I came to USA in 1991 on visit visa and overstayed as my father applied for my Green Card. Later in 2002 I got Green card through my father. But now when I applied for Citizenship it is denied by USCIS. Its says that I did not submitted the waiver (adjustment of Status) but I did submit them waiver. My lawyer says its USCIS mistake and they will give me Citizenship…I am kind of worried anyone else in same situation or please share you thoughts on this or your experiences…Thanks
Citizenship Denied Due to Waiver-Please help
- Thread starter Henry426
- Start date
Please explain your situation more precisely and clearly. Which specific waiver are you talking about? Your post was very vague and confusing.
Also, please quote the precise wording used in the USCIS denial letter of your N-400 application.
Also, please quote the precise wording used in the USCIS denial letter of your N-400 application.
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Waiver of what? Did you enter on Exchange Visitor Visa (J-1/J-2) that had a mandatory 2-year home residency requirement? If so, you must have obtained waiver from it because without it they won't approve your greencard (adjustment of status application). If this is the waiver you are talking about, submitting its copy again and filing for motion to re-open would help. You have a lawyer; so I am sure he knows the process. Good luck.
I assume you are referring to waiver of admissibility (I-601). Did you submit it with your permanent residency application? Do you have any records or copies of the waiver?
Triple Citizen
Registered Users (C)
Triple Citizen
Registered Users (C)
All forum posters are legally incompetent to shell advice as well. What is the greater risk for the OP? 
Jackolantern
Registered Users (C)
Lawyers are not to be trusted. If you have to hire one, then hire one and hope for the best, but "trust" should not be given to them. Many lawyers have messed up people's lives because the people blindly trusted them without asking questions or second-guessing them.
Neither are anonymous forum members to be trusted.
Don't you guys love it when a poster starts a thread on his first message in the board, asks an unintelligible question and then never comes back to clarify the issue. At the very least it makes it look like the poster is not in any urgency to get an answer. My best guess is that when INS/USCIS gave him the Green Card it did by giving him a waiver for his out of status time. Perhaps that's what USCIS wants to see, the waiver. The risk here is that if that waiver doesn't exist they might unravel the whole thing and not only not naturalized him but strip him of his permanent resident status. Of course, the original poster says that he submitted the waiver and the lawyer seems to agree. So, if the waiver exists it seems problem solved. Anyway, I am guessing a lot here, as the message is not completely clear. For example, did they ask for that document before the denial. Does this mean that USCIS didn't get the document, or misplaced it?
Oh yes, and with the word DENIED in the title, it's like a bait that no one can resist, only to be left hanging
FriscoDude
Registered Users (C)
Oh yes, and with the word DENIED in the title, it's like a bait that no one can resist, only to be left hanging
LOL I couldn't agree more....