naturalization DENIED is my green card in danger??

[ginnu]

Write correctly what is on the letter

what is on the letter 316(a)1 or 316(a)2 or 316(a)3???.

naturalization secion 316a of the act.

Section 316(a) is the general naturalization provision and applies to spouses who have been lawful permanent residents for at least five years.

Section 316(a) of the Immigration and Nationality Act (INA) requires a naturalization applicant to prove that he or she is, and has been for the requisite period, a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed toward the good order and happiness of the United States. Section 337(a)(5)(A) of the INA also requires applicants to declare under oath his or her willingness to bear arms on behalf of the United States when required by law. Therefore, it is INS policy that refusal to or knowing and willful failure to register for Selective Service during the period for which an applicant is required to prove his compliance with § 316(a)(3) supports a finding that the applicant is not eligible for naturalization, because he has failed to establish his willingness to bear arms when required and his disposition to the good order and happiness of the United States
also read the below link?
http://www.nilc.org/immlawpolicy/natzcitzshp/nc013.htm

 

[h0urg1ass]

Dude,

You should start making sense in your posting if you are to get practical advise from this forum. This will be a free advise, if a lawyer has to listen to you for 15 minutes, $200 will leave your pocket to his practice. Be succint and sequential in the chain of events.

For example, you were 16th, when you receive the card? Was your father employed by the company or he had left the company for another one? You should clearly outline your timeline, whether your father is now a US or not. Also, what is your father's immigration status

my family received GC through my father (employmentbased). We are still GC holders. My father worked for the company for 20 years but quit (to start own business) a couple of years after moving to US.

 

[spiderman03]

Hi, I need some help please..

My application for naturalization was denied because .. after my interview I was given a n-14 form to provide evidence showing my father worked for the petitioning company after receiving greencard.

I was unable to provide evidence and I received a letter stating my application for naturalization must be denied because I was unable to establish that i was lawfully admitted to the US for permanent residence.

Do you have any experience with cases like this? What usually happens? If this officer doesn't file anything else beyond this, will I be able to keep permanent residency? Will this be in issue when renewing the card?

Thank you so much for your help.

I am suspecting that your father applied for citizenship first, got denied for the reason you mentioned & then you applied for citizenship. Otherwise, how would USCIS know your father didn't work for the GC sponsoring employer? USCIS by itself doesn't keep tabs on GC holders employment history unless it has some real interest in finding it. It's totally absurd they talk about your father's employment when you apply for citizenship. If what I suspected is true, the remedy lies in your father getting back into status first. You could reveal more details if you wish to hear our advice.

 

[saf]

Hour1glass,

1. When was your green card issued?
2. Did you get your green card thru your father who was sponsored by his company? right?
3. Where is your father now? If he is with you, you should be able to show your father's green card (make a copy of it and show it to your IO) to the interview so it is evidence.
4. Is your father still working for same company who sponsored him for his green card? or after he got his green card, did he get a new job at another company?

Please answer questions so we can help you.

 

[h0urg1ass]

Write correctly what is on the letter

what is on the letter 316(a)1 or 316(a)2 or 316(a)3???.

naturalization secion 316a of the act.

Section 316(a) is the general naturalization provision and applies to spouses who have been lawful permanent residents for at least five years.

Section 316(a) of the Immigration and Nationality Act (INA) requires a naturalization applicant to prove that he or she is, and has been for the requisite period, a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed toward the good order and happiness of the United States. Section 337(a)(5)(A) of the INA also requires applicants to declare under oath his or her willingness to bear arms on behalf of the United States when required by law. Therefore, it is INS policy that refusal to or knowing and willful failure to register for Selective Service during the period for which an applicant is required to prove his compliance with § 316(a)(3) supports a finding that the applicant is not eligible for naturalization, because he has failed to establish his willingness to bear arms when required and his disposition to the good order and happiness of the United States
also read the below link?

section 318, INA

title 8, code of federal regulations, 335.7

 

[saf]

Never mind.. you already answered questions.. Hmm..

when did your father got his green card? You said that he worked for 20 years. but when he did get his green card? If he got his green card five years ago, then what was his immigration status 20 years ago?

 

[Al Southner]

my family received GC through my father (employmentbased). We are still GC holders. My father worked for the company for 20 years but quit (to start own business) a couple of years after moving to US. He applied for GC with the condition that he would be hired again but ended up not happening thus I was unable to provide proof of his employment.

Only I applied for n400. Is this enough info?

Answer this question: When he quit his job, did he have a GC or not? In reading your post, he got his GC with the condition that he will get his job back? So, it never happened....meaning he was never given his job back but he got a GC? If the latter is the situation, the GC is in limbo. I can see why USCIS asked specifically for his employment history, which doesn't exist because he was never an employee of the company after receiving the GC, thus committing fraud in the eyes of USCIS and law.

You and your family's greencard are likely to be revoked if USCIS harden its asshy against your family. There is a reason why your father doesn't want to apply for US citizenship, the GC will be revoked...

 

[spiderman03]

my family received GC through my father (employmentbased). We are still GC holders. My father worked for the company for 20 years but quit (to start own business) a couple of years after moving to US. He applied for GC with the condition that he would be hired again but ended up not happening thus I was unable to provide proof of his employment.

Only I applied for n400. Is this enough info?

You say your father worked for 20 years. Worked where? outside USA? Otherwise why would you say that he quit a couple of years after moving to USA? And also, if the sponsoring employer didn't hire your father, under AC21 law, your father is eligible to work for another employer because it was not his fault. He had the intent to work but he wasn't hired. Honestly, your posting is a mess. Sorry. You don't make any sense.

 

[h0urg1ass]

I am suspecting that your father applied for citizenship first, got denied for the reason you mentioned & then you applied for citizenship. Otherwise, how would USCIS know your father didn't work for the GC sponsoring employer? USCIS by itself doesn't keep tabs on GC holders employment history unless it has some real interest in finding it. It's totally absurd they talk about your father's employment when you apply for citizenship. If what I suspected is true, the remedy lies in your father getting back into status first. You could reveal more details if you wish to hear our advice.

my father never applied for n400. ONly i did

 

[WBH]

my father never applied for n400. ONly i did

Then it is very weird they knew your father did not work for his petioner.
There is nowhere on one's N400 one need to list employment of any family members. So most likely there was something fishy about your father's
GC prior to his getting the GC. Or the IO just randomly make request for
anyone who got the GC as derivative for additional evidences.

 

[spiderman03]

my father never applied for n400. ONly i did

Can you post detailed timeline of your father's immigration and work hsitory first. Forget your case at this time because your situation is depending on your father's status.So let's focus on your father's history first.

Detailed timeline means, year he entered USA first, what status was it, then which company he worked (you can use A, B, C etc...), then when he switched to GC and what company he worked for, which company sponsored him etc....

 

[Al Southner]

my father never applied for n400. ONly i did

We know that he never applied. Just answer questions pertaining to your case and please please make sense. You are making all volunteers here crazy, because you are posting bits of nonsensical information. Just get to it already...

 

[h0urg1ass]

so what should i do? just hope that the officer doesn't file anything else right?

 

[Al Southner]

so what should i do? just hope that the officer doesn't file anything else right?

How are we going to help you if you are NOT willing to share any clear information? We can't stop the officer, if there is fraud, you can bet you butt that he's going to follow-up till they revoke your greencard.

 

[saf]

so what should i do? just hope that the officer doesn't file anything else right?

You have to tell us about your father's details from the beginning so we can understand your father's details and we can help you. If you can't answer any questions, we cannot help you.

 

[h0urg1ass]

The n400 didn't know my fathers employment. At the interview I was asked what my father does and I said he has his own business, which was why the officer wanted proof that he worked for sponsoring company.

 

[spiderman03]

Of all the people in your family, you applied for N-400 first? Didn't your father think at all that if he applied for N-400 first, he would have got a chance to explain the IO why he never worked for the GC employer? It is not your burden to prove your father's employment history. Your father should be doing that first and got himself cleared of the issue by getting citizenship first. Somehow, for a very strange reason, you did it and that is creating suspicion as to why your father avoided the naturalization process. Because of your posting (not revealing the details), you are making everybody nervous here.

 

[saf]

The n400 didn't know my fathers employment. At the interview I was asked what my father does and I said he has his own business, which was why the officer wanted proof that he worked for sponsoring company.

Hourglass,

ok. you didn't answer my questions. You didn't explain how your father came to USA in the beginning and what was his immigration status before he got his green card. Please post full details.

That's why IO wanted to know how your father got his green card and what his immigration status was 20 years ago.

 

[Coconut72]

From my previous posts, I infer that you father actually entered the country with GC and worked for the GC sponsoring company for 2 yrs. But for some reason you couldn't produce the proof of that. I am not sure why is that. You need to get that proof some how. Other wise, yes, your fathers as wells as all derivatives GC would be in trouble!!

Hi, I need some help please..

My application for naturalization was denied because .. after my interview I was given a n-14 form to provide evidence showing my father worked for the petitioning company after receiving greencard.

I was unable to provide evidence and I received a letter stating my application for naturalization must be denied because I was unable to establish that i was lawfully admitted to the US for permanent residence.

Do you have any experience with cases like this? What usually happens? If this officer doesn't file anything else beyond this, will I be able to keep permanent residency? Will this be in issue when renewing the card?

Thank you so much for your help.

 

[spiderman03]

The n400 didn't know my fathers employment. At the interview I was asked what my father does and I said he has his own business, which was why the officer wanted proof that he worked for sponsoring company.

One again, can you post your father's timeline in detail and also the DO where you got interviewed? Under the limited amount of info you provided, my opinion is that the only option left is if your father apply for citizenship immediately using a expert lawyer. That is the only way to restore your GC status. Remember, they don't revoke your father's GC without following the removal proceedings. So, my guess is your father's GC is still valid. He need to see a lawyer immediately, file for citizenship, hope for approval. Once he is approved, your family is back in status.