Need advice and support after N400 interview

[SEA400]

i could not believe her, i had to leave work immediately take a cab
and come back home to see the letter, when i saw the letter i huged my wife
and i almost cried, i was soooooooooooooooooo relieved

iam sure you will get approved , you will have your oath letter soon in the next few days

John, I am happy, it worked out well for you.

I hope Nash has a similiar news too.

 

[Jackolantern]

I just wonder how the IO figured out the employment was false just by looking it at. Was it a well-known company that makes it obvious that somebody your age (the age you were in 1999 when that form was submitted) almost surely couldn't have been working for them?

 

[NashWithLove]

Very unfortunate news folks,
just received a call from home that my case has been denied, can't provide the details right now because I am out of town but reason they said is ineligibility and also provided forms if I would like to appeal.
I don't know what to expect next, what will happen to my GC.
please provide some information about this situation and also if anyone knows good lawyer in northern Virginia area.
Thanks

 

[WBH]

Very unfortunate news folks,
just received a call from home that my case has been denied, can't provide the details right now because I am out of town but reason they said is ineligibility and also provided forms if I would like to appeal.
I don't know what to expect next, what will happen to my GC.
please provide some information about this situation and also if anyone knows good lawyer in northern Virginia area.
Thanks

Sorry to hear it. Does the denial letter mention when you can apply again?
or mention anything about your GC validity?


If anyone is denied due to something that happened more than 5 years ago,
does it mean the bar can be permanent?

 

[NashWithLove]

Thanks WBH,
I don't know in details whats in the letter however it does say you have 30 days to appeal.
will provide more info tomorrow.I don't know it is permanent bar. need to consult lawyer ASAP. looking for good lawyer in northern VA area.
Thanks again.

 

[WBH]

Thanks WBH,
I don't know in details whats in the letter however it does say you have 30 days to appeal.
will provide more info tomorrow.I don't know it is permanent bar. need to consult lawyer ASAP. looking for good lawyer in northern VA area.
Thanks again.

And I am not sure it can be that fast. The interview was Sep 24 and you
got the denial letter on 26 September.

 

[John Smith 1]

Very unfortunate news folks,
just received a call from home that my case has been denied, can't provide the details right now because I am out of town but reason they said is ineligibility and also provided forms if I would like to appeal.
I don't know what to expect next, what will happen to my GC.
please provide some information about this situation and also if anyone knows good lawyer in northern Virginia area.
Thanks

iam sorry NASH, PLEASE DONT GIVE UP

AND GOOD LUCK TO YOU

 

[DreamUSA]

NashWithLove, i suggest you search this for immigration lawyer:

http://www.martindale.com/

(which includes national rating for experience/ethics:

A combination of the Very High General Ethical Standards Rating and a Legal Ability Rating determines the Peer Review Rating, which includes a numeric rating, rating term and may include a Certification Mark:
AV® Preeminent™ (4.5-5.0)
BV® Distinguished™ (3.0-4.4)

)

I will go with AV rated lawyer. Immigration follows Federal Regulations and Laws (not State/Local regulations), so you do not really need a local lawyer. I will go with a good national lawyer rather than local lawyer. Try to pick 2-3 lawyers practice instead of big firms. Also, you can send an inquiry directly to the attorney.

Another source is AILA - American Immigration Lawyers Association, www.aila.org. They have a referral service.

In any case, do your homework and check lawyer's information/ratings and ask if he/she had a prior experience in a similar case before you sign up for a full service.

My 2 cents.

 

[NashWithLove]

Thanks DreamUSA, yes you are right immigration is federal but if they are in different city they charge more like travel cost etc,
Thanks John Smith 1 for your moral support.

 

[WBH]

Thanks DreamUSA, yes you are right immigration is federal but if they are in different city they charge more like travel cost etc,
Thanks John Smith 1 for your moral support.

I don't know if the appeal can be done by writing alone or not. I also heard
some appeal like appealing to BIA is only at one place nation wide so in that
case even a lawyer in your local area has to travel anyway.

 

[WBH]

Thanks WBH,
.I don't know it is permanent bar.

Is your false employment of that company a material fact for the purpose of granting your visit visa? For example, was your visit a business visit related
to your employment of that company? If yes, that could be more serious,
especially if you did not leave USA and changed yoru status after your entry with that visit visa because USCIS can argue anything you got later started
from a fraud

If your false employment claim is not a material fact, for example, you say
you want to go to USA to visit Yellow Stone Park and you claim falsely that you
work for a comany in yoru country, I don't know why it is still important 10 years later.

 

[WBH]

I think there is no questions in citizenship application about your visa application.

On N400 there is a question like "Have you EVER lied to an immigration
or state of department officer to gain any immigration benefits?". So
false information given on a visa form can be in this category. But
I don't know why employment is a material fact in tourist visa application.
and it is also surprising the IO could easily catch this after 10 years.

 

[ndc121]

If I needed an immigration lawyer, this is the only one I'd go to:
http://www.shusterman.com/

He's in LA, so is unlikely to be able to represent you in person. But at least you could get an accurate assessment of what's going on.

 

[Huracan]

I think you'll need to get in touch with a good lawyer. It is anybody's guess what the implications might be. On the one hand it would seem to be outside of the statutory period, but I think USCIS takes very seriously any misrepresentation done for visa applications. Are you married to a US citizen? How did you get your GC, marriage or employment? I think this is going to be a tough situation, if it was 10 years ago and led to denying your naturalization application you might never be able to naturalize. I hope I'm wrong. That's why a competent lawyer would be useful. I hope people can point you to one or you can check at the AILA website. This is like the original sin, if your entry to the US was based in a lie, it doesn't matter how law abiding you have been since then, that will always be there to give you a headache. I wish there were some statutory periods for these kind of things.

 

[WBH]

I wish there were some statutory periods for these kind of things.

There is no statutory periods for these kind of things (lying to get immigration benefits) because if there were such statutory periods a lot of people would lie
to get certain kind of visa, GC, naturalization first and wait long enough. One could plan in advance well to get around immigration laws. It is different from
commiting a crime/offense which can be sponteneous. So 5 year of statutory poeriod is there only for minor crimes, bad habit (drunkard) etc but not for
lying.

But what I can not understand is that why emplopyment is relevent to a visit visa. Was the OP's visit visa granted because that employment was a precondition for such a visa?

 

[indianexpert]

Do you have kids (us citizens)? most probably you will have passport if you have them after little trouble.

I am surprised they do such old research but wondering why they approved GC than?

 

[ndc121]

If the OP was granted a tourist visa or something similar on the assurance that the OP would return home and USCIS believed the OP would return home because of strong ties - such as employment - that might be the problem.

 

[TheFree]

Before assigning A#, USCIS still stores records on you but they use different identifiers like passport number, visa number, I-94, etc. Once you apply for a GC and get an A#, they locate the other files based on those identifiers and add them to your A file.

It does not take a CG to get assigned an A#. I myself was assigned an A# when I still had a student visa, and believe it or not, the first time I saw it, is when I renewed my visa at the local US consular office in my country. The consular officer wrote it on top of the visa stamp!

True, when you acquire a GC the USCIS gather all your previous files including the one in the embassy/consular office where you first applied for a visa to the US--that's actually your very first immigration file!

 

[Jackolantern]

I don't know why employment is a material fact in tourist visa application.

Employment is one of the most important material facts. Having a job, and the type of job, is a significant indicator of whether you will return to your home country after using the visa. If you're unemployed, your visa application will almost surely be rejected, unless you're a minor or a full-time student or retiree or being supported by a spouse. If you're in a crappy job, you'll also have a difficult time getting your visa approved, although not as bad as if you were unemployed. If you're in a job that pays very well, your chances are very much improved, because they expect that you won't want to leave that good job to become an illegal immigrant in the US.

and it is also surprising the IO could easily catch this after 10 years.

He probably was a 19 year old claiming to be a consultant at IBM. Or something else just as obvious that the original consular officer should have caught but didn't.

 

[Jackolantern]

It does not take a CG to get assigned an A#.

I know that. They can assign an A# anytime they feel like it. But if you didn't have one before applying for a GC, they will assign an A# when you apply for a GC and your prior files will be consolidated under the A#.