Revoke GC?

[lohith]

Q: What are the grounds for Removal?

A: Noncitizens can be expelled for a number of reasons:

There are additional grounds for removal added by the new immigration law enacted in 1996. They include:


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.

So, GC can be recisended If there was a some sort of involuntary false-represenation (no criminal/moral tupitude charges) to obtain Adjustment, even after 5 yr time limit ?

 

[Layperson]

The procedure

Some quick questions for experts..

If they want to revoke your GC, what will they do ?

(1)Will they issue a NOIR ?
(2)Will you receive an updated email message on-line ?
(3)Will you receive an notice by mail (sent to your home address)?

Just being curious about the procedure of NOIR, thanks.

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.

 

[qwertyisback]

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

I already answered q/s in quotes below.

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.

you,TRC and others, if you are suggesting that some Nazi case will be used to deport/denaturalise innocent immigrants... I think nobody can help you people. I think you should right away start worring bout loosing your GC on plane riding/donkey ridings etc. May god help suffering souls to get your GC(or atleast some basic senses, to start with) back

 

[dynobuoy]

Thanks for everyone that replied.

The reason I asked about this is that one of the company got about 5-6 denials on their 140 citing the reason that the company doesn't have the ability to pay. The company's financials had been similar for the past 5 year. But they had about 30 GCs approved over the past 5 years. So the the ones who had their GCs approved were worried that their GCs might be revoked.

Today morning my paralegal replied to my message I left yesterday. She said that revoking a GC due to ability of pay is 'far-fetched'. She hasn't heard about any such thing in her service (she has been in her field for abt 20 yrs) nor she thinks it would be possible as it would open a whole can of worms. She assured that with the current backlog USCIS would not open the approved cases. I mentioned (to her) that USCIS might revoke an approved case, if the find out they approved a petition by an error (based on UNs post). She said that with pending lawsuits against USCIS, they wouldn't come out and say they committed an error as the national security will be questioned and the issue will become major concern.

Again thanks for everyone who responded.

Cheers

-dyno

 

[qwertyisback]

Today morning my paralegal replied to my message I left yesterday. She said that revoking a GC due to ability of pay is 'far-fetched'. She hasn't heard about any such thing in her service (she has been in her field for abt 20 yrs) nor she thinks it would be possible.
-dyno

Exactly thats what its all about. You and others should not be worry bout some Nazi case("special case") for your scenerio. All that matter in such situation is LAW, Sec. 246. [8 U.S.C. 1256].

say they committed an error as the national security will be questioned and the issue will become major concern.

Thats what I am saying all the time. Don't apply such extreme cases for common man immigration issues. For general immigrant, whats in the law is important (for this scenerio Sec. 246. [8 U.S.C. 1256]. ) and for extreme cases, there are G'bay and other avenues.

 

[TheRealCanadian]

you,TRC and others, if you are suggesting that some Nazi case will be used to deport/denaturalise innocent immigrants...

My 3 year old has better reading comprehension than you do.

You suggested that after 5 years a permanent resident is free and clear from fraud and misrepresentation. I merely provided the Nazi war criminals as an example to show that no such safe harbor exists.

Fortunately, illiteracy is not grounds for removal.

 

[qwertyisback]

My 3 year old has better reading comprehension

Ask your 3 year old to post here and you stay busy yourself bout worring some paranormal situation. . Nazi war criminals case is not applicable to general immigrant cases. Period. And that what is confirmed by OP's highly experienced lawyer.


FYI, Resident bully from this forum was threatening one member (on citizenship forum) that her citizenship will be revoked as her parents were traveling every 6 months to protect their GC. She was accused with all obnoxious allegation, compared with criminal gangsters etc by him. In the end , she stopped posting on forums and we lost one more good hearted member and left with bullying guesswork

My whole intention was not to attack you or other but stop this BS at start. Peace.

You suggested that after 5 years a permanent resident is free and clear from fraud and misrepresentation. I merely provided the Nazi war criminals as an example to show that no such safe harbor exists.

I am not suggesting, its in the law Sec. 246. [8 U.S.C. 1256].

 

[TheRealCanadian]

Nazi war criminals case is not applicable to general immigrant cases. Period.

You miss the point I am making, qwerty.

No matter what section of the law you suggest, there is NO forgiveness period for making a material misrepresentation when you immigrate. None. I mention the Nazis as an example, but Nazi attrocities are not the only case.

Remember the 16 questions on the I-485 form? One of them asked if we had participating in war crimes or Nazi genocide before May 8th, 1945. My wife and I rolled our eyes, but there are other questions, like if I had ever been a member of the Communist Party. I, of course, answered no.

Now let's say that when I was 15, I had as a lark joined the Trotskyite Socialist Revolutionary Worker's Party in Canada so I could get a Che Guevara T-Shrt, nothing more. If 10 years from now USCIS finds out, they could conceivably revoke my GC and/or denaturalize me.

I'm not saying this to sound extreme or alarmist. However, if you make a false statement as part of your immigration process and USCIS proves it, there is no grace period. They can go after you 30 years from now. It's that simple. It's the same principle that if CBP catches you as a non-immigrant making a false statement at a POE, they can bar you for life. 99.9999% of us will never encouter that (thank goodness!) but they can still do it.

Same thing here. If you lied about a material fact and USCIS found out, you lose. The 5 years you talk about refers to situations where information was not known.

What I am talking about are situations where you as an alien actively conceal information by deliberately lying. Two different sitautions.

 

[pralay]

I already answered q/s in quotes below.


you,TRC and others, if you are suggesting that some Nazi case will be used to deport/denaturalise innocent immigrants... I think nobody can help you people. I think you should right away start worring bout loosing your GC on plane riding/donkey ridings etc. May god help suffering souls to get your GC(or atleast some basic senses, to start with) back

No. Working in nazi camp is not special case. I guess you followed 2001 nazi guard case. The ground for removal was not because he worked in nazi camp, but he did not mention it while obtaining LPR status. If he admitted, INS would not grant his GC in first place. So INS's argument was his LPR status was not valid in first place. As his citizenship is based on his LPR status, so citizenship should be revoked (as par INS's argument).

 

[pralay]

Thats what I am saying all the time. Don't apply such extreme cases for common man immigration issues. For general immigrant, whats in the law is important (for this scenerio Sec. 246. [8 U.S.C. 1256]. ) and for extreme cases, there are G'bay and other avenues.

"Extreme" is a relative word and it totally depends on US immigration policy on certain circumstance. If you remember infamous Texas raid case where H1 visa holders were detained from their workplace because they did not have I-94 with them. In special registration, people detained and got deported for not filing AR-11. Sound silly? Probably not.

 

[qwertyisback]

No. Working in nazi camp is not special case. I guess you followed 2001 nazi guard case. The ground for removal was not because he worked in nazi camp, but he did not mention it while obtaining LPR status. If he admitted, INS would not grant his GC in first place. So INS's argument was his LPR status was not valid in first place. As his citizenship is based on his LPR status, so citizenship should be revoked (as par INS's argument).

Ok, so as per you, OP's highly experienced lawyer is totally wrong and wasted his 30yrs and has no idea how INS evaluates such cases and absolutely no clue about how INS revoke's GC/citizenship!!!! If OP and others want to buy that, no problems for me. Keep up with your guesswork

 

[pralay]

Ok, so as per you, OP's highly experienced lawyer is totally wrong and wasted his 30yrs and has no idea how INS evaluates such cases and absolutely no clue about how INS revoke's GC/citizenship!!!! If OP and others want to buy that, no problems for me. Keep up with your guesswork

FYI, 30 years was not "wasted" because the person lied while getting LPR status and citizenship, but to prove that he was a nazi guard. The lawyers whole argument was he was not a nazi graud and INS was falsely accusing him so. It's not guesswork. But my other guess was wrong that you knew about this case. It's clear now that you are thowing your statements without knowing the so-called "special case".

 

[qwertyisback]

FYI, 30 years was not "wasted" because the person lied while getting LPR status and citizenship, but to prove that he was a nazi guard. The lawyers whole argument was he was not a nazi graud and INS was falsely accusing him so. It's not guesswork. But my other guess was wrong that you knew about this case. It's clear now that you are thowing your statements without knowing the so-called "special case".

I am talking about 30yrs experience for OP's immigration lawyer and as per you,such lawyer has no clue whatsoever when he adviced OP that he should be fine. But its your mighty guesswork is RIGHT. Bravo, you are wasting your talent on this forum ,some other place(No prizes for guessing ),somebody might throw few bucks for your guesswork .

 

[pralay]

I am talking about 30yrs experience for OP's immigration lawyer and as per you,such lawyer has no clue whatsoever when he adviced OP that he should be fine. But its your mighty guesswork is RIGHT. Bravo, you are wasting your talent on this forum ,some other place(No prizes for guessing ),somebody might throw few bucks for your guesswork .

It seems you have no argument left for the support for your "special case". You missed the point (as usual), and that's why you started linking lawyers credential for the support of your point - without going (or knowing) into the details of specific case. Unfortunately lawyers good credential neither covers your ignorance nor supports as "special case". How many link you have so far? Anything more?

 

[Participant]

I beleive,it seems the issue of revoke after five years will normally will rised only in 'Very serious' issues and not trivial or routine things as they may not have time or resources to go after every thing to ascertain whether it 'holds' ultimately (it may not 'hold' also).
Also,seems,techincally revoking after five years is not fully supported on it's merits alone and they stressed on another aspect of deportation procedures allowance than five years allowance and the intents of the provision.
Also,the stands taken are not entirely similar (seems depending on the perticular cases and arguments) .refer the one case mentioned above and the cases posted in post #20.They are of complex nature than trivial issues.

 

[qwertyisback]

You miss the point I am making, qwerty.

No matter what section of the law you suggest, there is NO forgiveness period for making a material misrepresentation when you immigrate. None. I mention the Nazis as an example, but Nazi attrocities are not the only case.

TRC,
Read following case from this thread (posted by participant)
http://vls.law.vill.edu/locator/3d/Nov1996/96a1453p.txt

In the conclusion , court says as follows
" V. Conclusion
We hold that the running of the limitation period contained in § 246(a) of the Immigration and Nationality Act, 8 U.S.C. Sec. 1256(a), prohibits the INS from initiating deportation proceedings based exclusively on fraud in obtaining the adjustment of status."

Hope it clears any confusion you have whatsoever.

 

[pralay]

I beleive,it seems the issue of revoke after five years will normally will rised only in 'Very serious' issues and not trivial or routine things as they may not have time or resources to go after every thing to ascertain whether it 'holds' ultimately (it may not 'hold' also).

Other way to say, the fishes closer to net get caught. USCIS does not have enough resouces pursue every case proactively. Many time they get caught rather accidentially. For example, yesterday I was reading an article in newpaper where a H1 visa holder from India was deported couple of years back. When he was returning from vacation in Italy, the BCP found a visiting card in all his paperworks where he identified himself as a professional photographer. Then USCIS found his photography website. Then later accused him doing unauthorized work (apart from his H1 job). Event though the person claimed that he never paid for his photographic works, but he was deported anyway. Rather accidential that BCP found his visiting card, but that's life anyway.

 

[usnycus]

So, GC can be recisended If there was a some sort of involuntary false-represenation (no criminal/moral tupitude charges) to obtain Adjustment, even after 5 yr time limit ?

That's what it looks like ....

Check my previous post(s) in this thread ...

 

[TheRealCanadian]

Hope it clears any confusion you have whatsoever.

Note the date. When was Section 212(a)(6)(C)(i) added to the INA?

 

[Participant]

Other way to say, the fishes closer to net get caught. USCIS does not have enough resouces pursue every case proactively. Many time they get caught rather accidentially. For example, yesterday I was reading an article in newpaper where a H1 visa holder from India was deported couple of years back. When he was returning from vacation in Italy, the BCP found a visiting card in all his paperworks where he identified himself as a professional photographer. Then USCIS found his photography website. Then later accused him doing unauthorized work (apart from his H1 job). Event though the person claimed that he never paid for his photographic works, but he was deported anyway. Rather accidential that BCP found his visiting card, but that's life anyway.

This could have resulted in the opposite way also,if he could contest legallly
and have sufficient grounds to prove .This may not also mean true with any body who ever photographs happens.Proper Substance in the matter may be ticker and may not be a proof just on assertions.Any way ticker is a ticker for problems and a trouble path to prove/disprove later.