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Please advice! Need help asap!
Hello everyone I really need an advice right now before I consult a lawyer regarding me and younger brother's case. We filed for a citizenship last year and it was denied due to the grounds of both us got our green card even my stepdad passed away and we didn't report it during applying our green card 6 years ago. I'm 25 years of age now and my brother is 4 years younger. I just turned 18 when we got interviewed and answer their questioned honestly during the interview but it was never asked if my stepdad passed away and we got our Cg approved. My stepdad passed away after everything else was approved before the interview from the US embassy on my country I came from. My mom who was on a stage of bereavement and depression when my stepdad passed away and genuinely forgot to notify and didn't think it was necessary to notify them of his death as petition was approved already and is just awaiting for the interview. If she knew it'll be like this, she could of filed the petition to us instead that time as she had a go already. My petitioned was applied when we were minors. I barely understand what was going on that time during the interview and my mom badically the one completed all the papaerworks. When we applied for removal after getting our green card, My mom attached death certificate of my stepdad and got a new green card. We thought that we notified them alr day as we gave the copy of his death certificate during removal proceedings of conditional status. After few years past me and my brother decided to apply for naturalization as we are planning of voting and travel to Europe with my family. Now that our case is denied and caused so much sadness on my family, we don't know what do do next as we can be deported I believe in our state as the letter stated that we were not supposed to get a green card in the first place. Please help! This is kind of depressing.
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Please correct me if I don't state accurately your situation:
1. You went to your visa interview after your stepdad, the petitioner, passed away. If you had sought and obtained advice. you could have been told that you could have used another relative as a substitute sponsor.
2. So you subsequently applied for Naturalization, and the reviewer discovered that your stepdad was deceased when your were interviewed for a visa (or Green Card).
3. Your naturalization was denied because the interviewer determined that you had been approved for your Green Card when your petitioner, your step dad, was deceased. This means that you obtained a benefit (Green Card) by misrepresenting your petitioner's status (he was deceased). Because of this conclusion by the reviewer you are now threatened with deportation or removal from the U.S.
You will need legal representation at an immigration court hearing to fight loss of your Permanent Resident status to avoid being given a deportation or removal order. Your description of the problem includes rationalization and blaming, but lacks specific details and dates. An experienced immigration attorney may be able to sort this out better than anyone replying to your forum post, as you haven't given us enough detail to offer a clear solution.
--Ray B
Originally posted by Hydrage12 View Post -
reply to reyb:
thank you so much for your response Sir. Yes that was was quite accurate. I believed we assumed that they knew that my stepdad passed away during removal of conditional status 2 years after we got our temporary green card. After 5 years, we applied for citizenship. Now i got a letter from INS that our naturalization was denied and we can appeal if I want to but im not sure how that works. Im scheduled for an Infopass this friday. It's a mistake that we could have avoided in the first place it was just so much going at that time. My stepdad passed away on August 2008, our petition was appoved on june 2008 and our interview was on december 2008. Is there anyone who have the same experience that we're having and could advice or any questions I should ask during the infopass. thank you so much!Comment
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I've had a similar experience of an understatement of prior marriages (during K1 processing) coming up during Naturalization interview. USCIS denied Naturalization and threatened to deport the applicant (and her children).
It was later fixed with attorney representation at an Immigration Court hearing, but cost a big chunk of money for the attorney.
I doubt that the INFOPASS will help you. The officer cannot give legal advice, and he will probably tell you to get an attorney. Contrary to my usual advice to avoid hiring attorneys for simple form procedures, this is a situation where you need experienced legal representation, but by an attorney who will speak up and knows the regulations. Even immigration attorneys show up for these hearings and are afraid to speak up for you, usually because they haven't a clue about how to fix this problem.
--Ray B
Originally posted by Hydrage12 View PostComment
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Yours is somewhat similar situation to mine. If you only received a letter of denial without a Notice To Appear letter attached to the denial letter that means they will leave you alone and not revoke your green card. If you do poke the bear and apply again they will deny your n-400 and issue you NTA. I.j will decide your case and take jurisdiction of your case, which most likely will play in your favor as long as you don't have any criminal record. But be ready to wait a couple of years & drop about $7k to a lawyer if you end up in court.Comment
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