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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    *NEED SERIOUS HELP* Time is running out! Green card petition is about to get denied
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Regular Member
Posted
I have posted this situation before, now it's getting worst.
Here is the background information: My sister got married with her husband(citizen). They went thru the GC interview. the beneficiary is my sister. Everything went fine except that the officer who interviewed them was not able to find her huaband's naturalization record in the computer. Even when her husband presented his naturalization certificate and US passport, the office was making a big deal out of it. She could not approved the petition until the officer found out what's going on.

Two months later, my sister got a letter requesting her to send a form to the local district office to get the naturalization form for her husband. There is another piece of paper saying that "if the officer does not receivethe form within 12 weeks, the applicatin will be denied". It's almost 7 weeks now, and my sister did not hear anything from anyone.

I have a couple of questions:
1. Why would they deny the application if indeed her husband is a legal US citizen with a US paaport on hand??
2. Can they deny the case if for real that the application could not be found?
3. If denied, is there anyway to appeal?
4. I can't trust those ppl in the local district office in treating timely matters, is there anyway we can go into the office and request that info. So taht the officer will look it up right away??

Please help! Time is really running out for my sister! Thanks in advance!
 
Posts: 37 | Registered: 08-29-2003Reply With QuoteReport This Post
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Yes ita big deal to get his Naturalization papers intact.
it should be verified before giving LPR status of His dependents.
thate can be any thing. is therre any name change, or any other official changes ahappend which was never informed to INS/USCIS.
How he got naturalized. etc. record has to be chacked.
ANswer to your questions.

1. if sponsor had aquired his status with fraud or mis rep , then YES AOS will be denied. To make sure He has to correct his record first. Once it is clear he has real naturalization then status only be denied if any reason other offence of immgrationlaw OR others.

2. YES if record not found then case will be on hold. or can be denied, or it can be declared that his citizenship is not real.
( BIG PROBLEM)
3. not related if INS/USCIS treat the foul play.
YEs there is many way to get this straighten out.
Give the evidence that How he was naturalized, His Alien Number. Copy of any record filed with INS. Where filed. INitiate the *****y for Main Record center( will take time ) . get supervisor involved in the case, as well as Local congress man.
Your attorney should be talking to superiors in USCIS. If talking to Supervisor get the record then file the complaint against USCIS officer.


Its a discussion, not a legal advise..
 
Posts: 1090 | Registered: 05-29-2003Reply With QuoteReport This Post
Regular Member
Posted Hide Post
Thank you Mohan, I will forward this info to the attorney
 
Posts: 37 | Registered: 08-29-2003Reply With QuoteReport This Post
Regular Member
Posted Hide Post
My sister's lawyer will make an appointment to go and talk to the supervisor at the local office where my sister had her interview. I will tell my sister to bring all the proofs. Hopefully the supervisor can approve her on the spot. I am crossing my fingers for her.
 
Posts: 37 | Registered: 08-29-2003Reply With QuoteReport This Post
Evo
Regular Member
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I need some serious advice here.

My sister got married with a citizen. Went for GC interview in May 2004. Did not get stamped on taht day.

Please read previous posts above to get more info.

In Aug 2004, my sister's lawyer had prepared the form to request the naturalization record for my brother-in-law. If BCIS did not recevied the info within 60 days, the case would be denied. Two months later, and still no news. So my sister, her husband and the lawyer went down to the LA Office and talked to the supervisor.

the lawyer asked if my sister's background check is cleared yet. The supervisor said 'Not Yet'. The superviosor did not know even know why it's taking so long (they filed for the petition back in July 03). Since the naturalization file hasn't been received yet. The Supervisor was nice enough to extend the date til Dec 04.

By Nov 04, the naturalizatin file finally arrived. the lawyer sent it in right away. today is Feb 05, there is no news!! My brother-in-law spoke with the lawyer today and he was given 3 options:

1. keeping waiting. By the end of June 05, it will be their 2 yrs anniversary. and if got approved at that time. then my sister can get the permanent GC.

2. Go see the supervisor again.

3. Sue BCIS.

My sister and my brother-in-law are both struggling on which optino is the best for them.

Could someone pls provide some good advice here?? WHICH option is the best??

THANKS A LOT!
 
Posts: 35 | Registered: 08-22-2003Reply With QuoteReport This Post
Evo
Regular Member
Posted Hide Post
Anyone pls help!
 
Posts: 35 | Registered: 08-22-2003Reply With QuoteReport This Post
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