shown that you have been lawfully admitted for permanent residence and, therefore, you are ineligible naturalization. See INA 318.
- If you believe that you can overcome the grounds for this denial you may submit request for a hearing on form N-336 request for a hearing on a Decision in Naturalization proceedings, within 30 calendar days of service of this decision.
- Without properly filed form N336, this decision will become final See INA336
1) He does not care about being a citizen at this point. Will he be able to remain as LPR? Can he get extension on his 10-year greencard?
2) does USCIS believe that this marriage was not real? (my dad is worried that we do not have sufficient information from 10 years ago.. and also lack of legal representation at the time we do not know if information we have is good enough now)
3) Will my citizenship be on risk?
4) What is INA316, INA318, N336!?
all my dad wants now is his greencard and no more troubles from USCIS...