Urgent help citizenship Denied

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Vickk

Registered Users (C)
Hello I am writing in regards for my mom’s citizenship that has been denied. She gave her interview 2 years ago and was told that she passed her English history and civic exam and was told that she will receive her oath letter by mail once the decision has been reached, now after waiting for 2 years she just received a letter stating that her Citizenship has been denied because you have lied on your application. (Have you ever given false or misleading information to any U.S government while applying for immigration benefits?)
Explanation:
A review of her file shows that her case was applied on 1998 and I-140 (immigration petition for alien worker) was filed by her employer, later in 2001 she got her green card. Once she got her green card she went for a better paying job which her employers didn’t like. Her ex employer than filed a sworn statements stating that they had withdrew the petition and it was suppose to be stopped. Moreover the owner stated that letters submitted were fraudulent and not on their letterhead and contained forged signature. Also submitted were fraudulent taxes that had numbers crossed out and changed.

Now this is a bunch of lie that they have made up, my mom didn’t knew about any of this till today .We don’t know what to do ,would her green card be revoked as well ?can she reapply for her green card when it will expire. The letter stated that she have 30 days to file a request for hearing.
 
How soon after receiving the green card did she leave the employer who filed her I-140?

When did the employer claim to withdraw the petition? Before the green card approval, or after? They don't have any right to withdraw it after GC approval, so their "sworn statement" saying they withdrew it would be useless if they requested the withdrawal after.

If USCIS believes that stuff is true, they may initiate deportation proceedings. She needs to find a lawyer ASAP and appeal, or USCIS will be even more convinced it is true if she doesn't challenge it.
 
You need to contest the denial within 30 days of the decision.
#1. Better find a lawyer quick.
#2. Better start tracking evidence to counter the allegations.

Some thoughts below...

Can you help by clarifying exactly what CIS said vs what are your assumptions with respect to the details you have provided? As part of denial, did CIS mention all statements such as a) employer's sworn statement, b) fraudulent letters, c) tax transcripts etc.?

Tax discrepancies are easily proven by getting IRS tax transcripts ... however, going back 8 years might require additional search time ... not sure if they will turn that around in a couple of weeks. Rather than mailing something, speak to an IRS officer and see what can be done to expedite the transcripts.

BTW, did she work for some employer where the employer filed taxes on your behalf and kept the refund? I have heard of some employers doing it. If yes, is there some evidence of such agreement which can cast doubt on their motivations? I sense this because an employer has no business having your tax returns.

Again, 8 years is a long time, but do you have any email exchanges, paper documents of communication between your mother and either the employer or company lawyer about the GC filing?

If this case has any chance of success, you will need to go all out and locate all evidence to counter these allegations. If you can not get 100% evidence, are there any of her colleagues who have gone through something similar - it is likely you do not know of any situation otherwise you would have filed after thinking, but start tracking those people who left in similar circumstances.

Last, it is very unlikely, but is there any way you can get the employer back on your side? Maybe a partner has moved out? Maybe one of the signatories on the offer letters can vouch for you?

You also need to validate your side of the story. Even though you thought things were kosher, think back and see what other warning signs can you think of. Was the case as clean on your side as you think it is? As Jack said, when did your mom leave the company after getting GC?

** the word "you" in this case might mean "you" or "your mother". Excuse me but I have not taken the time to clean up my wordings.
 
This looks like a case where an angry employer complained to USCIS using false allegations after she left. USCIS received the complaint and disregarded the employer, figuring it is just another vindictive employer who is angry over an employee's resignation. However, they added the employer's accusations to the file.

Now that she applied for citizenship, the IO reviewing her file saw the employer's allegations. Perhaps seeing the allegations in there without any other documents challenging them led them to believe the employer's story. But the IO didn't figure that the lack of counter-arguments in the file is because your mother was completely unaware of the allegations.
 
Hire Sheela Murthy or Rajiv Khanna or Shusterman, big lawyers. They can handle such cases. If what you are saying is true, it is possible that the sponsoring employer perjured herself by lying that your mother forged the documents. Also, you can state that the GC sponsorer never withdrew the petition BEFORE GC approval and that the employer continued to harass her on salaries and created a hostile work environment for her that she had to leave after her GC to work for someone else in the related field and they retaliated in return for it, out of vandetta. You need to reveal this truth to the lawyer and file an appeal. Otherwise, there is a chance her GC might also be revoked.
 
Unless she can provide proof that the employer is in fact lying, there is little recourse for your mom to take.
 
First of all, contact your mom's attorney as soon as possible. Don't wait.

Second, If you have your mom's paychecks, her job offer letter, copy of her I-140/485 (before she got her gc), then it would be a proof that her employer didn't cancel your mom's green card application. Show those items to her attorney.

Third, report to the police that they forged signatures and fraudulent taxes (if your attorney ok'd it).
 
Assuming you/your mother did not commit any fraud in documents etc. as claimed by your employer, this could be a great opportunity to not only contact an attorney for your mothers citizenship (and protecting green card) but also to evaluate the possibility of a law suit against your employer to make good $$$$$$$ (just kidding but who knows :D ). I think the main recourse you have is to fight the allegations and prove them false or to come up with some sort of a compromise with the employer.

If you can post the exact details of what the denial letter states maybe someone here could guide you even further? Good luck.
 
Michael Vikk,

We are waiting on clarification to offer additional guidance on this case. So, come back and offer us some more information...:)
 
Vickk said:
Hello I am writing in regards for my mom’s citizenship that has been denied. She gave her interview 2 years ago and was told that she passed her English history and civic exam and was told that she will receive her oath letter by mail once the decision has been reached, now after waiting for 2 years she just received a letter stating that her Citizenship has been denied because you have lied on your application. (Have you ever given false or misleading information to any U.S government while applying for immigration benefits?)
Explanation:
A review of her file shows that her case was applied on 1998 and I-140 (immigration petition for alien worker) was filed by her employer, later in 2001 she got her green card.
Once she got her green card she went for a better paying job which her employers didn’t like.
-----------------what date your mother got GC? what date she left the employer?
Her ex employer than filed a sworn statements stating that they had withdrew the petition and it was suppose to be stopped.

Moreover the owner stated that letters submitted were fraudulent and not on their letterhead and contained forged signature.
-----------------------The lawyer who filed her I-485 has the copy of what was sumitted to USCIS and employer letter copy will be with lawyer. if the USCIS mean to say that signature on job offer letter are forged then your lawyer can match his signature from other document. if employer said that papers submitted with I-140 were fraudulent then employer is also party to that fraud as I-140 is employer petition and employer submitted the I-140. if employer knew her papers are fraudulent then why did he submit it to USCIS??
Also submitted were fraudulent taxes that had numbers crossed out and changed.

Now this is a bunch of lie that they have made up, my mom didn’t knew about any of this till today .We don’t know what to do
----------------Hire a good lawyer.
,would her green card be revoked as well ?
----------------- if her GC has been approved more than 5 years then read the below link :
26.2 Adjudication Procedures
http://www.stthomas.edu/ipc/legal/ImmigLaw/AFM Feb07/26.2 adjudication procedures.pdf
can she reapply for her green card when it will expire. The letter stated that she have 30 days to file a request for hearing.
Click to expand...
Hire good lawyer and post the full details as on Denial letter.
 
Guys,

To me, the fact that it has taken 2 years from interview to denial letter suggests that USCIS may have been doing some research into the case. That would then indicate they feel they have pretty strong grounds for the denial.

Just an assumption, mind you. :)
 
WhichWay2Go said:
To me, the fact that it has taken 2 years from interview to denial letter suggests that USCIS may have been doing some research into the case. That would then indicate they feel they have pretty strong grounds for the denial.
Click to expand...
No. When it lingers for so long, it is more likely that they have been doing NOTHING with the case, and then it got assigned to somebody who hurriedly processed it in order to get the old case off the table.
 
Dude,

You mum's case read a lot like a case of a jilted lover. Her employer must have felt a real betrayal to go to the extent of lying to the federal govt to screw her. So, unless you have pretty strong evidence to counter these accusations, she better prepare to fight with every ounce of her being to refute these allegations. If she wins her case against USCIS, then she needs lawyer up against this employer and sue. The discovery will be pretty easy for this lawyer, FOIA on your mother case, file a motion to force the employer to turn over all documentation pertaining to your mother's case H1B visa. Any court will rule in her favor on this step, don't settle out of court, juries in this country will 99% find in her favor, especially if the lawyer can soup up the jury with sympathetic pool. "If you were the plaintiff, your employer falsified documentation against you before the federal govt, to ruin your life, wouldn't you seek justice and punishment for the person'? You make the jury the plaintiff with her feelings of anger, works almost all the time. It is possible this isn't the first time this employer has done this against an employee.
 
Jackolantern said:
How soon after receiving the green card did she leave the employer who filed her I-140?

When did the employer claim to withdraw the petition? Before the green card approval, or after? They don't have any right to withdraw it after GC approval, so their "sworn statement" saying they withdrew it would be useless if they requested the withdrawal after.

If USCIS believes that stuff is true, they may initiate deportation proceedings. She needs to find a lawyer ASAP and appeal, or USCIS will be even more convinced it is true if she doesn't challenge it.
Click to expand...


Hey i have no idea but it must be done 6 months after she left her work.
 
sanjoseaug20 said:
You need to contest the denial within 30 days of the decision.
#1. Better find a lawyer quick.
#2. Better start tracking evidence to counter the allegations.

Some thoughts below...

Can you help by clarifying exactly what CIS said vs what are your assumptions with respect to the details you have provided? As part of denial, did CIS mention all statements such as a) employer's sworn statement, b) fraudulent letters, c) tax transcripts etc.?

Tax discrepancies are easily proven by getting IRS tax transcripts ... however, going back 8 years might require additional search time ... not sure if they will turn that around in a couple of weeks. Rather than mailing something, speak to an IRS officer and see what can be done to expedite the transcripts.

BTW, did she work for some employer where the employer filed taxes on your behalf and kept the refund? I have heard of some employers doing it. If yes, is there some evidence of such agreement which can cast doubt on their motivations? I sense this because an employer has no business having your tax returns.

Again, 8 years is a long time, but do you have any email exchanges, paper documents of communication between your mother and either the employer or company lawyer about the GC filing?

If this case has any chance of success, you will need to go all out and locate all evidence to counter these allegations. If you can not get 100% evidence, are there any of her colleagues who have gone through something similar - it is likely you do not know of any situation otherwise you would have filed after thinking, but start tracking those people who left in similar circumstances.

Last, it is very unlikely, but is there any way you can get the employer back on your side? Maybe a partner has moved out? Maybe one of the signatories on the offer letters can vouch for you?

You also need to validate your side of the story. Even though you thought things were kosher, think back and see what other warning signs can you think of. Was the case as clean on your side as you think it is? As Jack said, when did your mom leave the company after getting GC?

** the word "you" in this case might mean "you" or "your mother". Excuse me but I have not taken the time to clean up my wordings.
Click to expand...

Thats exactly what they explained on their letter:

A review of her file shows that her case was applied on 1998 and I-140 (immigration petition for alien worker) was filed by her employer, later in 2001 she got her green card.employer than filed a sworn statements stating that they had withdrew the petition and it was suppose to be stopped. Moreover the owner stated that letters submitted were fraudulent and not on their letterhead and contained forged signature. Also submitted were fraudulent taxes that had numbers crossed out and changed.
 
I contacted her lawyer today and he said he has all her previous paper that he had filed during her petition. We have an appointment tomorrow morning lets see what will happen.
 
Moreover the owner stated that letters submitted were fraudulent and not on their letterhead and contained forged signature. Also submitted were fraudulent taxes that had numbers crossed out and changed[/U]. [/COLOR][/U]

I believe the I-140 and I-485 should be filed by an employer for employee so that the employer made the fraudulent papers and not the employee.
 
Marlia53 said:
I believe the I-140 and I-485 should be filed by an employer for employee so that the employer made the fraudulent papers and not the employee.
Click to expand...
The employer alleged that the OP's mother filed fake papers, pretending to be the employer with a fake company letterhead and fake signature.

The I-140 is strictly an employer document, but the I-485 is really filed by the employee, not the employer. Although most employers will submit and pay for the I-485 after the employee signs it so the employee doesn't have to physically send it him/herself.
 
Marlia53 said:
Moreover the owner stated that letters submitted were fraudulent and not on their letterhead and contained forged signature. Also submitted were fraudulent taxes that had numbers crossed out and changed[/U]. [/COLOR][/U]

I believe the I-140 and I-485 should be filed by an employer for employee so that the employer made the fraudulent papers and not the employee.
Click to expand...

LC/I-140 is filed by Employer and her mother provided her educational certificates and experience letters to employer or employer lawyer. if employer knew that her education degree certificates are fake then why employer submitted fake papers?. If employer knew her papers are fake why did he file LC/ I-140 with her fake papers?. How did employer discover fake papers only after the employer left him and not when employee was working with him? If one works with him then papers are genuine and if one leaves the employer then papers became fake??

With I-485 only job offer letter is required on employer letterhead and employer signature on it. Other papers like passport copy or birth certificate are submitted by alien. why
I don’t know what kind of papers according to employer/USCIS are fake. OP should know if the job offer letter of employer or the papers submitted with I-140 are clamed by employer to be fake.
 
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