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

Hi Moneer81,

So far I'm still hanging! I got denied n400 and got issued NTA in june last year,just like some of the respected members indicated. I'm still waiting for court date. I don't know what's going to happen at this point. I've been married to USC long before NTA with 2 children..my lawyer tells me we should wait until court date to ask for relief! But I read on other threads that ICE could terminate this removal and possibly apply for new I-485 & I-30 thru my current wife..!

What's your story?
 
Wait a minute. Is there a rule if USCIS give out a GC by mistake, then it has only 5 years to revoke it otherwise
a GC issued is a GC issued unless there is some foulplay on the part of GC recipient?

Of course,USCIS can argue that the OP should return the GC because he should clearly know
it is wrong to receive it after divorce but what if the OP counter that I was ignorant and I
did not know
 
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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.
 
Sample TN visa letter for Management Consultant?

Hello,

I'm in the US on a TD visa, but have been offered a job as a management consultant. I'm applying for a TN visa and I understand the scrutiny this category falls under, so I want to make sure I get it right. I have some questions and would appreciate any feedback.

1- I have a Bachelor of Commerce in International Business and over 10 years of experience in management and consulting, what kind of proof of experience do I need to provide?
2-Where can I find a sample TN visa letter for management consultants?

Thank you!
 
SZ77 > Reading your original post, it looks like you were really unfortunate 'cause your N-400 very likely would have been approved at your interview if your lawyer advised you to get your divorce decree along. My cousin is in similar situation but also her ex is causing more issues. Her lawyers are trying to see if they can straighten up the case and either get her to refile I-485. Did you have to appear before the immigration judge? Just wondering if it is better to take a chance with the Immigration Judge process and risk removal proceedings or withdraw applications and try alternative route of getting GC/Citizenship. Thanks!!
 
WBH said:
Wait a minute. Is there a rule if USCIS give out a GC by mistake, then it has only 5 years to revoke it otherwise
a GC issued is a GC issued unless there is some foulplay on the part of GC recipient?
Click to expand...

The 5-year limitation is applicable only if USCIS had all the material information at the time of adjudication. The OP did not inform USCIS of the divorce before the green card was approved, so there is no 5 year limitation here.
 
Jackolantern said:
The 5-year limitation is applicable only if USCIS had all the material information at the time of adjudication. The OP did not inform USCIS of the divorce before the green card was approved, so there is no 5 year limitation here.
Click to expand...

So if the OPhad informed USCIS of divorce but USCIS had granted GC anyhow, the OP would be safe now.
 
WBH said:
So if the OPhad informed USCIS of divorce but USCIS had granted GC anyhow, the OP would be safe now.
Click to expand...

Would be safe now if the GC was granted after USCIS was informed of the divorce. But most likely the GC would have been denied.
 
SZ77 said:
Hi Moneer81,

So far I'm still hanging! I got denied n400 and got issued NTA in june last year,just like some of the respected members indicated. I'm still waiting for court date. I don't know what's going to happen at this point. I've been married to USC long before NTA with 2 children..my lawyer tells me we should wait until court date to ask for relief! But I read on other threads that ICE could terminate this removal and possibly apply for new I-485 & I-30 thru my current wife..!

What's your story?
Click to expand...

As I said many times on another thread that USCIS and even immigration Judge wouldn't debate on who did what and what happened such as it took long time for fingerprints to be cleared back then or OP was married in good faith or OP has all the proofs to prove his previous marriage to be bonafide, etc...etc...etc... It doesn't matter because when a green card approved to OP he was divorced. Period. It means OP was not qualified for the green card based on the marriage that already ended before a case is approved. By the way, I read one of posters' statement that application was approved but OP's fingerprint was not cleared which is not true. An immigration officer can not approve a case until all the background checks are done. Officer can conduct an interview but can not make a decision until all the checks are done. So in OP case, officer did conduct the interview but didn't make final decision until background checks were done, but unfortunately OP got divorced by then.

And even if OP would have the divorce decree at the time of naturalization interview, yet still his N-400 would have been denied and his GC would have been revoked. Why? Because OP's GC application got approved after he got divorced. The bonafide of his previous marriage is not in question so to say that he would need to prove something to immigration judge in the future about his previous marriage because that marriage is totally irrelevant now.

OP did have the choice at that time, of course if he knew better, like not going to fingerprinting and writing to USCIS about the divorce. And if there as some kinds of abuses from ex-wife even if it was mental kinda which should have been documented then he could have sought out VAWA law to adjust his status, but now too late for all this.

If OP has no criminal background in this country and if he is now married with a US citizen which he says he is and even having two kids then I can guarantee you that immigration judge would adjust his status right on the spot within a second at the time of hearing, but his lawyer would need to first file I-130 based on his this second marriage to a US citizen and I-485 would be adjusted by the judge once judge would see an approved I-130 and no criminal record. I can bet my life that OP would be able to adjust his status in immigration court subject to no prior criminal history in this country.

ICE and USCIS can NOT adjudicate I-485 because they lack jurisdiction when NTA is issued. Only immigration courts can adjudicate I-485. However, I-130 is still be adjudicated by USCIS and before court adjudicates I-485, I-130 needs to be adjudicated by USCIS. USCIS do process I-130 quickly for someone who is on a removal proceeding. I don't think OP would need to worry much given the length of his second marriage and two children out of this marriage. I've seen many people get married to a US citizen while on removal proceeding just to avoid the deportation and most of them do get their green card. In that sense, OP has 100% chances to get his status back from the immigration judge, I can bet on this given my many years' experiences.
 
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