This is a very weird/amazing case

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Caminante

Registered Users (C)
It was very surprising to know about this case from the very person involved in it.

This is a guy who entered the US 11 years ago and married his US citizen girlfriend. He received a conditional Green Card.

One year after the marriage his then wife cheated on him and he got enraged and divorced her almost immediately (before the 2 year conditional period).

His conditional status has been extended year after year. He filed for US Citizenship (stating that he had been a US resident for over 5 years), same which was neither granted nor denied. Then he filed a writ of Mandamus which was never resolved.

The USCIS sent him a letter stating that his resident status has been revoked and sent his file to an Immigration Judge.

The Immigration Judge agreed with the USCIS statement that his marriage had been one of immigration convenience and ruled against him ordering him to leave the Country.

He appealed the Judge's ruling before the BIA. But guess what???

He just received a letter from the USCIS stating that he will soon be asked to attend a meeting in order to resolve his US citizenship application.

Isn't this situation weird? did any of you know about a similar situation? what must he do? Any input/advice will be appreciated. Thanks,

Caminante
 
Caminante said:
It was very surprising to know about this case from the very person involved in it.

This is a guy who entered the US 11 years ago and married his US citizen girlfriend. He received a conditional Green Card.

One year after the marriage his then wife cheated on him and he got enraged and divorced her almost immediately (before the 2 year conditional period).

His conditional status has been extended year after year. He filed for US Citizenship (stating that he had been a US resident for over 5 years), same which was neither granted nor denied. Then he filed a writ of Mandamus which was never resolved.

The USCIS sent him a letter stating that his resident status has been revoked and sent his file to an Immigration Judge.

The Immigration Judge agreed with the USCIS statement that his marriage had been one of immigration convenience and ruled against him ordering him to leave the Country.

He appealed the Judge's ruling before the BIA. But guess what???

He just received a letter from the USCIS stating that he will soon be asked to attend a meeting in order to resolve his US citizenship application.

Isn't this situation weird? did any of you know about a similar situation? what must he do? Any input/advice will be appreciated. Thanks,

Caminante
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I don't see anything weird here. USCIS did its job and the applicant used the all the legal recourse available.
 
formerf1 said:
I don't see anything weird here. USCIS did its job and the applicant used the all the legal recourse available.
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I thought one needed to be a permanent resident before filing for citizenship.

Another issue is that he is supposed to be in removal proceedings, how come will be end up as a USC with a case pending before the BIA?

I hope he gets it his way as he is a nice guy who was awfully adviced by unfit people.
 
Caminante said:
Another issue is that he is supposed to be in removal proceedings, how come will be end up as a USC with a case pending before the BIA?
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He filed for an appeal of the judge's decision


Caminante said:
.......... he is a nice guy who was awfully adviced by unfit people.
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With his case about to be solved, I guess he is currently getting good legal advice.
 
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On what grounds did he appeal decision? He can't be granted citizenship while in removal proceedings.
 
Caminante said:
He appealed the Judge's ruling before the BIA.
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Is that appeal still pending? If yes, USCIS must have called him for the citizenship interview because they either don't realize he was ordered removed, or their real plan is to arrest and deport him when he shows up.
 
At the citizenship interview he will have to disclose that he's under removal proceeding and his application will likely be denied.
 
Jackolantern said:
Is that appeal still pending? If yes, USCIS must have called him for the citizenship interview because they either don't realize he was ordered removed, or their real plan is to arrest and deport him when he shows up.
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I doubt USCIS will do such thing such as trick someone to come and arrest him.
USCIS can just send a notice to appear or directly send the agent to person's
house to arrest him if the matter is serious enough. But They will not play such
dirty trick
 
WBH said:
I doubt USCIS will do such thing such as trick someone to come and arrest him.
USCIS can just send a notice to appear or directly send the agent to person's
house to arrest him if the matter is serious enough. But They will not play such
dirty trick
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I don't have direct links to the articles, but I've read that it's not uncommon for the USCIS to resort to such tactics.
 
Seriously, would they do that? - wow... I thought it was ICE who would turn up, but only if you've committed a crime etc which it doesn't sound like this person has, or am I understanding wrong?
 
WBH said:
I doubt USCIS will do such thing such as trick someone to come and arrest him.
USCIS can just send a notice to appear or directly send the agent to person's
house to arrest him if the matter is serious enough. But They will not play such
dirty trick
Click to expand...
They have done that with some people. Sending ICE to their home is more dangerous and costly than a surprise arrest at a USCIS office. And there is a higher legal burden in terms of warrants and so on if they are going to break into somebody's home to arrest them. Once in a USCIS office or in a public area it is a lot easier legally to arrest somebody.
 
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They will pick you up if you have been ordered deported but never did and if you voluntarily chose to go and never left. Then when they find your current address they will pick you up but still there is due process, you can appeal that deportation.
But: I know two people who were called in and got arrested at the DO offices but the letters called them for interviews.
So it is likely to call you and get arrested at immigration except one should go with an Attorney and prepared for bond in that situation in case you get arrested.
 
Wow nelsonyiga - that's scary... I haven't done anything, and I will be nervous now for my interview...
 
Jackolantern said:
Is that appeal still pending? If yes, USCIS must have called him for the citizenship interview because they either don't realize he was ordered removed, or their real plan is to arrest and deport him when he shows up.
Click to expand...

The appeal has been filed already; he is supposed to be legally entitled to stay in the Country until the appeal is resolved by the BIA. I guess if he goes to the interview with evidence that the appeal has been filed the USCIS cannot detain him. The immigration judge did not set a bail at all.
 
I wonder if it would be a good idea to go to that interview with a competent lawyer alongside, just in case something happens. Perhaps the lawyer presence might help, in particular to make the case about the appeal to the BIA if it gets to this.
 
TexToBe said:
Wow nelsonyiga - that's scary... I haven't done anything, and I will be nervous now for my interview...
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Why are you nervous? The guy had his green card revoked and was ordered removed by a judge. You aren't in that situation, and you know you haven't done anything criminally, so relax.
 
Caminante said:
The appeal has been filed already; he is supposed to be legally entitled to stay in the Country until the appeal is resolved by the BIA. I guess if he goes to the interview with evidence that the appeal has been filed the USCIS cannot detain him. The immigration judge did not set a bail at all.
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They can't deport him while the appeal is pending, but they can detain him while he waits for the appeal.
 
Caminante said:
His conditional status has been extended year after year. He filed for US Citizenship (stating that he had been a US resident for over 5 years), same which was neither granted nor denied. Then he filed a writ of Mandamus which was never resolved.
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Under what basis can he extend his conditional GC to upto five years?!?


Stoned!
 
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