Asylee naturalization - need help or guidance

F

Fin

Registered Users (C)
Hi guys,
Last year, I applied for naturalization after 4 years of GC (backdated by 1 year). Finally I had my interview a couple of weeks ago which didn’t seem to go well. I have a clean record, no COP travel, no passport renewal (used only RP/RTD), no false citizenship claim, paid taxes etc. Still as soon as I walked in, the officer swore me in and started questioning about asylum. I have taken anti anxiety medications for trauma for several years so my memory of past is blurry but I know my story decently well. But he started focusing on places and dates and I ended up misstating them. On being challenged I explained that I am not purposely Mis characterizing but it’s honest memory lapse and I’m a trauma survivor and psychotherapy evaluation is on the record. He kept saying everything is under oath blah blah. Then I passed the history test and he said the decision cannot be made. This whole experience was very traumatizing.

I’m dead worried now about my future. What do you think will happen? I read many Asylee experiences but none of them seemed like this. I asked a lawyer and he said we have to patiently wait and see what they say. Any experts chime in, please? Can I be denied for this “lies” and deported? It just seems like for us Asylees this never goes away.
 
Which office did you get this experience?
Was your asylum 'affirmative grant' or granted by an Immigration Judge?

Typically, citizenship officers are not supposed to 're-prosecute' a case. Even if that is the case, they are still allowed to ask you about everything under the sun...it is up to their discretion what they ask. The best you can do in these cases it to show up at the interview with all your ducks in a row.

IJ granted cases are not typically re-opened at citizenship hearing. When the IJ grants relief, he/she usually asks the government: Do you want to appeal? Even if the government wants to appeal, they have 30 days or so to file their appeal. In a manner of speaking, by asking asylum related questions about your case, the citizenship officer was sort of 'appealing' the case that was approved five years earlier. This is equivalent to 'malicious' prosecution. I think this is also applicable when your case was an 'affirmative grant.'

My assessment is that the officer cannot deny your citizenship application because you 'can't remember asylum case dates'. I don't think their manual has that provision. He will have to claim that you lied, but lying in this case only applies to the citizenship application, which you didn't. Officers are not known for doing such malicious assessment. My view that despite what he/she said, your case will be approved.

On the other had, everyone going for naturalization should take your experience into account: be fully aware of the basics of your old asylum case.

Thank you @Fin for sharing your experience. Good luck, and do share with us the eventual outcome of your case.
 
Fin said:
Hi guys,
Last year, I applied for naturalization after 4 years of GC (backdated by 1 year). Finally I had my interview a couple of weeks ago which didn’t seem to go well. I have a clean record, no COP travel, no passport renewal (used only RP/RTD), no false citizenship claim, paid taxes etc. Still as soon as I walked in, the officer swore me in and started questioning about asylum. I have taken anti anxiety medications for trauma for several years so my memory of past is blurry but I know my story decently well. But he started focusing on places and dates and I ended up misstating them. On being challenged I explained that I am not purposely Mis characterizing but it’s honest memory lapse and I’m a trauma survivor and psychotherapy evaluation is on the record. He kept saying everything is under oath blah blah. Then I passed the history test and he said the decision cannot be made. This whole experience was very traumatizing.

I’m dead worried now about my future. What do you think will happen? I read many Asylee experiences but none of them seemed like this. I asked a lawyer and he said we have to patiently wait and see what they say. Any experts chime in, please? Can I be denied for this “lies” and deported? It just seems like for us Asylees this never goes away.
Click to expand...
Thank you for sharing this. I think you will get your citizenship application approved. Please keep us updated if something came up.
 
Hey folks,
Sorry I logged in after a long time. Nothing to do during the corona lockdown haha.

Yes, my citizenship got approved but it wasn’t straightforward. I had to file a lawsuit under 1447b last May since they never gave me any decision for 4 months. After receiving the summons, they tried to call me again for an interview but I refused since I didn’t want the same bullshit to repeat again. As per the law, the 2nd interview has to be conducted within 120 days. Also once the lawsuit is filed USCIS loses jurisdiction to adjudicate and only the judge can do it. During the preliminary hearing, the judge asked the US attorney the reason for the delay, the reason for a 2nd interview and what the hold up is. I had attached all exhibits to prove that I qualify for citizenship as per 8 CFR 316.2. The regulations do not need any confirmation or readjudication of prior petitions, merely that one is a permanent resident for 5 years. The US attorney kind of saw that this wasnt going their way and said that the USCIS was willing to approve the petition. We stipulated the case and I was naturalized in a few days. To be honest I did not know about this until I sat down and researched all the case laws pertaining to naturalization. When I posted the first message I was worried, after my research I was pissed that the ignorant USCIS bureaucrat went beyond his authority.

7of9, you are right that the IJ approved cases cannot be readjudicated by USCIS, they can only refer you back to the IJ where they have to prove with a clear and convincing evidence that the applicant did not qualify for asylum based on some new evidence. The burden of proof now shifts to the government. However, this has to be done before the green card generally speaking. Once you have a green card, they have to start recission proceedings where again the burden is on them. Long story short, it’s not easy to take away the grant of asylum or a green card unless they can prove beyond doubt that the applicant lied or something.
Even though this is the law, USCIS officers don’t know this because the so called officer is usually a bureaucrat with an associate degree or some liberal arts degree. They have no understanding of statutes and federal case laws. But they go on a power trip since most immigrants merely submit to their whims and fancies. When you file a lawsuit, the whole thing falls apart. These days they seem to be asking more probing questions thinking that they are doing extreme vetting. I would highly advise asylees to refuse to answer any such questions - do not provide unnecessary testimony that will come back and bite you in the ass. Such questions have nothing to do with the qualifications for citizenship which are listed under 8 CFR 316.2. If you aren’t comfortable to stop their line of questioning or have any issues such as arrests etc, please take a lawyer. This administration is prejudiced against Asylum so do not take a chance. And no - they cannot and should not ask you anything under the sun. That’s a false notion. The purpose of the interview is establish your eligibility for citizenship which is listed under INA 316. They can only ask questions pertaining to that. The asylum case that was granted by the IJ is now res judicata

Good luck to all ex Asylees who are looking to naturalize.
 
Last edited:
Fin said:
Hey folks,
Sorry I logged in after a long time. Nothing to do during the corona lockdown haha.

Yes, my citizenship got approved but it wasn’t straightforward. I had to file a lawsuit under 1447b last May since they never gave me any decision for 4 months. After receiving the summons, they tried to call me again for an interview but I refused since I didn’t want the same bullshit to repeat again. As per the law, the 2nd interview has to be conducted within 120 days. Also once the lawsuit is filed USCIS loses jurisdiction to adjudicate and only the judge can do it. During the preliminary hearing, the judge asked the US attorney the reason for the delay, the reason for a 2nd interview and what the hold up is. I had attached all exhibits to prove that I qualify for citizenship as per 8 CFR 316.2. The regulations do not need any confirmation or readjudication of prior petitions, merely that one is a permanent resident for 5 years. The US attorney kind of saw that this wasnt going their way and said that the USCIS was willing to approve the petition. We stipulated the case and I was naturalized in a few days. To be honest I did not know about this until I sat down and researched all the case laws pertaining to naturalization. When I posted the first message I was worried, after my research I was pissed that the ignorant USCIS bureaucrat went beyond his authority.

7of9, you are right that the IJ approved cases cannot be readjudicated by USCIS, they can only refer you back to the IJ where they have to prove with a clear and convincing evidence that the applicant did not qualify for asylum based on some new evidence. The burden of proof now shifts to the government. However, this has to be done before the green card generally speaking. Once you have a green card, they have to start recission proceedings where again the burden is on them. Long story short, it’s not easy to take away the grant of asylum or a green card unless they can prove beyond doubt that the applicant lied or something.
Even though this is the law, USCIS officers don’t know this because the so called officer is usually a bureaucrat with an associate degree or some liberal arts degree. They have no understanding of statutes and federal case laws. But they go on a power trip since most immigrants merely submit to their whims and fancies. When you file a lawsuit, the whole thing falls apart. These days they seem to be asking more probing questions thinking that they are doing extreme vetting. I would highly advise asylees to refuse to answer any such questions - do not provide unnecessary testimony that will come back and bite you in the ass. Such questions have nothing to do with the qualifications for citizenship which are listed under 8 CFR 316.2. If you aren’t comfortable to stop their line of questioning or have any issues such as arrests etc, please take a lawyer. This administration is prejudiced against Asylum so do not take a chance. And no - they cannot and should not ask you anything under the sun. That’s a false notion. The purpose of the interview is establish your eligibility for citizenship which is listed under INA 316. They can only ask questions pertaining to that. The asylum case that was granted by the IJ is now res judicata

Good luck to all ex Asylees who are looking to naturalize.
Click to expand...
Thank you for all this helpful info.
 
Fin said:
Hey folks,
Sorry I logged in after a long time. Nothing to do during the corona lockdown haha.

Yes, my citizenship got approved but it wasn’t straightforward. I had to file a lawsuit under 1447b last May since they never gave me any decision for 4 months. After receiving the summons, they tried to call me again for an interview but I refused since I didn’t want the same bullshit to repeat again. As per the law, the 2nd interview has to be conducted within 120 days. Also once the lawsuit is filed USCIS loses jurisdiction to adjudicate and only the judge can do it. During the preliminary hearing, the judge asked the US attorney the reason for the delay, the reason for a 2nd interview and what the hold up is. I had attached all exhibits to prove that I qualify for citizenship as per 8 CFR 316.2. The regulations do not need any confirmation or readjudication of prior petitions, merely that one is a permanent resident for 5 years. The US attorney kind of saw that this wasnt going their way and said that the USCIS was willing to approve the petition. We stipulated the case and I was naturalized in a few days. To be honest I did not know about this until I sat down and researched all the case laws pertaining to naturalization. When I posted the first message I was worried, after my research I was pissed that the ignorant USCIS bureaucrat went beyond his authority.

7of9, you are right that the IJ approved cases cannot be readjudicated by USCIS, they can only refer you back to the IJ where they have to prove with a clear and convincing evidence that the applicant did not qualify for asylum based on some new evidence. The burden of proof now shifts to the government. However, this has to be done before the green card generally speaking. Once you have a green card, they have to start recission proceedings where again the burden is on them. Long story short, it’s not easy to take away the grant of asylum or a green card unless they can prove beyond doubt that the applicant lied or something.
Even though this is the law, USCIS officers don’t know this because the so called officer is usually a bureaucrat with an associate degree or some liberal arts degree. They have no understanding of statutes and federal case laws. But they go on a power trip since most immigrants merely submit to their whims and fancies. When you file a lawsuit, the whole thing falls apart. These days they seem to be asking more probing questions thinking that they are doing extreme vetting. I would highly advise asylees to refuse to answer any such questions - do not provide unnecessary testimony that will come back and bite you in the ass. Such questions have nothing to do with the qualifications for citizenship which are listed under 8 CFR 316.2. If you aren’t comfortable to stop their line of questioning or have any issues such as arrests etc, please take a lawyer. This administration is prejudiced against Asylum so do not take a chance. And no - they cannot and should not ask you anything under the sun. That’s a false notion. The purpose of the interview is establish your eligibility for citizenship which is listed under INA 316. They can only ask questions pertaining to that. The asylum case that was granted by the IJ is now res judicata

Good luck to all ex Asylees who are looking to naturalize.
Click to expand...
Glad you were approved and that you filed the lawsuit.

Correct, officers are 'gestapo' drones, asking questions outside their jurisdiction so that they feel important.
 
You must log in or register to reply here.
Top