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  • Retaining (old) copies of immigration documents after naturalization?

    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.

  • #2
    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

    Comment


    • #3
      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.

      Comment


      • #4
        Originally posted by R78 View Post
        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
        While everything you say is true. You might as well realize several 100 of people has lost their citizenship since 2017. USCIS went back and look for mistreatment in their application and revoke their citizenship. There was a big article about it. The best course of action, as you said, is to scan all essential documents (namely approvals) and save them. You never what an administration can decide in the future. We have seen a lot over the past few years.
        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


        • #5
          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


          • #6
            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.

            Comment


            • #7
              Originally posted by R78 View Post
              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"
              I actually personally know 5 cases of citizenship that were revoked and deported to my country this year alone. Not for high crime or conspiracy. Honestly, it is a lot easier right now as we speak to revoke citizenship. The data are available and it is public. Now granted if someone knows the laws and have the money to fight with good lawyers, he/she is unlikely to get deported. But most people who are in this situation are afraid and do not have the resources to fight. By the way, are you aware of citizen born that are also being deported to the country of the parents? I know 2 cases. One of them has been allowed to return in USA. This should have never happened but it did.
              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


              • #8
                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


                • #9
                  Originally posted by R78 View Post
                  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
                  Thank you.

                  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.

                  Comment


                  • #10
                    Originally posted by Tibwa View Post
                    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 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.
                    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.
                    Opinion only. Cannot be construed as legal advice.

                    Comment


                    • #11
                      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.
                      For the record, I am NOT Mexican, or Latino. As I said, I came here on F-1 Visa for masters in Science (GMAT and GRE taken before coming here as anyone else)
                      . 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

                      Comment


                      • #12
                        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.

                        Comment


                        • #13
                          Originally posted by R78 View Post
                          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.
                          I know the family very well. Parents are naturalized citizen and he was born in the State. FYI- some parents have their own deported :-)... I know it looks odd but I know a case like that.
                          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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