New USCIS NTA memo

BigJoe5 said:
On November 7, 2011, USCIS issued updated guidance on its issuance of NTAs and referrals to ICE.

SEE: http://www.uscis.gov/USCIS/Laws/Mem...oranda/NTA PM (Approved as final 11-7-11).pdf
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Could you elaborate more on page 6 section B, about the NSEERS?

During my I-485 I learened that I was suppose to register for the NSEERS, but I didn'd know. back then I got a letter from the USCIS saying I have to register for the NSEERS. I went to the ICE office and registered and they issued NTA for removal proceeding which the IJ terminated. Later, the USCIS approved my I-485. Now, I applied for citizenship, How this will affect my N-400? I did my FPs 10 days ago and I noticed no changes in my online status, most people get updates in around 2 days after FPs, could this be because of that?

Thanks
 
mosamno2 said:
Could you elaborate more on page 6 section B, about the NSEERS?

During my I-485 I learened that I was suppose to register for the NSEERS, but I didn'd know. back then I got a letter from the USCIS saying I have to register for the NSEERS. I went to the ICE office and registered and they issued NTA for removal proceeding which the IJ terminated. Later, the USCIS approved my I-485. Now, I applied for citizenship, How this will affect my N-400? I did my FPs 10 days ago and I noticed no changes in my online status, most people get updates in around 2 days after FPs, could this be because of that?

Thanks
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YOUR situation is ancient history now and is fully resolved. IF anyone is found to have not registered back when it was required is unlikely to even go what you went through. NSEERS was officially repealed. It is now an old minor technical violation that will be swept under the carpet.
 
BigJoe5 said:
YOUR situation is ancient history now and is fully resolved. IF anyone is found to have not registered back when it was required is unlikely to even go what you went through. NSEERS was officially repealed. It is now an old minor technical violation that will be swept under the carpet.
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Thanks
 
Dear Bigjoe,

16 In the Third Circuit only (Pennsylvania, New Jersey, Delaware, and the U.S. Virgin Islands), based on the holding in Garcia v. Att’y Gen., 553 F.3d 724 (3d Cir. 2009), if the alien has been an LPR for at least five years, the alien cannot be placed in removal proceedings for fraud or willful misrepresentation of a material fact at time of adjustment, if USCIS could have learned of the fraud or misrepresentation through reasonable diligence before the five year rescission period expired. Please consult with USCIS counsel if there are questions regarding the applicability of this precedent.


So does the five year rule only apply to those states mentioned? What happens if you lived somewhere else?

USCIS told me they issued my GC by error back in 2005. Applied for n400 in January this year. Went for Interview in may. The officer gave me a congratulation recommended for approval results, but I haven't heard from them since then! I called they said it's still under review! What options do I have at this point in your opinion? Withdraw/ sue/ stay put?
 
SZ77 said:
USCIS told me they issued my GC by error back in 2005.
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When they told you about the error, was it already more than 5 years since your GC was issued? Why/what was the error?

Applied for n400 in January this year. Went for Interview in may. The officer gave me a congratulation recommended for approval results, but I haven't heard from them since then! I called they said it's still under review! What options do I have at this point in your opinion? Withdraw/ sue/ stay put?
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If your GC was issued in error, USCIS can still deny your naturalization because of that error, even if it's too late to rescind the GC based on that error. So if denied on that basis, you would keep the GC although you'd never be able to naturalize unless you surrendered your GC and went through the immigration process again to get a new GC without errors in the process.

It's beyond 120 days since the interview, so you can file 1447(b). But that only forces a decision -- which could be a denial. It's probably not worth the expense and effort of 1447(b) unless you think your case is approvable. Explain the nature of the GC issuance error so we can see if the error was an obvious one or whether it's a subtle one with room for interpretation. Or if it's not an error at all.

Also state how many years had passed between GC issuance and USCIS notifying you of the error. Have you ever been given a NTA since the GC was issued?
 
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Dear Jack,

They notified me after its been 5 yrs of getting the green card. I was married for over 3 yrs and divorced before I got my green card. The delay was due to the change from INS to uscis back in 2002. My adjustment of status interview was approved, i just never got the green card due to the background check! I'm from a middle eastern descent. I never "officially" notified uscis of the divorce; in true honesty that I didn't know what I was suppose to do and what not! They wanted a written notice for which I didn't do.I did however verbally inform them when I went to get finger printed, but apparently that doesnt count to uscis. My ex hadnt notified them either! A few months after the divorce they sent me the green card & it was the 10 yr one!
I have not received any NTA or been placed in removals since they found out! That obviously doesn't mean they wouldn't do it. I just wish someone can fill me in on what they're waiting for or what they can or cannot do!

I am happily married now and just had a new born!

I appreciate your input, thanks!
 
If they decided to leave me alone, will it cause any problems @ POE if I left the country for a few weeks?
 
SZ77 said:
If they decided to leave me alone, will it cause any problems @ POE if I left the country for a few weeks?
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get your facts laid out......

Adjustment rather than entry with an actual visa means that rescission is not an option after 5 years. There is still the deportation charge which invokes grounds of inadmissibility which have NO statute of limitations.

Options would include being granted cancellation of removal and adjustment by an IJ. That requires being placed in proceedings AND being eligible for the relief requested. That would eventually make you eligible for naturalization.

See an attorney before departing the U.S. again. The new memo talks about USCIS and ICE but does not include CBP. CBP can still screw things up.

IF eligible for the relief then Removal Proceedings are desirable. IF not eligible, then a premature visit to the IJ is bad. If there is no other particular reason to try to deport you then it would be a waste to send you to an IJ. IF sending you to an IJ would only reward you then the gov't is not inclined to help you do it.

See an attorney. You might have to request an NTA in order to get relief.
 
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Thanks BigJoe,
I'm trying to analyze what you just told me because I value your opinion! You have given me valuable advises before and I'm hoping that you would do now, so please bear with me!
At this point, I'm trying to figure out if I do fall under the 5 yr rule or not! The answer to this question will help me determine what I can do in the foreseeable future.

If I do not fall under the 5 yr rule and they can recind my GC, what type of reliefe do ou think I can request from the judge? Came as a student in 97, became permed any resident in 2005 with very short trips overseas not totaling 200 days all together! Married to a us wife and we have a us born child. We own our home, pay taxes, never been in trouble or in jail! Would that be enough to convince the judge?

On other hand, if I do fall under the rule and they can not recind my GC, how soon can I get an NTA if I request one?

Thanks
 
SZ77 said:
Thanks BigJoe,
I'm trying to analyze what you just told me because I value your opinion! You have given me valuable advises before and I'm hoping that you would do now, so please bear with me!
At this point, I'm trying to figure out if I do fall under the 5 yr rule or not! The answer to this question will help me determine what I can do in the foreseeable future.

If I do not fall under the 5 yr rule and they can recind my GC, what type of reliefe do ou think I can request from the judge? Came as a student in 97, became permed any resident in 2005 with very short trips overseas not totaling 200 days all together! Married to a us wife and we have a us born child. We own our home, pay taxes, never been in trouble or in jail! Would that be enough to convince the judge?

On other hand, if I do fall under the rule and they can not recind my GC, how soon can I get an NTA if I request one?

Thanks
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Sit down with a lawyer and go lover all the details. You have good options available to move forward.
 
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