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Applied for citizenship but was denied - HELP Please

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  • Applied for citizenship but was denied - HELP Please

    I became a legal permanent resident in October 2010. I was petitioned by my Mom (permanent resident at that time) and applied through the visa waiver. On March 2016, I applied for my citizenship N-400. I went to the interview and passed the civil and written test but was then told that my application was being denied because they found an error in my application from 6 years ago when I applied for my permanent residence. Basically, they told me that the immigration officer should of never granted me status back then because a form that he made me fill out (Supplement A to I-485) did not apply to my case. I'm married to a US citizen for 2 years now and I will most likely re-apply for my permanent residence through him; but what happens to my current green card? Do I need to fill out a form to get that revoked? I travel internationally for work and this has not been easy for me.

  • #2
    Perhaps they do have reasonable grounds to believe you were granted permanent residence in error. You entered as a Visa Waiver Tourist, so it is unlikely that you remained in status while your adjustment of status application was adjudicated

    Assuming your permanent residence is void ab initio, you should consider if you are eligible to adjust status today on the basis of your marriage to a US citizen. Ordinarily, if you entered on visa waiver and then overstayed, you'd be eligible to apply for adjustment of status on this basis. However, you may have - since admission - triggered one or more grounds of inadmissibility by travelling abroad (after having accrued excess unlawful presence), engaging in crime, etc

    I would get the ball rolling by filing Form I-485 concurrently with your spouse filing Form I-130, along with the usual other forms. You know, as if you had never became a permanent resident in the first place. You can then furnish a Form I-407 affirmative abandonment of your permanent residence to your adjudicating officer during your adjustment interview. If USCIS refers the case to ICE to move for your removal, you can instead apply for adjustment of status as a form of relief from removal in immigration court

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    • #3
      I don't understand what you mean by "applied through the visa waiver". Do you mean that you entered the US on the Visa Waiver Program? Or you were out of status? or what?

      I-485 Supplement A is for 245(i). Basically, people who were once the beneficiary of a petition filed before 2001 are grandfathered, and they are exempted from many of the bars to AOS if they later file AOS (if they qualify for some basis to file AOS later). How did it "not apply to y our case"? Were you not the beneficiary of a petition filed before 2001?

      This is my personal opinion and is not to be construed as legal advice.

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