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  • Complicated case. Need professional advice.

    Hello. This is a great site and I've always appreciated good advice from credible folks. Please take a moment and review my case/timeline:

    2005: I obtained 10 yr GC (marriage based)
    ***10 yr GC was issued after I got divorced.

    January, 2010: I applied for N-400.
    ***Immigration officer told me that my LPR status is not valid because it was issued after the divorce took place. But no action was taken against me by uscis.

    July, 2010: I withdrew N-400 application and applied for I-485 based on my current marriage with usc & 3 children.

    December, 2010: I-485 got denied. Reasons: the system shows that I'm LPR & there's no record of showing my status been revoked.

    January, 2011: applied for second N-400 application.

    June, 2012: Second N-400 got denied & I was placed in removal proceedings because my LPR was issued after the divorce.

    January, 2015: Removal proceedings got terminated by the immigration judge. My lawyer did not ask for any type of relief from court. Judge ordered to terminate proceedings, & adviced I can pursue benefits from cis without prejudice.

    May, 2015: I applied again for I-485.

    July, 2016: I-485 got denied.

    Reason/Decision: Records show I was put in removal proceedings. Removal was terminated by immigration court & my status is reverted back to LPR as of January, 2015 and that during the time of my I-485 interview I was already LPR.

    I did info-pass and asked a gentlman in the office if they would deny my N-400 for the third time for the same reason it got denied before. His response was: he can't answer my question, but their system shows I'm LPR & that I'm free to apply for N-400 if I chose to do so. He also adviced that I file I-90 to renew my GC because it's been expired over a year.

    My question to experts:

    (1) Can I take a shot at N-400 again with assumption that I have a strong chance of approval after the turn of events in regards to my LPR? Or should I just forget about it and be thankful for what I have, in which I totally am anyway!

    (2) if they do deny the N-400 for the same reason, can they put me in removal proceedings again, like they did the first time?

    I appreciate your time to read my story & any advice/feedback will be greatly appreciated.

  • #2
    SZ,

    I doubt that you can get a definitive answer from anyone, even DHS staff, about how a new N-400 interview will go. One purpose of the N-400 review and interview is to ascertain that all immigration procedures to date have been completed properly and to deny and initiate adjudication if anything is found in error.

    My advice is to get your Green Card under control and current, with an I-90 if your card is expired, and don't bother applying for Naturalization again.

    --Ray B


    Originally posted by Sz1977 View Post
    Hello. This is a great site and I've always appreciated good advice from credible folks. Please take a moment and review my case/timeline:

    2005: I obtained 10 yr GC (marriage based)
    ***10 yr GC was issued after I got divorced.

    January, 2010: I applied for N-400.
    ***Immigration officer told me that my LPR status is not valid because it was issued after the divorce took place. But no action was taken against me by uscis.

    July, 2010: I withdrew N-400 application and applied for I-485 based on my current marriage with usc & 3 children.

    December, 2010: I-485 got denied. Reasons: the system shows that I'm LPR & there's no record of showing my status been revoked.

    January, 2011: applied for second N-400 application.

    June, 2012: Second N-400 got denied & I was placed in removal proceedings because my LPR was issued after the divorce.

    January, 2015: Removal proceedings got terminated by the immigration judge. My lawyer did not ask for any type of relief from court. Judge ordered to terminate proceedings, & adviced I can pursue benefits from cis without prejudice.

    May, 2015: I applied again for I-485.

    July, 2016: I-485 got denied.

    Reason/Decision: Records show I was put in removal proceedings. Removal was terminated by immigration court & my status is reverted back to LPR as of January, 2015 and that during the time of my I-485 interview I was already LPR.

    I did info-pass and asked a gentlman in the office if they would deny my N-400 for the third time for the same reason it got denied before. His response was: he can't answer my question, but their system shows I'm LPR & that I'm free to apply for N-400 if I chose to do so. He also adviced that I file I-90 to renew my GC because it's been expired over a year.

    My question to experts:

    (1) Can I take a shot at N-400 again with assumption that I have a strong chance of approval after the turn of events in regards to my LPR? Or should I just forget about it and be thankful for what I have, in which I totally am anyway!

    (2) if they do deny the N-400 for the same reason, can they put me in removal proceedings again, like they did the first time?

    I appreciate your time to read my story & any advice/feedback will be greatly appreciated.

    Comment


    • #3
      Rayb, when I posted my question, i prayed for an answer from you personally and my prayers got answered. Seeing your responses in other posts showed me that you're a person of broad knowledge of our immigration system. I will take your advice to heart & I appreciate you answering me.

      Could you kindly answer question (2)? The question was if uscis can initiate removal proceedings for the same reasons they initiated it the first time?

      Thanks.

      Comment


      • #4
        SZ,

        I believe that USCIS can repeat what they did to you before, though it probably wouldn't work since a judge in an Immigration Court hearing has already provided you relief

        --Ray B

        Originally posted by Sz1977 View Post
        Rayb, when I posted my question, i prayed for an answer from you personally and my prayers got answered. Seeing your responses in other posts showed me that you're a person of broad knowledge of our immigration system. I will take your advice to heart & I appreciate you answering me.

        Could you kindly answer question (2)? The question was if uscis can initiate removal proceedings for the same reasons they initiated it the first time?

        Thanks.

        Comment


        • #5
          Understood. Thank you

          Comment

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