Second Time trying N-400..Please help

M

mandingoman34

Registered Users (C)
Here is a quick look at my case,
I got my GC through marriage back in 1996. Had issues with then wife ....Got serve with paper..contact wife to stop proceding..went to court together to stop divorse.. before filing to remove conditional status, divorce was pronounced without my knowledge...I though the divorse was stop, but she went alone with it behind my back..Nonetheless, we filed to removed conditional status..and it was removed.
In 2005, I apply for citizenship and it will denied base on the fact that I was suppose to file a waiver..
I was asked to wait five years before applying again...
Now in 2010, the five years are up..and I am preparing again to file for my citizenship..
FYI..I have been married to my current wife whom is a USC since 2004..
My first GC expired in 2009 and I apply to renew it after FP..I just received another 10 year new GC.
What are my chances of getting it this time?
Can they revoke my green card? and deport me base on the fact of my conditional removal issue?
Do I need a lawyer?
Please advise..I am ready to send my package in but I am loosing sleep..
Thank you for your time
 
The divorce was finale a month or two before she went along with me to fill out the removal application..At the time, I did not know I was divorce ..I found out about it after my conditional residency was removed...
Therefore, I did not notify the USCIS
Thanks for your imput
 
What waiver did they previously ask you to file?
If they wanted to revoke your GC they would have done so at renewal.
 
Thank you for your time..
They did not ask me to file any waiver..I was just saying that if I knew that she went along with the divorce..in other words, If I knew I was divorce, at the time, I was just going to file for a waiver..
 
You right, they could have revoke it at renewal..Now do you think I need a lawyer for this..they want to charge me between 2500 to 3500 dollars..
 
mandingoman34 said:
Thank you for your time..
They did not ask me to file any waiver..I was just saying that if I knew that she went along with the divorce..in other words, If I knew I was divorce, at the time, I was just going to file for a waiver..
Click to expand...
In your original post, you mentioned your denial in 2005 was due to the fact that you were supposed to file a waiver. Are you referring to a letter that states you weren't aware of divorce and that original marriage was entered in good faith?
 
No sir..there was no such letter...But in my denied decision, they state that I was not a LPR for the past five years before appying in 2005..due to the fact that my marriage ended because the removal of conditional residency..
The letter also state that I have to wait after years after my interview date in 2005 to apply again...Now here 2010
 
mandingoman34 said:
No sir..there was no such letter...But in my denied decision, they state that I was not a LPR for the past five years before appying in 2005..due to the fact that my marriage ended because the removal of conditional residency..
The letter also state that I have to wait after years after my interview date in 2005 to apply again...Now here 2010
Click to expand...
So to clarify..you got your original GC in 1999, filed for naturalization in 2005 but they denied you since you weren't a LPR for at least 5 years??
 
Seems like they're saying he lost LPR status since the expiration of the conditional card, as a result of filing the I-751 without a waiver. The funny thing is that the I-751 apparently was filed jointly even though the wife knew about the divorce.

USCIS didn't bother pursuing revocation of the GC, apparently because of the difficulty of revoking it after it's been held for 5 years. But it's easy to deny naturalization, so that's what they did.
 
Last edited by a moderator:
Timeline..
Interview in dec 1996...received conditional GC
conditional remove in or around 08/1998
Divorse final 06/1998
Apply for citizenship 06/2004
Citizenship Interview in March 2005
Denied letter in april 2005..
Thanks for your imput guys..I have been in this country since 1990..and my current wife is a USC..I have ..Your imput is appreciated..
 
Bobsmyth said:
So to clarify..you got your original GC in 1999, filed for naturalization in 2005 but they denied you since you weren't a LPR for at least 5 years??
Click to expand...
Mr Bobsmyth
I have fulfilled the 5 years requirement..when I apply in 2005..but they had a problem with how my CR got remove for the fact that I was divorced before the join removal with my former wife
 
Jackolantern said:
Seems like they're saying he lost LPR status since the expiration of the conditional card, as a result of filing the I-751 without a waiver. The funny thing is that the I-751 apparently was filed jointly even though the wife knew about the divorce.
You are right sir
USCIS didn't bother pursuing revocation of the GC, apparently because of the difficulty of revoking it after it's been held for 5 years. But it's easy to deny naturalization, so that's what they did.
Click to expand...
What do you think about reaplying..and do you think I need a lawyer..thank you for your reply
 
The denial letter stated you can reapply again in 5 years time so it shouldn't be an issue. No need to hire a lawyer as it is pretty much a straight forward case.
 
Bobsmyth said:
The denial letter stated you can reapply again in 5 years time so it shouldn't be an issue. No need to hire a lawyer as it is pretty much a straight forward case.
Click to expand...

You know I am losing sleep about this..I have been here for 20 years..good job and family..and too much to lose.....I don't mind if they denied it again..but my fear is I don't them to start revocation of my green card..and then deportation....what do you think??
Thank you for your time..
My package is ready to go in the mail
 
mandingoman34 said:
You know I am losing sleep about this..I have been here for 20 years..good job and family..and too much to lose.....I don't mind if they denied it again..but my fear is I don't them to start revocation of my green card..and then deportation....what do you think??
Thank you for your time..
My package is ready to go in the mail
Click to expand...

They wouldn't just go ahead and revoke and start deportation proceedings. I assume your original marriage was in good faith and you have since renewed your GC and previously applied for naturalization. Had they wanted to revoke your GC and deport you they would have done so already.
 
mandingoman34 said:
Here is a quick look at my case,

In 2005, I apply for citizenship and it will denied base on the fact that I was suppose to file a waiver..
I was asked to wait five years before applying again...



What is the exact wording of the letter?? If it says you wait and apply again, you have a clear case. No need of any lawyer . Just apply and you will be through.
Click to expand...
 
madh4 said:
mandingoman34 said:
Here is a quick look at my case,

In 2005, I apply for citizenship and it will denied base on the fact that I was suppose to file a waiver..
I was asked to wait five years before applying again...



What is the exact wording of the letter?? If it says you wait and apply again, you have a clear case. No need of any lawyer . Just apply and you will be through.
Click to expand...

Here is the wording of the letter..
"The record reflets that were granted conditional permanent residense status on dec 06..base upon your mariage..You filed a
petition to remove the condition form i-751 in 1998..You filed this petition with jointly with your wife..
On the petition you listed both of you living at the same address..the petition was approved on Oct 1998."

"On your March 2005 interview concerning your naturalization application, you submitted evidence that you were divorce..As
such, you were divorsed prior to the filling and aproval of your petition to remove the conditions on residense.
Therefore,, you were not lawfully admitted to the USA for permanent residence...
Thus , you failed to demonstrate eligibility for naturalization under section 316(a) of the act..

"Accordingly, for the reason set forth above, the application may not be approved and hereby is denied..The statute
requires that the applicant establish that they have maintained good moral character during the statutory period preceding
the administration of the oath of allegiane..
This requirement bars your eligibility for citizenship in the USA until you have demonstrated good moral character for five
years after your March 2005 interview..."

Thank you for your opinion..
Click to expand...
 
So the denial basically states you were never a LPR and lack GMC, and are thus barred from reapplying again until 5 years after your interview? This doesn't make much sense since you still aren't a LPR 5 years after initial interview if you were never one to begin with.
 
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