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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7864
Experience:  Experienced in all aspects of immigration and nationality law.
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I just recieved a letter denying my N400 application due to

Customer Question

I just recieved a letter denying my N400 application due to a lack of GMC as it was discovered that I never worked for the company that filed my H1B visa for me and as such I was not a legal permanent resident. They are construing this as lying in order to get an immigration benefit since I travelled in and out of the country 3 times on that H1B visa.
I have however since then been in a good faith marrigae to an american and had the conditions on my residency removed just a few weeks prior to the denial.
My question now is that does this denial overturn my lawful permanent residence which just had conditions removed from it?
I do not want to appeal the denial as I know it's correct but does this mean I can never be a citizen or can i reapply later? The denial letter never said anything about re-applying or a cooling off period. Please advise. Thanks, Mike.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.
On what basis did you get your green card? Marriage or employment?
Customer: replied 2 years ago.

Marriage

Expert:  Expert James replied 2 years ago.
Got it.

QUESTION: My question now is that does this denial overturn my lawful permanent residence which just had conditions removed from it?
ANSWER: Not automatically, no. You will receive a notice if this is the case. No actions will be taken against you without your knowledge. This finding may, however, have a bearing on your eligibility to keep LPR status, so do not be surprised if, at some time down the road, you receive a Notice to Appear before an immigration court. But until that time, and until such time that a final decision is made on your case (if any case is brought), you remain a LPR.

QUESTION: I do not want to appeal the denial as I know it's correct but does this mean I can never be a citizen or can i reapply later?
ANSWER: Not necessarily. If the above does not occur, then you wait 5 years from the date considered by the USCIS as the date of the act which shows lack of good moral character.

If, however, you are brought before an immigration court and your LPR status is overturned, you will have to overcome this issue, refile for Permanent Resident status anew, and then apply for citizenship when you are eligible.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please feel free to ask follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!
Customer: replied 2 years ago.

Since my denial came as a result of my 2nd naturalization interview which was conducted rather rigorously after i filed a 1447-B because it had been almost 2 years since the first interview. Is it safe to expect the USCIS to be vindictive and thinking herefore go after my LPR?

I just can't help but think they may be up to something as the letter stating the removal of conditions was not mailed till 12/23 even though it was dated 10/27 and then the denial itself was mailed on 12/21? Can th.ey do this even tough I am legally married with kids and have never committed a crime, misdeamenor or felony?

Thanks

Expert:  Expert James replied 2 years ago.

Since my denial came as a result of my 2nd naturalization interview which was conducted rather rigorously after i filed a 1447-B because it had been almost 2 years since the first interview. Is it safe to expect the USCIS to be vindictive and thinking herefore go after my LPR?

There is absolutely no way of knowing what the thought process is of the USCIS. Each officer makes a determination based on the information provided to them, on a case by case basis. It seems like they may have taken forever to make a decision because they were investigating the H1B violations. They don't have the time or resources to dedicate to being vindictive. They just want to make sure you are following the letter of the law, and that you are not receiving benefits you are not entitled to. If you were eligible to request the 1447 mandamus, then there is no reason for them to be vindictive. But if you violate the law, they will not reward you for doing so, by granting you a benefit you may not deserve.

 

I just can't help but think they may be up to something as the letter stating the removal of conditions was not mailed till 12/23 even though it was dated 10/27 and then the denial itself was mailed on 12/21?

It is quite possible letters for different processes come from different offices, which may or may not know what the other office is doing. It also could be that they went ahead and continued the process, and only punished you by not allowing you to apply for naturalization. They may be doing you a favor by only delaying your naturalization, rather than taking away any immigration status you have, and asking you to leave.

 

QUESTION: Can they do this even tough I am legally married with kids and have never committed a crime, misdemeanor or felony?

ANSWER: Yes. And remember, you committed immigration violations, and possible, immigration fraud, by using the H1B for benefits for which you were not entitled. Also, immigration is completely discretionary in nature. You have no rights until you are a US citizen. Your current status is a privilege.

 

I wouldn't read too much into the issue of dates. Just sit tight and wait to hear something. If it's bad news, then you can confront it head on. But for now, speculating about what any of several USCIS officers may or may not have been thinking at any given time will not be of any use to you.

 

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please feel free to ask follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!

Customer: replied 2 years ago.

One last question. Do you agree with my layman assessment that I should not appeal the denial and only take futher future action if there is an attempt to revoke my LPR?

Thanks again.

Expert:  Expert James replied 2 years ago.
Unfortunately, as the disclaimer directs, I cannot really advise you directly on this matter, as I am not your attorney.

What I can say is that if the USCIS has strong evidence that you have violated immigration laws by acquiring an immigration benefit for which you are not entitled, and they only deny the N-400 based on lack of good moral character, it's probably best to leave it alone and wait out the 5 years to apply for naturalization again.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please feel free to ask follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7864
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 6 other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi. I just read my denial letter over again after our conversation and had a few questions.
Like I stated before, It states that i am not deemed eligible for naturalization because i was not lawfully admitted for permanent residence since I came in with a H1B and did not work for the company. Since i have decided to wait for 5 year and reapply then does this mean I have leave and re-enter lawfully with my green card to establish lawful admission?
Also, does the 5 year wait on my part over ride the fact that the lack of GMC is based on having given false testimony under oath?
Thanks.
Expert:  Expert James replied 2 years ago.
QUESTION: Like I stated before, It states that i am not deemed eligible for naturalization because i was not lawfully admitted for permanent residence since I came in with a H1B and did not work for the company. Since i have decided to wait for 5 year and reapply then does this mean I have leave and re-enter lawfully with my green card to establish lawful admission?
ANSWER: Thank for the clarification. A person not lawfully admitted for permanent resident means you are not a permanent resident. I did not realize the letter actually said "you were not lawfully admitted for permanent residence." That means your green card is invalid and you are neither a conditional resident nor a permanent resident. It means it is quite likely that you will receive a notice to Appear for removal proceedings, I'm afraid. Again, I have no way to guarantee that will be the case, but it is the most likely scenario in this case.

QUESTION: Also, does the 5 year wait on my part over ride the fact that the lack of GMC is based on having given false testimony under oath?
ANSWER: If you are not sent a Notice to Appear before an immigration judge for removal proceedings, then it could. I have no way to predict this. But while the good moral character requirement in the law is for 5 years, an immigration officer can look in all of your history to determine whether they will consider you for naturalization.

I hope I have answered your questions. Please remember to click the "ACCEPT" button, as this is the only way we Experts get credit for working on your questions.

Note that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please feel free to ask follow-up questions.

Also consider leaving me a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer.

Thank you!

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