Green card obtained after divorce, complicatoins with N400, Please read!!!

S

SZ77

Registered Users (C)
Hi, any thoughts will be highly appreciated, here's my story:

I got married to a U.S citizen in 2001. Soon after marriage, I applied for adjustment of status, and got interviewed shortly after. The officer told us that he was going to approve my application as soon as I clear the FBI name check. Since the interview, I never recieved any conditional cards, nor I had any contacts with USCIS. To make matters worse, my wife and I ended up with a divorce after about 3 years and 2 months in marriage.

Since I wasn't a permenant nor a conditional residenant, and the divorce was finalized, I started to lose hope, and I was basically getting myself ready to leave the country. However, one day I recieved a fingerprint notice from the local USCIS office. I went and done it, and a month later, to my surprise, I recieved a 10 year green card in the mail. So to clearify this a bit, I was married to my wife for 3.2 years, never recieved conditional green card, got divorced in 11/ 2004, recieved fingerprint notice in 3/ 2005, and recieved 10 year green card on 4/14/2005. Let me also clearify that I never sent a written notice to USCIS with my divorce, as I was very naive about the laws back then. Since then I was a happy green card holder, until January of this year( 2010) when it was time for me to apply for citizenship. I applied on 1/14/2010, recieved fingerprint notice in feb, recieved interview letter in march, and done the interview on 4/6.

At the end of the interview the officer gave me N-652 with decision cannot be made because I was a week shy from completing my 5 years residency, plus she gave me an N-14 form to send back with my divorce decree, since neither my laywer or me had with us at the time of the interview.

I sent the N-14 the same day, and I have not heard back from them until today, (91 days later). I took an inforpass and went and asked the officer who interviewed me about my case. She dissappeared for about 15 minutues and came back telling me me that I have a problem. She continued to explain how I recieved the green card after my divorce was final, and how I should not have had a green card to begin with. I asked her if my permenant residency is in jeoperdy, and she replied that I might have to see an immigration judge for that. She told me that I will recieve a decision in the mail within 30 days as the 120 day mark is approaching.

Let me clearify that my wife and I entered marriage in good faith. I do not have any supporting documents to show other than joint tax returnes, and a lot of photos of our wedding and our vacations. So, what do you think might happen? Are they going to revoke my green card? I'm really worried about losing my green card other than getting denied citizenship. If I don't hear back from them in 120 days, is there anything I can do? Please share your thoughts! Thanks!
 
There was a similar case here posted last year but we do not have any follow up. In that case the OP was sent a 10-year GC when a conditional card should have been sent.
the OP did not do anything but go t into trouble when applying for citizenship.
 
WBH,

When I hired an attorney, it was for that exact same reason, and he told me that I had nothing to worry about! Any thoughts on what the outcome might be would be great. Thanks.

How can I search that post you mentioned?
 
SZ77 said:
WBH,

When I hired an attorney, it was for that exact same reason, and he told me that I had nothing to worry about! Any thoughts on what the outcome might be would be great. Thanks.

How can I search that post you mentioned?
Click to expand...

I think the post was around Feb 2009. I remmeber some reply are

(1) Anotehr examplethe USCIS will [uinish you for their own mistake
(2) Can USA argue that the OP should know the mistake and report for correction? They will exactly argue that
 
SZ77 said:
When I hired an attorney, it was for that exact same reason, and he told me that I had nothing to worry about!
Click to expand...

Maybe he said that because he knew you'd run into trouble and end up in immigration court. He's hoping to make more money from you in the court proceedings. Make sure you get rid of him.

Your naturalization is sure to be denied. You just have to hope they don't revoke your green card.
 
Expect USCIS to deny your application for naturalization and send you a NTA (Notice to Appear) regarding your LPR status since it was obtained after you got divorced. Contact an immigration lawyer specialized in such cases to determine the best strategy and whether you are eligible to file a waiver.
 
SZ77 said:
2 questions:

1) If a natural born U.S citizen is married to an E.U citizen, will she lose her u.s citizenship if she aquired the e.u citizenship?

2) if I'm ordered to be removed from the U.S, how soon can I apply to come back to the U.S based on marriage to a U.S citizen?
Click to expand...

1. No
2. Depends on how the judge rules. It could be one of these three scenarios (or maybe a couple more I haven't thought of):

(1) If they say your green card was obtained through fraud because you went ahead with the fingerprinting without disclosing the divorce, you could get a permanent ban from the US.
(2) If the court doesn't find fraud, but they invalidate your green card from the day it was issued and retroactively count your unlawful presence from that date, you would be banned for 10 years.
(3) If they don't apply any such retroactive unlawful presence, and they grant you voluntary departure and you leave by the specified deadline, you could be back within months.

I think (1) is very unlikely, as you presumably didn't directly claim to still be married on any paperwork or interview after your divorce, but the courts can do some strange things sometimes (especially the Supreme Court!) so I wouldn't entirely rule out that possibility.
 
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thank you for your answer. now a couple of more questions come to mind, first question: what are the likelyhood of the judge not revoking my green card?
second question: let's say I get the 10 year ban, would there be a form to file after I leave to remove the ban, especially if I'm married to a U.S citizen?
third question: would it help me in anyway to marry my fiance in the U.S in hope that they would just revoke my green card and let me apply for a new paperwork all together?

thanks.
 
thank you for your answer. now a couple of more questions come to mind, first question: what are the likelyhood of the judge not revoking my green card?
second question: let's say I get the 10 year ban, would there be a form to file after I leave to remove the ban, especially if I'm married to a U.S citizen?
third question: would it help me in anyway to marry my fiance in the U.S in hope that they would just revoke my green card and let me apply for a new paperwork all together?

thanks.
 
I hope your problems will get resolved very soon.
To clarify something, so the date on your green card states that you became a legal permanent resident AFTER your divorce date, right?
Another thing, do you have lots of evidence that your marriage was in good faith?
Did your lawyer speak during the interview?
The immigration officer who conducted your naturalization interview, did he mention anything about your divorce DURING the interview?
 
1) yes, the date on my green card was issued 5 months after the divorce was final.

2) I have a lot of pictures of our wedding ceremony, wedding party, and pictures of both of our families, and pictures of us vacationaning in the U.S and in the U.K. Plus I have joint tax returns that we filed together when we were married.

3)the lawyer didn't have to say much as the interview went very smoothly, and the officer verbally told us that she was going to approve my application once I met my 5 year residency anniversary. She didn't mention anything about the dates eventhough it was on the application. The only thing is that I didn't have my divorce decree at the time of the interview and she asked me to mail it to her, but again, the date when I became LPR, and the date of the divorce were infront of her on the application.

What a shame to be going from thinking you would become a citizen in a few weeks to being deported..very ironic..! What's more shame is that this country lets and gives all kinds of bad people including terrorists all kinds of immigration benefits including the u.s citizenship, and the ones that work hard, obey the law, have a decent education, and trying to earn hard living get picked on. This is really a big shame!
 
SZ77 said:
What a shame to be going from thinking you would become a citizen in a few weeks to being deported..very ironic..! What's more shame is that this country lets and gives all kinds of bad people including terrorists all kinds of immigration benefits including the u.s citizenship, and the ones that work hard, obey the law, have a decent education, and trying to earn hard living get picked on. This is really a big shame!
Click to expand...

Exactly!!!
Read the following ... I think it is from your original post...
However, one day I recieved a fingerprint notice from the local USCIS office. I went and done it, and a month later, to my surprise, I recieved a 10 year green card in the mail
If stuff like this can happen, and people earning hard living use it to their advantage, why do we expect terrorists to be different?

You were doing so good asking legal questions, but what's the need to play the sympathy card?
 
that's such a shame that your lawyer did not instruct you to bring the divorce decree to the interview, maybe you would have been approved the same day.
Anyways, do you have any joint bills/credit card statements, joint policies, joint lease, and things like that? can you obtain them somehow just in case?
good luck
SZ77 said:
1) yes, the date on my green card was issued 5 months after the divorce was final.

2) I have a lot of pictures of our wedding ceremony, wedding party, and pictures of both of our families, and pictures of us vacationaning in the U.S and in the U.K. Plus I have joint tax returns that we filed together when we were married.

3)the lawyer didn't have to say much as the interview went very smoothly, and the officer verbally told us that she was going to approve my application once I met my 5 year residency anniversary. She didn't mention anything about the dates eventhough it was on the application. The only thing is that I didn't have my divorce decree at the time of the interview and she asked me to mail it to her, but again, the date when I became LPR, and the date of the divorce were infront of her on the application.

What a shame to be going from thinking you would become a citizen in a few weeks to being deported..very ironic..! What's more shame is that this country lets and gives all kinds of bad people including terrorists all kinds of immigration benefits including the u.s citizenship, and the ones that work hard, obey the law, have a decent education, and trying to earn hard living get picked on. This is really a big shame!
Click to expand...
 
SZ77 said:
thank you for your answer. now a couple of more questions come to mind, first question: what are the likelyhood of the judge not revoking my green card?
second question: let's say I get the 10 year ban, would there be a form to file after I leave to remove the ban, especially if I'm married to a U.S citizen?
third question: would it help me in anyway to marry my fiance in the U.S in hope that they would just revoke my green card and let me apply for a new paperwork all together?
Click to expand...

Q1) Very remote. Unless there is some obscure precedent that protects your green card in this situation, the judge will almost surely have to revoke your card. What you have to hope for is that USCIS doesn't bother to take you to court in the first place. They don't attempt to revoke the green card of everybody whose card is revocable; they usually save their efforts for the worst cases, although they sometimes do go after people who made honest mistakes or have other minor issues.

Q2) At the end of the 10 years, you would simply apply for a visa to immigrate or work or visit. However, if granted voluntary departure, there is some sort of process for you to let them know you have left so they'll know when to start counting the 10 years.

Q3) No. If they revoke your green card they're not going to allow you to stay* in the US to file for another. When you're in removal proceedings you're not eligible to file adjustment of status. But if they don't impose a ban, you could return within 2-4 months with a fiancee visa (if you're not married) or in 6-9 months with an immigrant visa (if you're married).


*in some cases of revocation, they let the person stay and revert to the work visa status they had when applying for the green card, or they put the adjustment of status back into pending status. But neither possibility applies to you.
 
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Check to see if you are eligible to file a waiver of inadmissibility if you receive NTA. The fact that the delay in obtaining GC was due to background check delays and that the IO initially approved application may play in your favor in demonstrating that the application was based on a marriage in good faith.
 
Bobsmyth said:
Check to see if you are eligible to file a waiver of inadmissibility if you receive NTA. The fact that the delay in obtaining GC was due to background check delays and that the IO initially approved application may play in your favor in demonstrating that the application was based on a marriage in good faith.
Click to expand...

Good faith marriage is largely irrelevant; they could have been married for 20 years with 10 children, but getting divorced while the I-485 is pending still would invalidate the AOS and GC (unless a specific exception such as VAWA applied, which isn't the case here). If it goes to court, the OP's strategy needs to focus on other aspects, such as not being nailed for fraud, not having the unlawful presence being counted retroactively, and obtaining voluntary departure without a 3- or 10-year ban.
 
Jackolantern said:
Good faith marriage is largely irrelevant; they could have been married for 20 years with 10 children, but getting divorced while the I-485 is pending still would invalidate the AOS and GC (unless a specific exception such as VAWA applied, which isn't the case here). If it goes to court, the OP's strategy needs to focus on other aspects, such as not being nailed for fraud, not having the unlawful presence being counted retroactively, and obtaining voluntary departure without a 3- or 10-year ban.
Click to expand...

The OP indicated that the IO approved the application pending the FBI background check (due FBI background check backlog at that time). This indicates that the IO was satisfied with the main evidence (that the marriage was in good faith). The fact that the GC approval was delayed due to the FBI background check taking over 3 years might be an argument worth looking in the OP's defense. At this point, only an experienced immigration lawyer in such matters can offer the best plan of action for the OP.
 
Quich update:

My attorney sent a letter to the local uscis office to withdraw my N-400 application. Here's my question: can I file for I-130, I-485, etc., of course with me being married, and before any prceedings are filed from uscis? what would the outcome be? Again, marriage is of course in good faith and with plenty of proofs.
 
You would have to surrender your GC before I-130, I-485 etc. are filed. Which means you would have to leave the US, as they normally allow voluntary surrendering only at the consulates.

So that's one way to handle it; beat them to the punch by leaving the US and surrendering the GC before they initiate removal proceedings against you and impose a ban. Then apply for a fiancee visa or immigrant visa. But then you'll have to hope they won't look back on the circumstances of your original GC and use that to deny your new application.
 
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