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My brother n400 was denied as the uscis stated that when he…

Customer Question
Hi my brother n400...

Hi my brother n400 was denied as the uscis stated that when he applied for n400 his wife was not ll bing together

Lawyer's Assistant: Have you talked to a lawyer yet?

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He traveling from Pakistan after 5 months and will his i751 will be affected as they think that he's given false statement for his n400 and i751

Submitted: 9 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/10/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,994
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

So his I-751 was approved but he separated from his spouse during that time? And then he applied on the N-400 and was denied because they think his marriage was false?

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

When did he FILE the I-751? When did he separate from his spouse? When did he file for divorce? When was the I-751 approved?

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Customer reply replied 9 months ago
Can you cal me
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

It is an extra fee for a phone call and your bank or credit card declined it. Sometimes when a bank or credit card company sees two back to back charges like that, (the first for the question and answer session and the second for a phone call), they think it is fraud and they don't let the second one go through.

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Customer reply replied 9 months ago
He applied for i751 in 2010 and they got separated in 2016 as his i751 was delayed and he got approved in July 2015 in the middle lawyer applied for n400 and that was also delay for 4 year then we did the case in 2017 to get the answer from immigration
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

But his I-751 was approved BEFORE he separated? You said I-751 was approved July 2015 but they separated in 2016? When in 2016?

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Customer reply replied 9 months ago
I need an answer
Customer reply replied 9 months ago
The last question I asked answer me that plz
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

I need more information to give you an answer. Please be patient. There is no reason for you to not be patient. You are not charged per question, per response, nor per answer. You are also not limited to time. Do you go to a doctor and say, "Hi Doc, I have a stomach ache" and expect the doctor to not ask you questions about where it hurts, how it hurts, when it started, your diet, etc.? So please help me do my job. Help me get you the right answer. So I will as again. His I-751 was approved BEFORE he separated? You said I-751 was approved July 2015 but they separated in 2016? When in 2016?

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Customer reply replied 9 months ago
it was approved before they got separated and divorce is still in process not completed yet .i751 was approved in 2015 and they got separated in 2016
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

How many months after I-751 approval did they separate?

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Customer reply replied 9 months ago
After 10 a year but uscis think that this marriage is false and he has given wrong statement for living together
Customer reply replied 9 months ago
Sorry after a year his 751 was approved
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Ok. They were married a long time. Why do they think there is fraud? What did they ask? What did he respond?

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Customer reply replied 9 months ago
I can email u the denial notice send me your email address
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

That is also an extra fee but you can block out his personal information, scan it and upload it here.

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Customer reply replied 9 months ago
I don't have any scanner
Customer reply replied 9 months ago
I can only forward it and past it
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Then just explain why they denied him and if they referred the case to ICE to start deportation proceedings.

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Customer reply replied 9 months ago
No the case his not handed to ICE or any deportation .he is out of country he's coming tomorrow after 5 months
Customer reply replied 9 months ago
Plz read this file and ans me back
Customer reply replied 9 months ago
Did you receive the file
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Yes. Please be patient. I help other customers at the same time as well. Also, I may lose connection at any moment as I an in Miami and I assume you know what is happening down here at this time. Thank you for your patience while I review what you have sent.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Ok. Right now, they have just determined that he was not eligible for Naturalization because when one applies with 3 years of Residency instead of 5 years of Residency, one must prove that they are still legally married with the intent to build a life together. So just on that, they would have denied the case because they are no longer intending to build a life together. He made matters worse by lying to them trying to give them the impression that they were still going forward with their marriage. Lying is bad moral character so they would also deny Naturalization for that. And finally, it looks like they have enough evidence to prove that they were not living together during the I-751 process which may cause a revocation of his Residency. For the moment, they only denied his N-400. Unless he thinks he can prove that they are wrong with the three things that they listed, he should probably leave it alone. He should file the N-336 if he thinks he can at least disprove the last thing which is that they say that he lied about them living together and being in a good marriage when the I-751 was processed and that he forged her signature. If they do decide to place him in Removal Proceedings for deportation, he will have a chance to prove to the Immigration Judge that he did not lie, that he did not forget his spouse's signature and that it was a real marriage. If he cannot convince the Immigration Judge, he will most likely be deported.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 9 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 months ago

Thank you for your kindness and respect. Good luck to you.

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