Naturalization Application Denied

[Sashko]

Hello,( I am writing this for my friend )

He got married 10 years ago, and got the green card through marriage. The green card is valid for 10 years so it is the actual one, not the temporary. Back in 2003 he applied for Naturalization, the interview went very well, he passed the test and the Immigration officer asked him if if he is still married, and he said yes, and than he asked him to send more documents, such as tax returns, bank statements, etc. he sent the requested documents to the Immigration officer. After 1 year of waiting he got a small handwritten peace of paper saying that the application has been denied, without any reason mentioned. Now, he is divorced and married to another US Citizen women. What is the best option now for him to do? He is planning to re-apply for naturalization, but at the same time he is scared if they take the permanent residency status for some reason?

Any suggestions???

Thank you

 

[Bobsmyth]

USCIS has to provide reason for denial. It appears it may have been due to insufficient evidence of marital union, but your friend should first find out what the reason was for denial instead of blindly reapplying again.

 

[Sashko]

Can he re-apply again now without problems?

 

[Bobsmyth]

Can he re-apply again now without problems?

That's impossible to determine without knowing what the denial was for. For example, if the denial was for a conviction or for not meeting continuous residency, reapplying now can still lead to a denial.

 

[sanjoseaug20]

After 1 year of waiting he got a small handwritten peace of paper saying that the application has been denied, without any reason mentioned.

CIS has to formally provide reason for denial. First thing would be to find the official reason. Find the file #, call up 800#, make an INFOPASS appointment - but get this information first.

 

[lazycis]

Because he was not summonned to the immigration court, his green card is not in jeopardy. As for the naturalization issue, we do need more details about the denial. Handwritten note is not an official response.

 

[WBH]

Because he was not summonned to the immigration court, his green card is not in jeopardy.

Can USCISl withoput going to court, simply refuse to renew one's GC when
it is time to renew? Or they can take the opportunity when the person is making a trip and refuse his re-entry? (That is what happened to Chaplin
in 1950s)

 

[tomja1234]

I think first he needs to find the reason for the denial, I don’t understand the reference to ‘handwritten paper’ here that seems unlikely, more senior members can weigh in. Is your friend’ hiding something . If everything is ok, then he can reapply under 5 year rule.

 

[far23]

After 1 year of waiting he got a small handwritten peace of paper saying that the application has been denied, without any reason mentioned.

Its a long time since he got that note, so he may or may not remember, but was that note in official USCIS (INS) envelop? Was the note on USCIS letterhead or just on a blank white paper? Was any A# written on that?

If he still has that hand written note, he can take an infopass appointment and show them the note and ask the reason for denial. If he doesn't have that, still he needs to find out STATUS of his application, and if it is denied, then why it was denied.

 

[lazycis]

Can USCISl withoput going to court, simply refuse to renew one's GC when
it is time to renew? Or they can take the opportunity when the person is making a trip and refuse his re-entry? (That is what happened to Chaplin
in 1950s)

They can refuse to renew GC only if a person is deportable. Permanent resident status does not expire so as long as green card holder maintains residency and does not commit deportable offences, there is no reason to worry. And after 5 years USCIS have to go thru the court to strip permanent residency. Re-entry is a bit different, but if a person re-enters with non-expired GC, there should be no worries.