Revoke GC?

[dynobuoy]

Can USCIS revoke an approved GC? Suppose if the company's financial is screwed up (i.e. they never had the ability to pay etc), could USCIS revoke all the previous GCs issued by that company?

Apart from fraud, under what other circumstances could the GC be revoked?

TIA
dyno

 

[qwertyisback]

The recission rules quoted by unitednations deal with CIS mistakes. If CIS makes a mistake by approving a GC that should not have been approved, they can revoke the approval up to 5 years later.
In cases of fraud by the beneficiary, they can revoke it even later. Their position is that if the GC was aquired by fraud, it actually never was acquired. Therefore, there is no statute of limitation on immigration fraud. And they have revoked GCs and citizenship of people who lied on their GC applications, sometimes decades later.

Just a guesswork?? Sec. 246. [8 U.S.C. 1256] doesn't say anything like that, it clearly gives amenesty to all GC holders after 5yrs. Support your argument with law or shut up and don't misguide members with your guesswork.

 

[TheRealCanadian]

Just a guesswork?? Sec. 246. [8 U.S.C. 1256] doesn't say anything like that, it clearly gives amenesty to all GC holders after 5yrs. Support your argument with law or shut up and don't misguide members with your guesswork.

Instead of calling people names, you might explain why all of those old Nazi war criminals get denaturalized and deported after 50 years..... Specifically because they lied and committed fraud when they immigrated back in the 1940s and 1950s.

 

[harvydonald]

I know of one person who lied when he got his GC, after five years became a naturalized citizen, was arrested on some criminal charges, and it was found that he lied (presented fake documents) to get his green card. He was de-naturalized and deported. It was an immigration judge who made that decision.

 

[chennai_vaasi]

I had this question when I was reading this thread... I was wondering what happens when a person is "de-naturalized". For example, citizens from certain countries who are naturalized to become US citizens, loose their home country citizenship. If suc people are denaturalized, do they gain their original home country citizenship? If not, where would they (have to) go after deportation?

 

[TheRealCanadian]

If suc people are denaturalized, do they gain their original home country citizenship?

That's up to the original home country.

If not, where would they (have to) go after deportation?

To whichever country will take them. If they are a war criminal, then usually the home country is very interested in taking them, citizen or not.

 

[lohith]

If CIS makes a mistake by approving a GC that should not have been approved, they can revoke the approval up to 5 years later.

This GC/citizenship recissions are not as trivial as USCIS denials by adjudicators. Regular USCIS adjudicators dont have authority to do these (GC/denatulization)recissions.

It should come from immigration judge(can appeal to Attorney General) after full course of trials/hearings.

 

[qwertyisback]

Instead of calling people names, you might explain why all of those old Nazi war criminals get denaturalized and deported after 50 years..... Specifically because they lied and committed fraud when they immigrated back in the 1940s and 1950s.

Where did you see name calling in my previous post??You are just assuming and I am also assuming its just guesswork unless supported by law.

Sec. 246. [8 U.S.C. 1256](posted by unitednations) don't say anything like that (or exactly apposite to that). Regarding Nazi cases, right, for such cases ,national security/interest takes precedence, if situation arises, government can put you in G'bay without any reason... But that doesn't mean that its common norm, those are just special cases and treated differently, Thats it.

If such BS doesn't stopped now, very soon, extra wise members on this forum will convert it into something like this " if you did some mistake (e.g wrong travel dates) on GC/citizenship form, you will deported/blah blah ". Better stop this BS at start.

 

[TheRealCanadian]

But that doesn't mean that its common norm, those are just special cases and treated differently, Thats it.

For someone who insists on seeing the exact law, you have a remarkably casual way of dismissing the example I mentioned.

The "special case" you refer to was the fact that there is no "amnesty after 5 years" as you claim when it comes to fraud.

 

[qwertyisback]

The "special case" you refer to was the fact that there is no "amnesty after 5 years" as you claim when it comes to fraud.

I am not claiming anything, Its in the LAW, Sec. 246. [8 U.S.C. 1256]. And the example what you have given is a "special case"(if you care to read it, those deported person actually worked in nazi camp.... thats why its special case), not common norm. Period.

 

[pralay]

I am not claiming anything, Its in the LAW, Sec. 246. [8 U.S.C. 1256]. And the example what you have given is a "special case"(if you care to read it, those deported person actually worked in nazi camp.... thats why its special case), not common norm. Period.

What makes it special? Even the "harvydonald's example is special too?

 

[TheRealCanadian]

What makes it special? Even the "harvydonald's example is special too?

It's special because qwerty says so. There's a section of the INA allowing him to make this claim.

 

[pralay]

This GC/citizenship recissions are not as trivial as USCIS denials by adjudicators. Regular USCIS adjudicators dont have authority to do these (GC/denatulization)recissions.

It should come from immigration judge(can appeal to Attorney General) after full course of trials/hearings.

GC is issued by USCIS (not judge). So USCIS does have authority for recissions.

The thing is that, eventually this kind of USCIS decision end up being going to immigration court thru appeal, where judge either upholds USCIS decision or reject it. If the person does not appeal, USCIS's decision for recissions remains.

 

[Participant]

GC is issued by USCIS (not judge). So USCIS does have authority for recissions.

The thing is that, eventually this kind of USCIS decision end up being going to immigration court thru appeal, where judge either upholds USCIS decision or reject it. If the person does not appeal, USCIS's decision for recissions remains.

I remeber read some where,Specifically the Denaturalization aspect doesn't rest with CIS but with a judge(revoking naturalization).Also,seems there was a move/plea to shift it to CIS but
it was opposed.(Do not rember the link).Not sure with GC and judge axis.

 

[pralay]

I remeber read some where,Specifically the Denaturalization aspect doesn't rest with CIS but with a judge(revoking naturalization).Also,seems there was a move/plea to shift it to CIS but
it was opposed.(Do not rember the link).Not sure with GC and judge axis.

After getting citizenship, person is not in USCIS jurisdiction anymore. Hence, USCIS cannot revoke citizenship. Instead USCIS itself can go to court and appeal for revoking citizenship. Howver, GC is still in USCIS jurisdiction and can be revoked without going to court.

 

[PremChopra]

For qwertyisback:

When you say RC has given an example of "special case". Just keep in mind that the cases will be rescinded/deported or de-naturalized will always be special cases.

If it starts happening casually then anyone is rescinded for anything.

 

[Participant]

Arguements in a case --five year period limit

See the link:
http://pacer.ca4.uscourts.gov/opinion.pdf/031352.P.pdf
Anoter one detailed on five year limit admissability;
http://vls.law.vill.edu/locator/3d/Nov1996/96a1453p.txt

 

[usnycus]

See Inline ...

Can USCIS revoke an approved GC? Suppose if the company's financial is screwed up (i.e. they never had the ability to pay etc), could USCIS revoke all the previous GCs issued by that company?
... I have never heard of such case.

I rememeber back in 1998, USCIS (then INS) black-listed couple of companies for fraud and barred them from doing any H1-B cases. But nothing they did to the employees who were then holding H1 visas from the black-listed employer(s).

Apart from fraud, under what other circumstances could the GC be revoked?
... Beside fruad, one can get deported for
a) criminal convictions; either committed felonies or "crimes of moral turpitude"



TIA
dyno

 

[usnycus]

Q: What are the grounds for Removal?

A: Noncitizens can be expelled for a number of reasons:
-- A person who entered the country on a temporary visa, that has since expired.
-- A person who has entered the country illegally.
-- A person who has violated immigration laws.
-- A long-time immigrant who has a green card can be expelled if they commit a crime, or have committed a crime in the past.
-- There are many grounds for removal, which arise out of economic, moral, political, security, health, criminal, or other concerns.

There are additional grounds for removal added by the new immigration law enacted in 1996. They include:
-- Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws (even for employment purposes).
-- Conviction for a crime that was the result of domestic violence, stalking, or child abuse.

Although a person may be able to seek a waiver of removal in certain circumstances, there are some grounds for removal that can not be waived.

 

[usnycus]

Also:

Once you gain a U.S. citizenship, you cannot be deported or lose your citizenship even if you commit a crime or choose to live elsewhere in the world, unless you misrepresented yourself to get citizenship or were ineligible at the time.

But, just be careful with past:

http://www.dawn.com/2005/01/06/top11.htm