Citizenship denied please help!!!

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cgonza

Registered Users (C)
I entered to USA in 1999 illegally through the border, had a TPS when my stepmother apply for my permanent residence i was 19 year old.


this is the letter i receive on 02/21/14 :(

on December 10 2005 you obtained permanent resident status through your step parent in immigrant classification IR2, unmarried child of a U.S citizen. USCIS received your form N400 on June 17 2013 and on December 5 2013 you appeared for an interview to determine your eligibility for naturalization.

During your interview and review of your record, USCIS determined that you were not lawfully admitted for permanent residence. your record reflects that you were not eligible to adjust your status to lawful permanent resident because you do not have a qualifying visa petition. your visa petition, form I130 was filed on September 16 2004. the record shows that you entered the united states without inspection during the month of August 1999. as a person who entered without inspection, you would need to meet all the conditions stipulated under INA sec 245(i) to adjust to lawful permanent residence. Your visa petition was filed after the sec 245(i)cut off date of April 30 2001. No other petitions have been found for you, consequently no evidence exist to grandfather you in under the April 30 2001 deadline.

To qualify for naturalization under INA 316, you must demonstrate that you meet all the requirements for naturalization including the requirements of having been lawfully admitted for permanent residence. You have not demonstrate that you have been lawfully admitted for permanent residence and, therefore, are ineligible for naturalization.

If you believe that you can overcome the grounds for this denial, you may summit a request for a hearing on form N336...

WHAT CAN I DO? WHAT'S GOING TO HAPPEN? PLEASE HELP!!!:confused:
 
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cgonza said:
this is the letter i receive on 02/21/14 :(

on December 10 2005 you obtained permanent resident status through your step parent in immigrant classification IR2, unmarried child of a U.S citizen. USCIS received your form N400 on June 17 2013 and on December 5 2013 you appeared for an interview to determine your eligibility for naturalization.

During your interview and review of your record, USCIS determined that you were not lawfully admitted for permanent residence. your record reflects that you were not eligible to adjust your status to lawful permanent resident because you do not have a qualifying visa petition. your visa petition, form I130 was filed on September 16 2004. the record shows that you entered the united states without inspection during the month of August 1999. as a person who entered without inspection, you would need to meet all the conditions stipulated under INA sec 245(i) to adjust to lawful permanent residence. Your visa petition was filed after the sec 245(i)cut off date of April 30 2001. No other petitions have been found for you, consequently no evidence exist to grandfather you in under the April 30 2001 deadline.

To qualify for naturalization under INA 316, you must demonstrate that you meet all the requirements for naturalization including the requirements of having been lawfully admitted for permanent residence. You have not demonstrate that you have been lawfully admitted for permanent residence and, therefore, are ineligible for naturalization.

If you believe that you can overcome the grounds for this denial, you may summit a request for a hearing on form N336...

WHAT CAN I DO? WHAT'S GOING TO HAPPEN? PLEASE HELP!!!:confused:
Click to expand...

If you want to get substantive advice here, you need to explain your situation in much more detail:


How exactly and when did you first enter the U.S.?
Is it true, as the denial notice says, that you first entered the U.S. in 1999 without inspection?

What was your status in the U.S. after the initial entry and before you adjusted status to that of an LPR in Dec 2005?
How exactly did you obtain a GC? The denial notice mentions something about a step-parent but the details are unclear. Which step-parent was it and what was your parents' immigration situation?


Note, however, that regardless of the answers to the above questions, the denial of your N-400 does not mean that you have lost your GC status. For the moment you remain an LPR and your GC status is still valid, despite the N-400 denial and despite the fact that the stated reason for that denial is that your were "not lawfully admitted for permanent residence".



The GC can only be revoked by an immigration judge if the USCIS decides to initiate the GC revocation process.

Second, as long as the original approval of your GC was not based on some fraudulent misrepresentation of facts but happened because of a USCIS error, your GC cannot be revoked now because it has been more than 5 years since your got your GC. There is a 5-year statute of limitations on GC revocation based on a USCIS error.

In any case, you do need to talk to an immigration lawyer about your situation, the sooner the better.
 
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reply

baikal3 said:
If you want to get substantive advice here, you need to explain your situation in much more detail:


How exactly and when did you first enter the U.S.?
Is it true, as the denial notice says, that you first entered the U.S. in 1999 without inspection?

What was your status in the U.S. after the initial entry and before you adjusted status to that of an LPR in Dec 2005?
How exactly did you obtain a GC? The denial notice mentions something about a step-parent but the details are unclear. Which step-parent was it and what was your parents' immigration situation?


Note, however, that regardless of the answers to the above questions, the denial of your N-400 does not mean that you have lost your GC status. For the moment you remain an LPR and your GC status is still valid, despite the N-400 denial and despite the fact that the stated reason for that denial is that your were "not lawfully admitted for permanent residence".



The GC can only be revoked by an immigration judge if the USCIS decides to initiate the GC revocation process.

Second, as long as the original approval of your GC was not based on some fraudulent misrepresentation of facts but happened because of a USCIS error, your GC cannot be revoked now because it has been more than 5 years since your got your GC. There is a 5-year statute of limitations on GC revocation based on a USCIS error.

In any case, you do need to talk to an immigration lawyer about your situation, the sooner the better.
Click to expand...

I entered to USA in 1999 illegally through the border, had a TPS when my stepmother apply for my permanent residence i was 19 year old.
 
cgonza said:
I entered to USA in 1999 illegally through the border, had a TPS when my stepmother apply for my permanent residence i was 19 year old.
Click to expand...

Was the fact that you entered the U.S. illegally in 1999 disclosed in your I-485 adjustment of status application for a green card?
 
cgonza said:
yes is true, I entered to USA in 1999 illegally through the border, had a TPS when my stepmother apply for my permanent residence i was 19 year old.
Click to expand...

But was the fact that you entered the U.S. illegally disclosed in your I-485 application?
 
Since you entered illegally in 1999, you would have needed to have an I-130 or other immigrant petition filed on your behalf before the April 2001 cutoff in order to qualify for 245(i). So if your I-130 was filed in 2004 as stated, and it is the only immigrant petition filed on your behalf, it means your green card was approved by mistake.

It's too late now for them to revoke your green card which was approved by their mistake, but they can forever deny your citizenship for this (unless you surrendered your green card and re-immigrated cleanly with a new green card).
 
cgonza said:
I am not sure. i do not have the copy of the application.
Click to expand...

Most likely you did disclose it. Part 3 of I-485 asks when you entered the U.S. and in what status, and asks for the visa number if you entered on a visa.
http://www.uscis.gov/sites/default/files/files/form/i-485.pdf
So I am assuming that the only thing you could have put there is that you entered the U.S. in 1999 without inspection.

Assuming that's the case, what Jackolantern wrote above is correct.

It appears that the USCIS approved your I-485 green card application in 2005 by mistake, and that you were not in fact eligible for adjustment of status at the time.
However, since no fraud or misrepresentation of facts was involved in your I-485 application, your GC cannot be revoked now because the 5-year statute of limitations since the erroneous I-485 approval has run out.
So, basically you can remain an LPR indefinitely.
However, unless the relevant federal law changes in the future, you'll remain permanently ineligible for naturalization since your GC status was approved in error.
 
baikal3 said:
However, unless the relevant federal law changes in the future, you'll remain permanently ineligible for naturalization since your GC status was approved in error.
Click to expand...

Permanently ineligible based on the existing GC ... but after leaving the US, surrendering the GC, and re-immigrating with an unblemished GC it would become possible to naturalize with the new GC.
 
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