greencard expired and citizenship denied

juno

Registered Users (C)
My husbands citizenship was denied in 2006, reason lack of moral character, one year later appeal also denied but except that no letter or deportation notice since then. Denial was due to the fact that his immigration was as un-married son of US citizen and between interview and landing we got married not knowing that this changes category and we didnt know we did something wrong until the denial letter when we consulted a lawyer. (we had no reason to do this knowingly since the category for married sons was also current at that time 2000 and I had canadian residence so I could come anytime and get married in US) Later his GC expired in 2010 we did not apply for renewal fearing any deportation proceedings. Recently Igot my Citizenship. Now should I apply for his GC and AOS for him or renewal of GC. Thanx, any input will be really appreciated.
 
How did you get your green card? Was your green card connected to his in any way?

Did he get married before the parent who sponsored him became a citizen?

When was his green card approved (month/year), and is he from the Philippines or Mexico? What was his priority date?

They have not cancelled his permanent resident status, so applying for AOS at this point is not doable. Green card expiration doesn't mean the permanent resident status expires.

If it is indeed true that the category for married sons of USC was current for his priority date and country when his GC was approved, and he got married only AFTER the sponsoring parent became a USC, he would have been eligible for an automatic transfer to that category so I don't see how they would have any basis to revoke his green card. Unless the rules back then for changing categories while retaining the priority date wouldn't have allowed that.
 
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h223hn

Thanx for your reply.

He was interviewed in Pakistan in May 2000 (His mom already a USC since oct1999 she upgraded application from LPR to USC). We got married on june 4th and he came to US on june 10th. He was not asked anything about marriage at POE.
( nowdays I think they have stamp saying do not get married)
I joined him in Sept (canadian residence, exempt from visa at that time.) He applied I-130 for me in Jan2001 and I stayed here waiting for adjustment under 245(i).
In 2005 he applied for his citizenship, after interview also he didnt know there was something wrong (no lawyer). In Feb06 when he received denial stating the reason we went to a lawyer. He did appeal and at the same time applied for my adjustment of status($1500) as my date was current and also work permit. In Aug 06 I got my work permit and then in Oct Green card. In Feb 07 my husband's appeal was denied since the officer didnt hear any explanation and lawyer charged us $5000. After denial he wouldnt see us. So we went to another lawyer who said that you are lucky that they only denied and not take away his G.Card. So wait till my CZ as it will be easier after that and my GC is also an inservice error which they cannot take back. So thats what we did and at my CZ interview nothing came up regarding my husband. Another $2000 to lawyer.
Before applying for CZ I visited another lawyer who said if one thing u gained from todays consultation is DO NOT APPLY FOR CZ.
Now the lawyer who did my CZ application is saying to apply I-130 and I-485 ($7500 lawyer fee +$1500 app. fee, which I am reluctant to pay as no guarantee plus if later we go to court I dont know how much more).
My husband didnt travel abroad since 2000 except for a trip to Canada in 2008 which we didnt have any problem at the border.

Now should we just try and renew his green card but what about CZ? I know that he is still a LPR but he cannot travel with expired GC (since june 2010) plus if some problem arises while renewing he will have a problem at work too. Plus he wants to travel too. We have 3 kids born here.
 
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Now the lawyer who did my CZ application is saying to apply I-130 and I-485 ($7500 lawyer fee +$1500 app. fee, which I am reluctant to pay as no guarantee plus if later we go to court I dont know how much more).

That lawyer just wants to take your money. Even if his GC is revocable, until now they haven't revoked it so he isn't eligible for I-130 and I-485. If something is going to be filed, it should be the GC renewal.

Does he have a Social Security card without the employment restriction? If yes, he can use that for employment despite the expired GC. Make sure the SS card is kept in a safe place and not carried around on a day-to-day basis.
 
Thanx for the input.
He is already working (semi-govt job) no restrictions on social security card. Though GC expired he is still in LPR status but if we go for renewal and it is denied then what will we do. The lawyer (very experienced but very costly) wants to get him a new GC because technically the present one was not right. Then again the denial reason was "moral character" and not invalid GC. This all is so confusing.
The problem is that he cannot travel unless he renews GC. The lawyer is pretty confident that even if we have to go to court I am going to win this case.
 
He is already working (semi-govt job) no restrictions on social security card.

I think you misunderstood the restriction I was referring to.

For noncitizens who get a Social Security card, there will be some wording like "Not valid for employment without DHS authorization" on the card unless they had permanent resident status at the time the SS card was issued. Permanent residents who still have a SS card with that restrictive wording will have to show their green card when obtaining employment (or green card equivalent like the I-551 passport stamp).

If the SS card is issued after obtaining LPR status or citizenship, it won't have that wording. A card without that restrictive wording can be used in combination with an acceptable ID such as a driver's license as proof of employment eligibility, without having to show the green card. So if he changes jobs, he won't need to show a valid green card if he has the unrestricted Social Security card, but of course he will need a new green card to travel internationally.

The lawyer (very experienced but very costly) wants to get him a new GC because technically the present one was not right.
If the lawyer is referring to getting new GC status, he would have to first lose his current status (whether forcibly or voluntarily) to qualify for a fresh "untainted" GC status. Voluntarily would mean leaving the US and officially surrendering his GC at a consulate, then you can file I-130 for him to return eventually. I wouldn't advise going that route.

But if we're talking about just getting a new card, he can apply for renewal. Forcible revocation of his status is highly unlikely as a result of applying for renewal, given that they didn't attempt revocation after his naturalization attempt, and GC renewal involves less scrutiny than naturalization. And if it's indeed true that his priority date was current for married sons of USC when he got married and immigrated, that makes revocation even more unlikely or maybe impossible.
 
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Thanx again. I think we should go with GC renewal because either case we end up with green card and there is less risk involved in renewal. Whenever we apply for CZ the moral character issue will come up. I made an appointment with the lawyer for next week and see what he says about it. If anyone knows a good lawyer in DC/VA could you please PM me. Thanx a lot.
 
We have same case

My husband case is similar. He filed for CZ and he got two times inquiry. His case is with Fraud detection so we are very sure his application will be denied. But I think he will get his GC. His GC is getting expired in 2014. Can he make his renewal.

Your last post is in Feb 2012. I would like to know did you aply for GC renewal? what was the result? Did your husband went to International destination after that?

I would appreciate your reply.
 
I do not understand. Lack of moral character means he did something wrong. Just being married and entering US without being asked about family status is not lack of moral character.
So, he applied with I-130 for you and put correct date of marriage? Before his entering on his immigrant visa?
How did you get your GC? Through employment? Or through his I-130?
 
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