N400 with immigration court case pending?

Ifitis2be

Active Member
I have a question please. Can one submit an N400 while they have a pending immigration court case? Let me explain:

My friend’s ROC based on mariage was denied. Officer suspects mariage was not bona fide.He appealed and has to go defend his case in front of an immigration judge but his court case hasn’t been scheduled yet due to the pandemic. In the meantime, It’s been 6 years since he became a green card holder so technically he is eligible for naturalization. Could he submit an N400 and hope for it to be approved despite the pending court case? @Fin @jesusmartinezlaw
 

SusieQQQ

Well-Known Member
If his ROC was denied does that mean he never got a 10 year green card? What green card does he have?

I can’t see an approval being granted while there is a question mark over the bona fides of his case. The IO for naturalization will review his entire LPR history. There is also the good moral character question, if there is a possibility of immigration fraud.

Also was he actually placed in removal proceedings?
 
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Ifitis2be

Active Member
If his ROC was denied does that mean he never got a 10 year green card? What green card does he have?

I can’t see an approval being granted while there is a question mark over the bona fides of his case. The IO for naturalization will review his entire LPR history. There is also the good moral character question, if there is a possibility of immigration fraud.

Also was he actually placed in removal proceedings?
Thanks for your response. He had a 2 year conditional green card. His ROC was denied and he was informed of it but given the option of appealing before an immigration judge which he took. He wasn’t placed in removal proceedings yet since he hasn’t been to court yet
 

SusieQQQ

Well-Known Member
So what is his actual current status? His conditional GC has expired but he does not have unconditional status. Well, I am not sure this counts as being in permanent resident status until and unless his appeal is successful. I can’t see how an N400 could be approved from this situation, maybe someone is aware of a legal loophole.
 

whitemimauz3

Registered Users (C)
Even if he takes position of pending appeal & file N-400. Should he chooses to go in this route, N-400 will not be adjudicated favorably until appeal process is success.
 

Fin

Registered Users (C)
Late response but one cannot be naturalized until their conditions are removed. some folks with marriage based GCs file for N400 while their ROC is pending, so the naturalization officer first processes ROC and then the N400 in a single interview. They will most likely hold the N400 in abeyance until the removal proceedings are completed. Your friend will have to wait until the removal proceedings are over.

Note: The applicant cannot be naturalized by the immigration judge either, the congress has given that power only to the USCIS (via AG) or the Federal Court. They can approach the federal court only if US CIS rejects the application. Refer to the case Yith versus Nielsen 9th circuit.
 
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