N400 Denial due to unlawfully admitted to US for permanent Residency

R

rominakm

New Member
Hi, I applied for my N400 last year. Passed my citizenship exam. Then got a denial letter saying
The record shows that pursuant to Section 203(a)(1), on July 31, 200, the date you became a permanent resident, you were, in fact, inadmissible
because visas in the F1-6 category were not available on that date, thus the approval was invalid, and you are not a legal permanent resident.
My permanent residency was obtained in Kansas City, and I applied for Naturalization in South Florida.
The question, I have the immigration officers made the mistake of giving me the green card the day visas were not available.
I got my permanent residency through my mom and all my documents were provided and accepted. How can I appeal this case. My denial letter was on Sept 28th, 2011.
Do I have to go to federal court for this? I am also pass the 120 days appeal period. Please advice. How should I proceed? Will I have to reapply for my green card even though it's a valid green card?
 
First you need to establish whether you were indeed eligible for the green card when it was approved. If your green card was approved by mistake, your naturalization can be denied for that reason.

When did you become a permanent resident? You omitted the last digit of the year. Was it in the F1 category as the letter stated (Over-21 unmarried sons and daughters of US citizens)? What was the priority date of the I-130? Were you unmarried? Were you born in Mexico or the Philippines?
 
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rominakm said:
Hi, I applied for my N400 last year. Passed my citizenship exam. Then got a denial letter saying
The record shows that pursuant to Section 203(a)(1), on July 31, 200, the date you became a permanent resident, you were, in fact, inadmissible
because visas in the F1-6 category were not available on that date, thus the approval was invalid, and you are not a legal permanent resident.
My permanent residency was obtained in Kansas City, and I applied for Naturalization in South Florida.
The question, I have the immigration officers made the mistake of giving me the green card the day visas were not available.
I got my permanent residency through my mom and all my documents were provided and accepted. How can I appeal this case. My denial letter was on Sept 28th, 2011.
Do I have to go to federal court for this? I am also pass the 120 days appeal period. Please advice. How should I proceed? Will I have to reapply for my green card even though it's a valid green card?
Click to expand...

If you were granted permanent residency by mistake or if you were not eligible for the permanent residency when it was granted then it will be revoked regardless of USCIS having made the mistake previously by granting your application for the permanent residency. Forget about the naturalization because right now USCIS might have initiated the removal proceeding against you by revoking your permanent residency. This is consequence people should weigh before contemplating to file for naturalization. Some people with chime in here with some cases and laws to make you ease by saying this and that, but the truth is- your permanent residency will be revoked if you were not eligible for it. You can appeal or contest your deportation but if you were not eligible for the permanent residency, there is nothing anyone could do. However, immigration judge might grant you permanent residency during the removal proceeding if you will be eligible for such relief. Try to get best trial immigration lawyer who is specialize in removal cases. Good luck.
 
My permanent resident was not granted by mistake. I became a resident in the year 2006. I am born in Venezuela. I-130 Priority Date was Feb 5, 2001.
I got all the paperwork that my green card was not granted by mistake.
 
Rominakm, were you married or single when you got your GC through your mom? This is important, because if your mom filed a petition for you as an unmarried child, but indeed you were married, they consider such cases as fraud... In some cases they still give GC, but at the naturalization they find out the mistake.
 
rominakm said:
My permanent resident was not granted by mistake. I became a resident in the year 2006. I am born in Venezuela. I-130 Priority Date was Feb 5, 2001.
I got all the paperwork that my green card was not granted by mistake.
Click to expand...

The visa bulletin says the cutoff date for the F1 category in July 2006 was Jan. 1, 2000. http://www.travel.state.gov/visa/bulletin/bulletin_2943.html

Your 2001 priority date obviously was after the 1/1/2000 cutoff, so your green card was approved by mistake. There is no use in appealing the naturalization denial. All you can do now is hope that they don't try to revoke your green card.

But it's interesting that your priority date would have been current for the June 2006 visa bulletin. http://www.travel.state.gov/visa/bulletin/bulletin_2924.html
You appear to be the victim of some delayed paperwork by USCIS or the consulate, who picked up your case in June 2006 for final processing but then didn't complete everything until July, forgetting about the backward movement of the visa bulletin.
 
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rominakm said:
My permanent resident was not granted by mistake. I became a resident in the year 2006. I am born in Venezuela. I-130 Priority Date was Feb 5, 2001. I got all the paperwork that my green card was not granted by mistake.
Click to expand...

On one side you say that you have all the paperwork to prove that your green card was not granted by mistake, but then on other side you have yourself admitted by writing this-" I have the immigration officers made the mistake of giving me the green card the day visas were not available" wherein you have specifically stated that immigration officer made the mistake of giving you the green card. I think you wanted to say that you did not make any mistake; rather immigration officer made the mistake when s/he granted you permanent residency on the day when visa was not available for you. Nevertheless, you don't seem to understand that it doesn't matter who and when mistake was made, the bottom line is- if you were not eligible to obtain the permanent residency on the day when it was granted to you, US govt. will take that right away from you and will correct their previous mistake. Do you expect them to make another mistake by allowing you to keep your permanent residency especially after knowing that they made mistake by granting you it at first place?? There is no statue of limitation which prevents govt. to strip an alien off from the immigration benefit when benefit is granted by mistake or obtained by fraud or concealment of a material fact.

Rather than wasting your time over here and arguing which will not get you anywhere in this complicated situation, you should pour all of your energy, time and efforts in looking for an immigration trial attorney specializing in removal/deportation cases because within 8-12 weeks you will find yourself in a removal proceeding. Good luck.
 
RogerE said:
b) If the lawyer had done it correctly by sticking to the original PD by updating my mom's status, how long would it take & would I still be able to file I-485 as of MAR05 or later depending on how quickly my I-130 was updated to USC by USCIS??
Click to expand...
You could have filed the I-485 in March 2005, which then would have taken the same amount of time that I-485s without intervening retrogression were taking back then (around 6-8 months), so you probably would have gotten your green card before the end of 2005.
 
I have the same reason N400 was denied, can anyone urgent to provide me some advice for me ! Sincerely appreciated for it .


1985 -- came to US with B2 visa

1994 --siste applied 130 for me

1995 --130 approved with pending petition for 10 years.

2002 - I reported myself in the INS after 911 per the news from the TV to show good moral character under INA101. INS ordered me to remove from US. Released with immigration bond.

2002 --2006: In immigration court .

2006 Nov. -- Proceeding was administratively closed and visa was current. I didn't remember why I couldn't file 485 with court at that time .

2010 -- new lawyer --have my 485 granted by EOIR under CFR Section 1245.2 and green card was received after the grant .

2015 --apply N400 was denied due to USCIS said I was placed in removal proceedings before an immigration judge (EOIR) in 2002. USCIS stated that And 2006, my proceeding was only administratively closed , not terminated , so I was not lawfully admitted to the US for permanent residence. Even judge terminated the proceeding after receive the intend to deny letter in Feb 2016, USCIS stated the proceeding was terminated after 2010 when judge was granted my 485, but USCIS didn't have the authority to grant permanent residence at that time when judge was granted.



What I can do now , urgent need help to figure out what is wrong here and how to fix it .

Really appreciated for your help at your earliest convenience !


Thank you
 
breeze123 said:
I have the same reason N400 was denied, can anyone urgent to provide me some advice for me ! Sincerely appreciated for it .


1985 -- came to US with B2 visa

1994 --siste applied 130 for me

1995 --130 approved with pending petition for 10 years.

2002 - I reported myself in the INS after 911 per the news from the TV to show good moral character under INA101. INS ordered me to remove from US. Released with immigration bond.

2002 --2006: In immigration court .

2006 Nov. -- Proceeding was administratively closed and visa was current. I didn't remember why I couldn't file 485 with court at that time .

2010 -- new lawyer --have my 485 granted by EOIR under CFR Section 1245.2 and green card was received after the grant .

2015 --apply N400 was denied due to USCIS said I was placed in removal proceedings before an immigration judge (EOIR) in 2002. USCIS stated that And 2006, my proceeding was only administratively closed , not terminated , so I was not lawfully admitted to the US for permanent residence. Even judge terminated the proceeding after receive the intend to deny letter in Feb 2016, USCIS stated the proceeding was terminated after 2010 when judge was granted my 485, but USCIS didn't have the authority to grant permanent residence at that time when judge was granted.



What I can do now , urgent need help to figure out what is wrong here and how to fix it .

Really appreciated for your help at your earliest convenience !


Thank you
Click to expand...
Hi Breez and Romina. I'd like to know what finally happened? Any good news anyway?
 
rominakm said:
Hi, I applied for my N400 last year. Passed my citizenship exam. Then got a denial letter saying
The record shows that pursuant to Section 203(a)(1), on July 31, 200, the date you became a permanent resident, you were, in fact, inadmissible
because visas in the F1-6 category were not available on that date, thus the approval was invalid, and you are not a legal permanent resident.
My permanent residency was obtained in Kansas City, and I applied for Naturalization in South Florida.
The question, I have the immigration officers made the mistake of giving me the green card the day visas were not available.
I got my permanent residency through my mom and all my documents were provided and accepted. How can I appeal this case. My denial letter was on Sept 28th, 2011.
Do I have to go to federal court for this? I am also pass the 120 days appeal period. Please advice. How should I proceed? Will I have to reapply for my green card even though it's a valid green card?
Click to expand...
Hi can you please tell me the outcome of your case?
Thanks
 
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