I became a naturalized US citizen in July of 2020. I'm wondering how long I should keep holding to all of the copies of my old immigration documents and copies of the stuff sent in to USCIS over the years.
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Retaining (old) copies of immigration documents after naturalization?
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They do audited people from time to time. I think you should keep all your approvals. These are the main things they would always ask for. copies of applications and supporting documents may be shred- I think.05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
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USCIS can only audit cases upto and including green cards
Once you become a US citizen, USCIS has no authority to audit you, ask for docs or revoke your citizenship.
If they find a grave issue with your case, they have to file a complaint in a US District Court (not immigration court) which is part of our independent judicial system (unlike immigration court which fall under DOJ).
Only such a court can can de-naturalize you (very rare for USCIS to file such cases and the bar is high - Example: you committed war crimes, lied about serious felonies, etc. ). You have the right to appeal and go all the way to the supreme court if you want.
I would recommend that you save a copy of your green card & citizenship application just for reference. You can throw out the rest.
I personally scanned all my immigration docs, put them on a zip drive and stored it in safe place
Opinion only. Cannot be construed as legal advice.
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Originally posted by R78 View PostUSCIS can only audit cases upto and including green cards
Once you become a US citizen, USCIS has no authority to audit you, ask for docs or revoke your citizenship.
If they find a grave issue with your case, they have to file a complaint in a US District Court (not immigration court) which is part of our independent judicial system (unlike immigration court which fall under DOJ).
Only such a court can can de-naturalize you (very rare for USCIS to file such cases and the bar is high - Example: you committed war crimes, lied about serious felonies, etc. ). You have the right to appeal and go all the way to the supreme court if you want.
I would recommend that you save a copy of your green card & citizenship application just for reference. You can throw out the rest.
I personally scanned all my immigration docs, put them on a zip drive and stored it in safe place05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
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This is a direct quote from AILA:
"In February 2020, DOJ announced the creation of a section dedicated to denaturalization cases. Noting that, “While the Office of Immigration Litigation already has achieved great success in the denaturalization cases it has brought, winning 95 percent of the time, the growing number of referrals anticipated from law enforcement agencies motivated the creation of a standalone section dedicated to this important work.”
05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
Comment
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2019: approx 830,000 people naturalized.
The hundreds of cases you are referring to are the very old ones where people lied about crimes / changed names to obtain citizenship (significant material fact concealment)
As USCIS and Federal agencies started computerizing fingerprints (old), they are now realizing that some of these people "hid" material facts. and therefore a spike in "de-naturalization cases"
The 2017 Supreme court decision provided a lot more clarity on "material" facts, which makes the bar really high from a proof of burden perspective.
The process itself is very expensive for USCIS, as they need to do the investigative work, obtain evidence against the "citizen" and prove it in a court.
While I have stated that scanned documents are a good idea, this is not the same.
I would have agreed with you on greencard / h1 / other revocations as this only involves a NOID from USCIS and the "beneficiary" needs to prove their innocence (guilty until proven innocent)
For a citizen, it is "innocent, until proven guilty"
Opinion only. Cannot be construed as legal advice.
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Originally posted by R78 View Post2019: approx 830,000 people naturalized.
The hundreds of cases you are referring to are the very old ones where people lied about crimes / changed names to obtain citizenship (significant material fact concealment)
As USCIS and Federal agencies started computerizing fingerprints (old), they are now realizing that some of these people "hid" material facts. and therefore a spike in "de-naturalization cases"
The 2017 Supreme court decision provided a lot more clarity on "material" facts, which makes the bar really high from a proof of burden perspective.
The process itself is very expensive for USCIS, as they need to do the investigative work, obtain evidence against the "citizen" and prove it in a court.
While I have stated that scanned documents are a good idea, this is not the same.
I would have agreed with you on greencard / h1 / other revocations as this only involves a NOID from USCIS and the "beneficiary" needs to prove their innocence (guilty until proven innocent)
For a citizen, it is "innocent, until proven guilty"05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
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Honestly, I have been living in this country for 20 years and finally start my AOS through my dad. From F1, to OPT, H1Bs and TPSs, I have scanned and preserved everything USCIS has approved on my behalf and my my family (wife and daughter). Since the day I got here, I know the burden of proof is me. Ask me for anything about my family and my immigration status and give me 2 minutes, I will pull them for you. I have 8 EADs and 1 OPT cards.Last edited by Tibwa; 08-23-2020, 05:46 PM.05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
Comment
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Originally posted by R78 View PostUSCIS can only audit cases upto and including green cards
Once you become a US citizen, USCIS has no authority to audit you, ask for docs or revoke your citizenship.
If they find a grave issue with your case, they have to file a complaint in a US District Court (not immigration court) which is part of our independent judicial system (unlike immigration court which fall under DOJ).
Only such a court can can de-naturalize you (very rare for USCIS to file such cases and the bar is high - Example: you committed war crimes, lied about serious felonies, etc. ). You have the right to appeal and go all the way to the supreme court if you want.
I would recommend that you save a copy of your green card & citizenship application just for reference. You can throw out the rest.
I personally scanned all my immigration docs, put them on a zip drive and stored it in safe place
This answers my question. I'll take your advice and retain electronic copies of ALL documents indefinitely (just in case); while shredding the physical copies. Obviously, any APPROVAL notices I've ever received shall be retained both as electronic copies, and the physical originals.
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Originally posted by Tibwa View PostHonestly, I have been living in this country for 20 years and finally start my AOS through my dad. From F1, to OPT, H1Bs and TPSs, I have scanned and preserved everything USCIS has approved on my behalf and my my family (wife and daughter). Since the day I got here, I know the burden of proof is not me. Ask me for anything about my family and my immigration status and give me 2 minutes, I will pull them for you. I have 8 EADs and 1 OPT cards.
Yes, I have known of cases where people "born in the US" have been deported. These instances include those who lived in Mexico (near the US border) had their birth records fraudulently created / in the US by midwives and passed on to the parents of the child in Mexico for a fee. Detailed investigations proved the fraud and therefore deported (after going through due process)
I have also known of cases where Fradulant claims to Asylum, Persecution, TPS etc. have resulted in deportations.
Having saved all your records only goes so far. In your case, yes it matters, as you are not a citizen. You will be subject to RFE, NOID & immigration courts where the proof of burden is on You and not the Government.
For US citizens, it is different. The proof of burden is on the Government.Opinion only. Cannot be construed as legal advice.
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Originally posted by R78 View Post
Since you are using "derivative Immigration" (AOS through your Dad), Yes. If anything happens with regards to his Citizenship, you will automatically lose all your benefits as well. A lay person or someone who knows you could easily assume you were "deported" for no reason, when in fact there was a clear reason to do so.
Yes, I have known of cases where people "born in the US" have been deported. These instances include those who lived in Mexico (near the US border) had their birth records fraudulently created / in the US by midwives and passed on to the parents of the child in Mexico for a fee. Detailed investigations proved the fraud and therefore deported (after going through due process)
I have also known of cases where Fradulant claims to Asylum, Persecution, TPS etc. have resulted in deportations.
Having saved all your records only goes so far. In your case, yes it matters, as you are not a citizen. You will be subject to RFE, NOID & immigration courts where the proof of burden is on You and not the Government.
For US citizens, it is different. The proof of burden is on the Government.
. My dad has been in US citizen for more 25 years. My case only takes that long because it is based on F-3. I know people who are born in America ( they have nothing to do with the border) that were deported. As I said, one of them was able to return after $ thousandths in lawyer fees. The other one is still fighting. He was in jail for drug used and they decide to deport him upon released him from prison and I know this was wrong since he was born here.05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
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I did not say you are Mexican or Latino
You cited general examples, so did I
Regarding the drug arrest and deportation, how do you personally know that he / she is a US citizen ? People leave out a lot of details when making claims.
There was a person in her 50's who tried to run for local elections, only to find out she was really never born here. Parents were long gone and no one ever told her she was a US citizen.Opinion only. Cannot be construed as legal advice.
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Originally posted by R78 View PostI did not say you are Mexican or Latino
You cited general examples, so did I
Regarding the drug arrest and deportation, how do you personally know that he / she is a US citizen ? People leave out a lot of details when making claims.
There was a person in her 50's who tried to run for local elections, only to find out she was really never born here. Parents were long gone and no one ever told her she was a US citizen.05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
05/13 Rejected due to lack of I-864
05/27 resubmitted with explanation
06/03 Rejected again-same reason
06/13 Resubmitted with I-864
07/07 Lockbox emailed back and ask to resubmit
07/09 Filings accepted with PD 05/08/20 (nice)
08/06 Prior biometrics applied to I485
08/28 Took biometrics for I-765 only
09/28 I-765's Cards Ordered
10/02 EAD/AP received
04/12 Interview Sched
05/11 Interview done approval on the spot but no USCIS update online
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