N-400 rejected. Need help !!!

Johnlaw777

New Member
Hello all,

I just got a decision on my N-400 after 1 year and 6 months of waiting. They have denied my naturalization request because I did not meet the guidelines of a legally admitted residence.

To explain my situation, I came to the US in 2000 with my mom through her USC fiance( they were married in Vietnam) as a K2. They had a falling out sometimes in 2002-03. He called off the engagement and she left. He only manages to get a SSN for her and not me. Sometimes after, she met her current husband, who was at the time a LPR. She filed 2 separate I-485 forms but were both rejected, one in 05 and another in 06. In late 2008, we were court ordered to be removed form the US, which I didn't know about then since she never involved me in the process. She just told me we needed to go back to Vietnam to complete the process. We went back for about 6 months and finally got approved. We came back to the US in early 09 and we both got our Green Card shortly after.

Forward to present time, I file for naturalization in mid 2014. I went to the interview in April 2015. During the interview, the guy went through all the question and one of them was have you ever been deported/court removed. I obviously answered no because like I stated earlier, I didn't know at the time. He made me do this whole petition statement and put my file on hold. It took them 1 year and 6 months to investigate this whole thing. BTW, this is 2 years after my mom was approved for her USC.

The denial letter started that we failed to show at our removal hearing and we went back to Vietnam because we had no choice. The letter also stated that when filed the application for Immigrant Visa and Alien Registration, there were 2 question that we essentially lied on. One was did we ever failed to attend a hearing on deportation or inadmissibility within the last 5 years and the other was were we ever issued a SSN.

Basically, the letter stated that I shouldn't have been granted LPR and the Department of State screwed up and now I cannot be naturalized as a result. I don't know if my mom file the N-400 based on the same condition or through her marriage with her now husband who is a USC.

I am worried that not only can I not get a USC, I am in danger of having my Green Card revoke/ not being able to renew. I am going to talked with our lawyer who did our paperwork back then on Wednesday.

Please help out here.

Thank you
 
Hi,

Just an update on this case. I talked to the lawyer and he basically said I can fight the date and that I didn't really know anything, but I can't fight the legality that I was court ordered removed from a judge and should be inadmissible for 5/10 years depending on the situation.

He said he had a similar and that the attorney general gave the guy 2 options: one was to go back into removal proceeding and file a waiver to show that if removed, it would cause hardship to the spouse/relative in question. Th other option that the AG gave was he will not be put in removal proceeding; however, the lawyer said he didn't know if he was able to renew his Green Card.

Any ideas or suggestions? Is my lawyer correct?
 
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