N-400 DENIED, What is next?

[stranger_in_the_night]

Hi folks.
Mine and my wifes N-400 got denied.
Our green cards were employment-based. I had very difficult relations with employer during my H1-B and green card processing time. They would placed me on the bench constantly, would not provide with job and not pay. Sometimes I would submit billable invoices from the company i consulted for and they would delay my pay.
So here is the decision of our N-400:
"On November 12, 2008 you obtained your permanent resident status through your employer in immigrant classification E37 (Professional who holds a baccalaureate degree or who is a member of profession).
USCIS has received your Form N-400 on July 9 ,2015 and on November 9, 2015, 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 there was a fraud in procurement of your LPR status.

Your I-140 petition for the purpose of obtaining LPR status was approved on May, 3 2008 was petitioned by company "XXXX" Inc. A review of your record shows that "Mrs J.J. Blah" was the attorney for "XXXX" Inc. Employment based petitions represented by attorney "Mrs J.J. Blah" including "XXXX" Inc. used fraudulent corporate tax documents. "XXXX" Inc submitted fraudulent corporate tax documents for your employment based petition. Review of USCIS records show that attorney "Mrs J.J. Blah" was found guilty of Visa Fraud in connection with "XXXX" Inc based petitions using fraudulent corporate tax documents. Your I-140 was obtained through fraudulent documentation , in addition your I-485 erroneously approved on November 12, 2008. Therefore, your spouse's and daughter's I-485 applications were also erroneously approved.
To qualify for naturalization under INA 316, you must demonstrate that you meet all requirements for naturalization including the requirement of having been lawfully admitted for permanent residence. You have not demonstrated that you have been lawfully admitted for permanent residence and, therefore, are ineligible for naturalization".

So this is a full decision.

Now i have 30 days to appeal with the form N-336.
Now the facts:
I did work for only 5 months for "XXXX" Inc in 2008 from June 19 to December 1, then they fired me and started working for the company i was consulting on behalf of "XXXX" Inc directly, so pretty much 18 days after I got my GC approved. I do have W-2 from saved for 20,000 from 2008 and my tax return, my LC salary was 54,000. I can get a letter from the principal of the company i was consulting for that i worked for them as consultant on behalf of "XXXX" Inc. Even though i can't access my 2007 W-2 or tax return, i can get a letter from company #3 i was consulting for on behalf of "XXXX" Inc. in 2007, I also have some invoices to company #3 from "XXXX" Inc. with the letterhead of "XXXX" Inc. I do not have any pay stabs saved.
Also that lawyer(company) was always condescending towards me and never gave me any documentation i would ask, so I do not have my LC or I-140 petition on hands, I might be able to get via FOIA.
Also as a note, I live in Circuit 3 of appeals so that means, USCIS cannot rescind my green card or initiate removal proceedings because of statue of limitations 5 years passed. But USCIS can keep me in limbo forever without being able to naturalize in the country i consider mine.
Regards to current status, I am happily employed and continue working in the same field almost (12 years experience) software/systems engineer and get 5 requests from linkedin on daily basis, i do have masters degree which is legit and finally I did not commit any fraud or intended to fraud a government in any way. I entered the country legally and changed my status legally.

How can I appeal and what arguments I can provide to USCIS to overturn this decision and what possible steps? I have only 24 days to appeal left, also I never dealt with lawyers, i do not know how to find a good one, or how to qualify one. I need help but I do not know where to start.
Thank you.
P.S. Until I received a decision i was not aware of that company and lawyer being investigated but lawyer got sentenced in 2014.

 

[USC2013]

Get a lawyer to help you. I have no idea on what's next.

 

[EURO2014]

Hi folks.
Mine and my wifes N-400 got denied.
Our green cards were employment-based. I had very difficult relations with employer during my H1-B and green card processing time. They would placed me on the bench constantly, would not provide with job and not pay. Sometimes I would submit billable invoices from the company i consulted for and they would delay my pay.
So here is the decision of our N-400:
"On November 12, 2008 you obtained your permanent resident status through your employer in immigrant classification E37 (Professional who holds a baccalaureate degree or who is a member of profession).
USCIS has received your Form N-400 on July 9 ,2015 and on November 9, 2015, 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 there was a fraud in procurement of your LPR status.

Your I-140 petition for the purpose of obtaining LPR status was approved on May, 3 2008 was petitioned by company "XXXX" Inc. A review of your record shows that "Mrs J.J. Blah" was the attorney for "XXXX" Inc. Employment based petitions represented by attorney "Mrs J.J. Blah" including "XXXX" Inc. used fraudulent corporate tax documents. "XXXX" Inc submitted fraudulent corporate tax documents for your employment based petition. Review of USCIS records show that attorney "Mrs J.J. Blah" was found guilty of Visa Fraud in connection with "XXXX" Inc based petitions using fraudulent corporate tax documents. Your I-140 was obtained through fraudulent documentation , in addition your I-485 erroneously approved on November 12, 2008. Therefore, your spouse's and daughter's I-485 applications were also erroneously approved.
To qualify for naturalization under INA 316, you must demonstrate that you meet all requirements for naturalization including the requirement of having been lawfully admitted for permanent residence. You have not demonstrated that you have been lawfully admitted for permanent residence and, therefore, are ineligible for naturalization".

So this is a full decision.

Now i have 30 days to appeal with the form N-336.
Now the facts:
I did work for only 5 months for "XXXX" Inc in 2008 from June 19 to December 1, then they fired me and started working for the company i was consulting on behalf of "XXXX" Inc directly, so pretty much 18 days after I got my GC approved. I do have W-2 from saved for 20,000 from 2008 and my tax return, my LC salary was 54,000. I can get a letter from the principal of the company i was consulting for that i worked for them as consultant on behalf of "XXXX" Inc. Even though i can't access my 2007 W-2 or tax return, i can get a letter from company #3 i was consulting for on behalf of "XXXX" Inc. in 2007, I also have some invoices to company #3 from "XXXX" Inc. with the letterhead of "XXXX" Inc. I do not have any pay stabs saved.
Also that lawyer(company) was always condescending towards me and never gave me any documentation i would ask, so I do not have my LC or I-140 petition on hands, I might be able to get via FOIA.
Also as a note, I live in Circuit 3 of appeals so that means, USCIS cannot rescind my green card or initiate removal proceedings because of statue of limitations 5 years passed. But USCIS can keep me in limbo forever without being able to naturalize in the country i consider mine.
Regards to current status, I am happily employed and continue working in the same field almost (12 years experience) software/systems engineer and get 5 requests from linkedin on daily basis, i do have masters degree which is legit and finally I did not commit any fraud or intended to fraud a government in any way. I entered the country legally and changed my status legally.

How can I appeal and what arguments I can provide to USCIS to overturn this decision and what possible steps? I have only 24 days to appeal left, also I never dealt with lawyers, i do not know how to find a good one, or how to qualify one. I need help but I do not know where to start.
Thank you.
P.S. Until I received a decision i was not aware of that company and lawyer being investigated but lawyer got sentenced in 2014.

The question is this: on which basis you would actually appeal the USCIS decision? From the USCIS quote you provided, adjudication is aligned with other comparable GC fraud cases, hence you would need to have strong arguments, none of which you mentioned in your posting.

 

[stranger_in_the_night]

My argument is that maybe all 100 petitions they submitted were fraud cases, but I actually worked for the company as professional and was being paid, regardless if they submitted fraudulent tax forms or returns for all other applicants. But then again i need to see which actual tax documents were fraudulent. I can't argue my case without seeing what is that they submitted on regard to my application.

 

[EURO2014]

My argument is that maybe all 100 petitions they submited were fraud cases, but I actually worked for the company as professional and was being paid, regardless if they submit fraudulent tax forms or returns for all other applicants. But then again i need to see which actual tax documents were fraudulent. I can't argue my case without seeing what is that they submit on my application.

From the information you provided, USCIS stated the following in their decision: "...attorney "Mrs J.J. Blah" was found guilty of Visa Fraud in connection with "XXXX" Inc based petitions using fraudulent corporate tax documents." (underline added). This suggests that XXXX Inc. provided fraudulent tax statements, which, if they had been correct, would have made them ineligible to sponsor Green Cards. I don't quite see how you could possibly appeal this argument, as you would have to proof that your GC has been properly obtained through XXXX Inc sponsoring. The fact that you subsequently worked for the company does no impact in any way the USCIS assessment provided. In any case, if you would like to go any further on this, have your case reviewed in detail by an experienced immigration attorney asap. Best of luck!

 

[valvalerianval]

dui and reckles driving

I moved to the states in 2011,
I got a a dui 23 dec 2011 and on dec 23 2013 I got another dui which i got a pleagargain to reckless driving.
I know i am not yet eligible to apply for citizenship.
My question is what are my chances of applying, I am gonna get denied?
I there are one who had success with 2 misdemeanor?
I working really hard to stay away from every legal problem, plz i need someone to answer my question not criticize my
mistake. I have been through alot i am a nursing student i dont even know if i am gonna get a license when i am done or get a job, now I HAVE TO WORRY ABOUT CITIZENSHIP. I know my actions where wrong don't judge me.

In responds to this post i filled for naturalization in march 2016. Interview was on Sept 02. after that IO requested original document of my dui and reckless driving.
I sent them in application was placed under supervisor review. after about two week it went to review completed.
In November I tracked my Application it states "We placed you in line for your oath ceremony and will send you a notice for Receipt Number NBC*"
Was wondering if that means the application is approved and all i have left is oath?