Questions about my wife's case

[chicagoVC]

I am going to apply for my wife's GC. I became a citizen recently. Her case is bit complicated.

1. She is F1 out of status.
2. An agent told her that she can apply GC on CSPA because she is a Chinese student. She believed the agent. The case was denied.

Now, do these factors cause the case to be denied again?

Thanks.

 

[Al Southner]

I am going to apply for my wife's GC. I became a citizen recently. Her case is bit complicated.

1. She is F1 out of status.
2. An agent told her that she can apply GC on CSPA because she is a Chinese student. She believed the agent. The case was denied.

Now, do these factors cause the case to be denied again?

Thanks.

We don't know if that denial can cause problems. However, USCIS would be interested in this petition, to assess if this marriage is for real or for greencard. Just apply and prove the your marriage is bona fide...

 

[chicagoVC]

Thanks Al.
She case was denied simply saying she does not have ground to apply for that. Now do you think I will need a lawyer, or I can do it by myself.

 

[thomas_psu]

She case was denied simply saying she does not have ground to apply for that. Now do you think I will need a lawyer, or I can do it by myself.

You should be able to apply yourself. With the I-485 application, include a letter detailing her previous application and the reasons for the denial.

 

[chicagoVC]

Thanks Thomas.

 

[chicagoVC]

Al, Thomas, and others, should I say "yes" on I485 to the question like if you ever cheated the authorization to gain immigration benefit? Thanks

 

[Al Southner]

Al, Thomas, and others, should I say "yes" on I485 to the question like if you ever cheated the authorization to gain immigration benefit? Thanks

No. Don't ever check that box with a YES. It will likely torpedo your AoS application. She filed for the greencard due to misleading information from another person, she never committed any crime by filing for the greencard. She should check NO. Again, she should check NO.

Again, she never cheated to gain any immigration benefits. For example, I can file for US citizenship now, I am not eligile for US citizenship, what will happen is that USCIS will review the application and reject it because I have no basis to apply for US citizenship. If I apply years down the line cause I am eligible, I can only check "have you ever applied for US citizenship" if such a question exist, would check YES. It is not fraud to apply for something you believe you have a right to apply for, only to be told. sorry...you are NOT eligible.



Good luck and enjoy your wife...

 

[thomas_psu]

No. Don't ever check that box with a YES. She should check NO. Again, she should check NO.

Don't even think about checking that box as a YES. That would mean your application is closed! All she did was apply for a benefit which she was not eligible, end of story.

 

[chicagoVC]

Thanks so much Al and Thomas. God bless you all!

 

[Concerned4us]

You should consult with an attorney and have the papers reviewed by him/her before filing.