Any cases where Citizenship was denied after passing interview

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pathenry

Registered Users (C)
Hi,

I have passed the interview but there were questions during the interview about my leaving my sponsoring employer within 3 months of receiving my GC. I did give the DO the layoff/termination letter from my sponsoring employer, however he also asked for that year's tax return which I did not have. My concern now is whether they may try to prove that either I or my sponsoring employer did not have the intent to keep me permanently employed and thus invalidate my GC and/or deny my Citizenship on these grounds. Even though this was clearly out of my control. Later I did find that year's tax return which also showed that I had collected unemployment from EDD for two weeks before I found a position working as an independent contractor with another company on a 1099.

Have there been any cases on this portal where the citizenship has been denied after passing the interview and/or based on a similar situation as mine above? The 90 day period told to me to get my Oath letter seems to indicate that there is further adjudication that needs to be done and that passing the interview does not necessarily mean that the citizenship is in the bag. Is there some validity to my concerns or am I being overly stressed out by this situation. I appreciate your input's to all my questions.

Thanks.
 
You seem to be worrying needlessly. There was a clear and valid reason for your departure from that company and have proof to boot.

What does it exactly say on your N-652?

"A) Congratulations...." or "B) A decision cannot be made...."

If it is indeed A) then you have to just wait for 90 days (truly an arbitrary number).
 
I don't remember seeing here such a negative outcome. It could be theoretically possible, but I haven't seen it and you'll probably be fine.
 
Thanks for your responses. I guess you guys are right and that I may be worrying needlessly. Tak, you are right in that if they had any intent to deny or wanted further adjusdication they would have checked the "Cannot make a decision..." instead of checking the "Congratulations..." checkbox on my N652.

Thanks, it is a relief to hear this. The 90 days as you mention may just be an arbitrary number.
 
Yes there are many cases people have been denied and also deported from the interview. I don't know about your case, but to answer the question yes anything is possible and does happen from time to time. If they requested additional information, they if you gave that to them (espeically your taxes) then it probably will be ok. If not, they easily could deny you...
 
Thanks Warlord. You mention that people have been deported from the interview. In my case I have already recived the notification (N652) that I have passed my interview. My attorney also confirmed that this should not be a problem in my case as the situation was out of my control.

You also mention that many people from time to time have had such experiences? Do you know of anyone who has? What was the reason in their case? Was it anyone on this portal?

Appreciate your input.
 
Well if you passed the interview then there would be no further questions. If they wanted you to submit in further documents after your interview then its is not 100% completed yet until they get that information and recommend you for your oath.

So re-reading your thing, it looks like they didn't require you to re-submit any documents which in that case you are generally ok. I was thinking they wanted you to send in more information.

So if this is the case that they don't need anymore information from you then yes your interview is done and they will recommed you for the oath. Remember that's 'recommend'. That does not mean 100% you will get the oath. They will review your case after the interview and if they see something off, they may require you to re-submit some information.

People have been pulled out of the oath ceremony as well. When I had mine I didn't see any, but some of the people I was talking to had been at friends oath ceremonies and some people had been escorted out. So until you get your Naturalization Cert, anything is possible and yes they can seek further information from you or even deny you.

You're case doesn't seem like it's cause for anything like that, so I wouldn't worry at all. Even so, you stated you did find your tax for that year, so you'd just have to show that if worst came to worst. I wouldn't worry about anything if I were you...
 
Hi Pathenry,

My situation is similar to yours. Wonder if you mind my asking some questions re your interview.

1. When did you get your gc? Was it 5 years ago or longer?
2. Tax returns- Did you bring all 5 years of returns or none? What doc did you bring w2 or copy of 1040? (Gurus, please feel free to advise on this.)

Thanks in advance!
 
warlord said:
Yes there are many cases people have been denied and also deported from the interview.

----------------Person can be denied citizenship and NOT deported from the Interview. If the person had GC for 5 years then to revoke GC USCIS has to go to Court and it is lengthy procedure and USCIS don’t want to waste time in the courts. The INTENT is very difficult to prove it is state of mind (intent of working 3 month or 6 month after GC with the employer) USCIS has no memo /Law for Intent
In order to determine whether the alien truthfully represented his or her intent to remain with his or her petitioning U.S. employer after receiving the green card, the USCIS uses the standard created by Seihoon v. Levy. That is, USCIS examines the “rapid course of events” following the alien’s receipt of his or her green card. The Department of State has reduced this rule to a 30-60-90 day formula which USCIS generally follows. If an alien ends employment with the petitioning employer within 30 days of receiving his/her green card, then it is highly likely that USCIS will decide that the alien’s intent at the Consulate interview was not, as he/she stated, to remain with the petitioning employer indefinitely. After 60 days have passed, it is less likely (but still risky) that USCIS will determine that the alien lied about his/her intent at the Consulate interview. And after 90 days, it is highly unlikely that USCIS will have a problem with the alien’s change of employment after 90 days (AOS or Consulate interview) .
I don't know about your case, but to answer the question yes anything is possible and does happen from time to time. If they requested additional information, they if you gave that to them (espeically your taxes) then it probably will be ok. If not, they easily could deny you...
Click to expand...

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Here are the answers

1. I got my GC 5 years ago - March 2002
2. I was able to locate my tax returns for the past 4 years i.e. from 2003 onwards. I did not have my 2002 return with me during the interview. From my experience it was clear to me that the DO wanted to look at the 2002 tax return because he wanted proof that I had worked with my Sponsoring GC employer till my lay off date (though how one can tell from the tax return beats me).

For the proof that the DO requested, I submitted the layoff/termination letter that the company had given me. Basically I told the DO that after I had returned from a month long overseas vacation I got laid off in a few days. He then checked the date of the corresponding trip and saw the date on the letter and seemed to be satisfied.

In any event, I think he if wanted more information he would not have checked the "Congratulations..." box, but would have as easily checked the "Cannot make a decision at this time..." box. I think in my case the DO may have likely been convinced that my case was genuine and out of my control and there was no intent on my part not to work with the sponsoring employer. Going with Ginnu's comments I was laid off close to 90 days after my GC approval so that is another point in my favor.
 
pathenry said:
Thanks Warlord. You mention that people have been deported from the interview. <snip>
Click to expand...

A month or two ago we had a report from someone who found themselves suddenly in removal proceedings after their interview because they admitted to having "been mislead" into registering to vote and then actually voting in several elections. Unfortunately for them, claiming to be a USC turns out to be a permanent bar to naturalization, and also an excludable crime.

I did have a quick look to see if I could find a link to the original thread, but for the moment at least, it is eluding me.
 
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