Recent content by Lafayette

Alien entered at LAX from Malaysia in 1986 on B-2. Years later marries a citizen who applied for him. I-130 approved but I-485 denied on basis that the I-94 was counterfeit. Motion to reconsider made on basis USCIS failed to follow procedure (no notice of intent to deny) and failed to specify...

Alien applied for E-1 at Consulate. Visa was issued but instead of two years the visa expires only six months from the issuance date. When alien inquired at the Consulate, an officer told him that this what they do when they issue E-1s but not to worry because he would get two years when he...

Applicant was 16 when mother naturalized... Applicant now 20 years old filed N-400. Officer says she should have filed N-600 .. Is asking for proof "that you were living in physical custody of your biological mother at time you immigrated to the US... She has the proof but does not want to lose...

Client came to US as a child as a Vietnam evacuee in 1970's. Marries citizen. Has child who is still an infant. Ready to apply for Adjustment. Reveals that 10 years ago (at age 21) he was involved with friends who stole car radios. In 1992 pleaded guilty to Class 6 felony (in AZ) under...

Thank you fellow posters for digging out those cases. What a ridiculous decision. So, there is no statute of limitations if the visa is granted at a consulate instead of adjustment here? You can be denied naturalization and removed 50 years from now if you got your status as an unmarried...

OK Thanks. I totally disagree with those esteemed courts. In my humble opinion, once the time period has elapsed within which they can revoke permanent residence, the alien is lawfully admitted. I don't believe the intent of the naturalization statute is to declare you a non-permanent...

So they can deny naturalization to her for the rest of her life? I am too lazy to dig out the statute that says they can deny naturalization if she was not eligible for the Green Card when she got it (no matter how long ago?) Do you know the cite? In my experience, Service officers often...

Just read a garbled summary of a case in USDCEDNY (Shtykova v. Holder) denying naturalization because alien was married when she got unmarried child of citizen PR. This was revealed when she applied to remove conditions from her husband residence status. Decision, among other things, says...

I thought I had replied to this last week but do not see my post. Your idea is a good one. I am itching for a legal argument with the USCIS district office but why get into it if the stepson can get naturalized so quickly. Thanks.

H1 means "husband no. 1". The mother became a permanent resident by virtue of her marriage to H1. H1 was not the father of her son. Why the son did not follow the mother (and stayed with his grandparents in Macao) at that time, I don't know... There could be many legitmate reasons... such as...

I would be happy to agree (I am confident that it is a good faith marriage) if someone would show me how that it is supported by the language of the statute. The conditional residence category was created to combat marriage fraud. To extend CR to the stepchild when the alien mother is already...

Again, thanks for looking at this. I don't know how you reach your conclusion from the languge of the statute. Relevant excerpts of Sec. 216. [8 U.S.C. 1186a] are: (a) In general.- (1) Conditional basis for status.-Notwithstanding any other provision of this Act, an alien spouse (as...

I actually am a lawyer but appreciate anyone looking at the statute since I am unsure of my opinion. For me, the key is the term "qualifying marriage". As that term is used in the statute, I believe it only defines a marriage entered into less than 24 months before the application through...

"W" obtained permanent residence through "H1". Got divorced, married US citizen "H2". H2 applied for immigration of of stepson, child of W. At the time of the adjustment interview, W was a permanent resident, not a conditional resident. However, W had been married to H2 for less than two...