GC Obtained After Divorce - Now N400 Denied. Should I Start Packing?

M

Moneer81

Registered Users (C)
Hello,

So here is a quick background:

- In 2004 I entered into a good-faith marriage with ex-wife. Applied for AOS. Everything went smooth. We were interviewed a few months later and it was a piece of cake. Immigration officer said to expect GC in the mail a couple of weeks later.

- GC never came as I got stuck in the backlog of the name check process. For a couple of years, I had no idea what my status was. Only useful advice from USCIS was to wait.

- In 2006, after two years of the agony of not knowing what is going on, I come back from 2-week out-of-town trip and wife confronts me about her other man and tells me she wants to be with him.

- October 2006, I file for divorce and end our 2+ year marriage. I contact USCIS. I explain my situation. I am thinking about withdrawing my application or updating it saying that I am no longer married, but agent tells me that I can just wait.

- September 2007, 10-year GC shows up in the mail (never received a conditional GC).

- 2012/2013: I file my N400 and I am denied. The reason is that I haven't met my "lawful entry to permanent resident" since on 2007 (when I got my GC and my ex-wife's petition was finally processed) I was no longer married. Fair decision. Can't argue much with that.

The problem:

Since 2007, life happened. I met the amazing woman that I have been married to for 4 years (USC), I got degrees, advanced jobs, lived in the same city, had family move nearby, and developed as many ties as any normal person develops to his hometown. I have been in this city for going on 14 years now. I have a professional job, active in my community, you name it. My wife and I are even taking care of her elderly grandparents.

So I understand that my denial makes my green card invalid and will most likely be revoked and I might be placed in removal procedure. But let's face it, I cannot just leave my wife, my home and my life now. I don't even have any family or a home to go back to in my country of origin. All my family is mainly here.

I am thinking it is probably not even worth appealing the decision. But is there anything that can be done moving forward to prevent removal? Removal will definitely mean the loss of my job, unimaginable hardship on our marriage and financial well-being, loss of my career as I am planning on going back to graduate school.

Any suggestions or advice? And I hope you can be gentle with your response (seen some harsh responses around here). One day you have such a happy life and promising future, and overnight it looks bleak and uncertain. Is there hope for fixing this while remaining in the US?
 
Did they send u NTA with the denial? If not, there's a big chance that they might leave u alone with ur GC and not even bother with removals..ur only wish is for them to not cause you any troubles when you renew you GC..they sent me both denial and NTA in the same envelope.! I really doubt that they would put you in removals my friend.. If you are ok with not becoming a citizen & live your life in some sort of paranoia , then you should live your life and maybe not travel anymore. In my case, uscis put me in removals because I sort of pushed the envelope with them until they finally decided to take it to court. I filed for n400 twice and applied for re-adjustment of status so they were left with no choice but to put me in removals..some people call me crazy for bringing this upon myself, but I'm just like you and every decent person in this country who wishesto become a citizen one day; even if it means I have to leave for a period of time and come back with a new visa. But hopefully it won't get to that point and I hope that i'll get some sort of relief to remain here and fix my problems..good luck to you and I hope your problems get resolved soon.
 
Moneer81 said:
Hello,

I cannot just leave my wife, my home and my life now. I don't even have any family or a home to go back to in my country of origin. All my family is mainly here.
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I'll try to be as gentle as I could. Actually, most people don't want to leave the US particularly if they have family, home, job and life in the US but they have no choice if they are not eligible for some kinds of visa to stay in this country. So, it doesn't matter what someone wants or wishes; rather it depends on the eligibility for the visa for that person. Do you honestly believe that US govt. could allow aliens to stay in this country if these aliens don't have any family member left in the home country or if their all family members are in this country?? Whenever an alien goes to US Embassy to get a tourist visa, most probably his/her visa application gets denied once consular officer learns that the applicant has a family member in the US. Not all the times, but most of the times this reason alone makes an alien's application for a tourist visa to be denied.

Anyway, there is no point in arguing or discussing all this because bottom line is- you were granted permanent residency by mistake because when your green card case got approved, you were already divorced with you ex wife even though you did go to USCIS to inform them about your divorce. It doesn't matter if USCIS made the mistake because fact remains the same that you were divorced at that time when your green card came in the mail, thus you were not eligible to obtain that green card based on the marriage that had ended before your case got approved. You were already interviewed for that case and got stuck in name check, makes no difference because your case actually got approved when you were already divorced, which means you were not eligible for the green card.

I'm sure you know so well that you knowingly made the mistake not informing the USCIS and not surrendering your green card ONCE you obtained it; instead not only you kept it but also went on filing N-400 based on that, but when you caught in between now then you are talking all about your life, family and everything in this country when you could have been straight-forward at that time by surrendering your green card. Why is it always about me, me, me?? At that time you needed the status, so you kept mum, and now you need to stay in this country again because of your family, job and home then it's again about me and me and me.... Anyway, I don't want to get into the morality of all this; rather I would stick to the legality of the matter.

You would get NTA soon, believe me, if you have not received it by USCIS which would not only notify you about revocation of your green card but also placing you on a removal proceeding. Your best bet is- seek the permanent residency during the removal proceeding at the immigration court. Given what you have written here, you might be eligible to seek out this relief in the immigration court during removal proceeding but I don't know how long you have been living in this country which is also important. Also, if your current wife is a US citizen then you most probably can request the immigration judge to grant you the green card. However, you must need to remember 4 facts though-

(1) USCIS wouldn't have anymore jurisdiction on you after placing you on a removal proceeding; rather immigration court would have.
(2) Request to grant you the permanent residency is a matter of privilege not as a right.
(3) How long you have been living in this country or if you are married to a US citizen or whether or not any hardship your family members would endure in the US if they are US citizen or LPRs would decide your fate if you could obtain the green card from immigration judge.
(4) Forget about naturalization as of now because you are not even a green card holder. So try to obtain green card first and then many years later you could think of being a US citizen.

Just don't waste your time and energy in debating who did to whom because it will not change the outcome; rather focus on obtaining a good immigration trial attorney who is experienced in deportation cases.

Good luck...
 
JohnnyCash, so you think it is possible that the immigration judge revoke his current GC, put him back in his original status that he came in to the US, and then grant him a new LPR status based on his current marriage?

If he's been married more that 3 years, will he get a 10 year card or has to be conditional first?

have you personally seen cases like that before?

Also, does traveling outside the US on vacation a few weeks a year affect the 10 year continues residency?

Moneer, do you have any children?
 
SZ77, thanks for your response. I did not get an NTA with my denial letter, so I hope that is a good sign. And no, we don't have any kids yet.

I am not sure if they'll leave me alone or not, but this needs to get fixed, and I am fully willing to do whatever it takes to make it right. Even if nothing happens now, in 5 years, I won't be able to renew my GC and I would rather deal with it now than later.

I contacted USCIS for advice on Saturday but the representative I spoke to said to call back on Monday and speak with "Level 2" as this matter is beyond the scope of their support so I will them a call today and see what I find out. I am also researching lawyers so I can contact one when the time comes.

Any guesses on what kind of legal fees I should be planning on?
 
JohnnyCash thank for your insightful reply. I won't go into the morality of the matter, but I just want to quickly say that I truly did what I knew best to do at the time. When my first marriage ended, I was fully prepared to leave the US, as I had no reason to stay. But I was stuck in that weird transitional period. When I got my GC, I did not even know what to do and I am not even sure there is a process in place for a GC recipient to surrender it and leave the country. By then I was back in college about to graduate, and I could have legally changed my status or corrected things had I known how to do that. So it wasn't merely about "me, me, me" but it was more about what made sense at the time in terms of the information that I received. I am not going to blame anyone else though and I am fully aware that I take the responsibility and that's why I want to do whatever is required to mend this.

Thanks for all your advice. I will definitely look into consulting a lawyer. I am not concerned about the citizenship now but would just rather fix this, even if it meant me going to the back of the line and starting the process all over. I just hope the next time around I won't get stuck in the name check for 3-4 years ;)
 
Moneer81 said:
- October 2006, I file for divorce and end our 2+ year marriage. I contact USCIS. I explain my situation.
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Did you inform USCIS in writing about the divorce? Was the divorce finalized before your green card was approved?

Even if nothing happens now, in 5 years, I won't be able to renew my GC and I would rather deal with it now than later.
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If they don't initiate removal proceedings in the near future, and you still have the green card in 5 years when it's about to expire, there is a good chance you'll be able to renew it. For green card renewal they don't go into deep scrutiny like with naturalization. If you don't have an obviously deportable crime on your record, they'll almost surely renew it.
 
I contacted USCIS over the phone and explained the situation. I was instructed to wait for the final decision on my adjustment of status. During the three years my application was stuck in the name check, I could not get any information on my application, nor could I update it, nor was I able to obtain an address for doing so. I did not know where my application was (in spite of attempts to obtain that information) so to answer my question, no I did not even know how to contact them by writing and inform them of the change.

And as a side note, I have had a perfect record and no brushes with the law whatsoever. I understand that many other immigrants have an equally clean record, but I am just saying that in the least, my record should not complicate the situation any further.
 
If you informed them about the situation in an interview, or in writing with sufficient identifying details (especially the I-485 receipt) to connect the information to your case, now you would be able to defend yourself by showing that USCIS knew about your divorce before they approved your green card, and they wouldn't be able to rescind your green card because now it's past the 5-year limitation.

Be prepared for the NTA. If they decide to revoke your card you can ask the court to allow you to apply for a new one based on your current marriage.
 
Moneer,

Don't feel bad about failing to inform uscis in writing & I wouldn't use your reason as an argument about why u didn't inform in writing..your attorney will give u better advice..look, the bottom line is you just stay strong & focused and don't let anyone put fear in you because fear is crippling..and yes it should be about " me me me" u probably came to America when you were younger and you devoted your life to make yourself a better person which ultimately means that ur helping building America in times that she needs people like u to make it better.forget about ur psychopath ex-wife! U deserve to have a GC and I truly hope that u & me and whoever else want it to get it and be on their way to citizenship..

Your lawyer fees will all depend on where ur case goes..if u get NTA and u have to go to immigration court u'd probably look at around $3500 to $5000..that's how much my lawyer is going to charge me!
 
Also pay attention to what mr. Jackolanern telks you..he's a respected member with good knowledge..and he's given me good advice in the past!
 
Thank you so much for all your responses! I will definitely pay attention to all the advice I was given. Wish me luck with my process.

SZ77 best of luck to you too and thanks for your advice!
 
SZ77 said:
JohnnyCash, so you think it is possible that the immigration judge revoke his current GC, put him back in his original status that he came in to the US, and then grant him a new LPR status based on his current marriage?

If he's been married more that 3 years, will he get a 10 year card or has to be conditional first?

have you personally seen cases like that before?

Also, does traveling outside the US on vacation a few weeks a year affect the 10 year continues residency?

Moneer, do you have any children?
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Immigration judge doesn't revoke someone's status; rather USCIS does thru NTA which they will issue in this case in hand no matter what. It's just a matter of time. In many cases I've seen takes as longest as 6 months to receive NTA. But trust me, NTA would arrive if right address USCIS has on file or mail doesn't get lost. On NTA, USCIS will notify the OP that his legal status is now terminated and he is placed on a removal proceeding. In immigration court, immigration judge would ask the OP why he shouldn't be deported. So immigration judge will not put OP back to his original status when he came to the US because once adjusts his/her status then all prior status got terminated. In order to have the prior status, aliens should qualify for it all over again.

During the deportation proceeding, immigration judge has the authority to grant an alien a LPR and this LPR is not conditional; rather a full residency regardless of the length of marriage. The length of marriage is matter only when it comes to dealing with USCIS, and not when it comes to dealing with immigration judges. Also, keep it in mind that OP wouldn't have only his marriage to a US citizen as the reason to ask judge to grant him the LPR; instead he could seek the relief or ask the judge to grant him LPR based on many other factors such as the length of his total stay in US (minimum 10 years is required), or EXTREME hardship to his US citizen wife or children if there are any if he were to be deported, or EXTREME hardship to himself if he were to be deported from the United States. The last one might not get him the relief but others two could. Any leaving the US for a short time for vacation or something like this won't break 10 years' residency so long the stay at abroad is temporary in nature.

As for asking me if I've seen cases like this before then yes. Matter of facts, thousands of them if not millions.
 
SZ77 said:
Moneer,

Don't feel bad about failing to inform uscis in writing & I wouldn't use your reason as an argument about why u didn't inform in writing.
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Informing the USCIS over the phone or even by writing wouldn't prove anything as a defense. A stamped copy of acknowledgement of your request is the only defense. That's why its very important to get something in writing from USCIS that they did receive your request, and the best way to do is- personally delivery the request in the local office and get the stamp from them on your copy. Or ask them to mail something relating to your request which they will be able to do so only when they take action like revoking green card or something like this.

Again, it doesn't matter who did and what happened because even if USCIS made the error, they will revoke the residency. So its not worth spending time, energy, efforts in debating who did and what they di.
 
Thanks again JohnnyCash for the very useful insights.

Based on all this discussion, what do you guys recommend as my next course of action:

a. Wait for the NTA
or
b. Hire a lawyer immediately

If the answer is "b", then I am assuming I should hire a lawyer that is located in the vicinity of the field office (St Paul, MN)? I live a few hours north of there, and there is a nearby support office where I had my interview and did my biometrics, but I don't believe they will be handling my case.

Also, any recommendations on how to choose a good lawyer? Any websites out there that can list them and reviews/ratings? In my preliminary research, http://www.avvo.com kept coming up...
 
Moneer, mr. Johnnycash or mr.jack would best answer ur question about a & b..but I would go with what johnnycash told u earlier to talk to an experienced lawyer about ur case and maybe wait until NTA arrives with a court date before u officially hire him/her and start paying them.

Johnnycash, my NTA did not say anything about LPR being terminated.,it just said that the reason im being put in removals because I was wrongfully admitted as LPR, but it did not say anything about termination of status..in fact, shortly after I received the NTA I applied for a travel document, "the green passport like book" and it got approved & they mailed it to me..which tells me that I'm still a LPR in the system..but oh well I could be wrong!
 
JohnnyCash said:
Informing the USCIS over the phone or even by writing wouldn't prove anything as a defense. A stamped copy of acknowledgement of your request is the only defense.
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But if it was sent in writing, USCIS should have added it to the A-file, and if it's in the A-file USCIS would have to acknowledge it.
 
Jackolantern said:
But if it was sent in writing, USCIS should have added it to the A-file, and if it's in the A-file USCIS would have to acknowledge it.
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Sending in writing is one thing; while adding/recording to the A file by USCIS is another. Many times mails get lost and never reach to USCIS; while other times USCIS is known to not adding/recording a request properly to A file. Thus, just sending in writing is not enough when something so important to this nature is concerned, in my opinion. I would rather not take a chance by just sending it in the mail; instead would feel comfortable having something in writing from them as an acknowledgement of my request so that when time would come I would have something to defend or argue with.
 
SZ77 said:
Johnnycash, my NTA did not say anything about LPR being terminated.,it just said that the reason im being put in removals because I was wrongfully admitted as LPR, but it did not say anything about termination of status..in fact, shortly after I received the NTA I applied for a travel document, "the green passport like book" and it got approved & they mailed it to me..which tells me that I'm still a LPR in the system..but oh well I could be wrong!
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Over the years I've seen that many NTAs specifically states about termination of status; while a few times I've seen not mentioning of it which seems to be in your case. Nevertheless, issuing a NTA or placing someone on removal proceeding automatically means termination of any status and the alien is on the verge of deportation. I have no idea whatsoever as to how you were able to obtain a travel document despite of NTA is issued. All I could think of it being not in the system at that time OR the officer who approved the travel document application overlooked NTA in different screen. Sometime officers do make mistakes. Nevertheless, I wouldn't risk traveling outside the US at this stage of your situation if I were you because there is a very high risk of you being denied entry upon arrival the port of entry.
 
Moneer81 said:
Thanks again JohnnyCash for the very useful insights.

Based on all this discussion, what do you guys recommend as my next course of action:

a. Wait for the NTA
or
b. Hire a lawyer immediately

If the answer is "b", then I am assuming I should hire a lawyer that is located in the vicinity of the field office (St Paul, MN)? I live a few hours north of there, and there is a nearby support office where I had my interview and did my biometrics, but I don't believe they will be handling my case.

Also, any recommendations on how to choose a good lawyer? Any websites out there that can list them and reviews/ratings? In my preliminary research, http://www.avvo.com kept coming up...
Click to expand...

Of course you have to wait for the NTA to arrive unless you are in rush to adjust your status thru immigration judge then you could surrender yourself to USCIS by going to any of their office by saying that you are out-of-status.

Since NTA is not issued yet in your case then you have the luxury of time to looking a right attorney for you and preparing for your case. So be aggressive and pro-active if this is a life and death situation to you. Of course you should find the attorney closer to immigration court in your area which you could search online as to which US Court would have jurisdiction on you over your immigration case or you may ask any immigration lawyers in your area.

One thing I would tell you that do not find just any immigration lawyer; instead only those who deal with deportation matter. You would many lawyers who do everything like filing the application and deportation too, but spare them who do filing and other immigration things; rather look for who handle deportation and appeal matters in immigration courts. You can look for them now and have free consultation over the phone to find who is right for you. Also, get all your documents ready which might be needed to ask judge to grant you a LPR based on your situation. Unfortunately, it will now cost you some money now because you will be in a deportation proceeding wherein retaining a lawyer is worth. Just forget about anything that happened in the past like bad marriage, stuck in name-check process for that long, you having called USCIS informing about the termination of your previous marriage prior to receiving GC because none of these is matter nor would ever be questioned; instead only thing would matter now- new eligibility for the GC. You would need to convince the judge that he should give you a chance to stay in this country by adjusting your status based on your situation (which I have described above). Good luck....
 
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