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  • #31
    I am from Nigeria.

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    • #32
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by elebedi:
      When I first joined I did not get granted a high clearance. And I was told that to go on the forth-comming deployment i have to get a clearance and the clearance requires me to a citizen. I know that many deployments do not require you to be a citizen but however this one does! And I have gotten letters from my commander stating the fact. I made an appointment with Jag on tuesday and was told to bring the denial letter and all the document I have. I will let kyou guys know what thier response is tuesday afternoon. Thanks for your input, I appreciate it. </div></BLOCKQUOTE>



      I know that you have stated that your application for citizenship is based on fast track military therefore bypassing certain criteria reserved for others.

      The problem appears to be with the 751 files for removing conditions. If it was not still out there pending, or had it been prudently withdrawn once you applied for military based citizenship, I dont see where uscis would have much of a leg to stand on. But reality is that 751 was still out there and not adjudicated, therefore available for consideration. This is your problem because it was not withdrawn. Ahhh. those pesky little details that get missed

      Now.. I am trying to help you to not have any surprises when I ask you these questions again.

      How soon after the date on your conditional greencard did you seperate and when did your wife file for divorce?

      Did you file a joint petition together for a 751 to remove the conditions? if so when?

      Did you apply for removal of conditions as a joint petition ? if so, did she sign the joint petiton to agree to it, and were you seperated at the time of the signing

      Once the divorce was filed, was the 751 ever withdrawn? and if NO, then why not?


      One more thing. YOu need to have a good lawyer and not mediocre. You are from Nigeria where a high amount of green card marriages are fraudulent and under the microscope by uscis. It seems the oversight was to not have withdrawn the 751 for status based on marrige.

      WAs your military unit aware of the outstanding 751?

      Comment


      • #33
        So you are in a unit that requires citizenship and some sort of clearence. You don't have the clearence and obviously not citizenship. So, what happens if you get citizenship? Will you then get a clearence? Well, clearances are not based on citizenship, but based on a background investigation. What sort of unit are you in and what is your deployment?

        Since you are from Nigeria, you can apply for asylum, claim something like you will be a victim of violence because you were in the U.S. military. Make your application with the USCIS Asyulm Office in San Francisco. They are the most liberal and have the most liberal immigration judges. Since USCIS has denied your application for citizenship, your residency is in jeopardy, so applying for citizenship based on military service will not help. USCIS has probably refered you to their Fraud Detection and National Security (FDNS) branch.

        Comment


        • #34
          yes that is true Brit they have to have hard evidence to deny a petition as you can challenge them on it of course ad thats costs them time and effort to follow up on . they can be so difficult and not give too much information away and I guess now as the economies so hard theres not enough jobs here for the legal people etc "I am serious Citigroup cutting thousands of jobs was on the news yesterday so hard times for all even Obama stated it may take his whole term in office to see any changes in the economy I mean its global now so we have to ride it out ...Sad but True ... And I believe Immigration will be really cracking down here in Dc they showed up at work site and and detained workers that were illegal so they not having a good time the workers that is ...
          Just keep onto Immigration if you believe you have a valid case and get legal advice if your case seems to be more difficult they always watch marriages to make sure they are genuine ..


          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Brit4064:
          I wonder what "hard" evidence the USCIS based this decision on? Usually a "sour grapes" letter alone from the ex-USC spouse isn't enough to act on. Unless they have paper trail to show in court in front of the IJ, it's hearsay. </div></BLOCKQUOTE>
          Regards and thanks,
          Mary Josephine :-)

          Comment


          • #35
            The testimony of a spouse on the nature of the marriage is direct evidence, not hearsay. In any event, hearsay is something that is sometimes prohibited in criminal cases. In general, hearsay is used in USCIS investigations, but, again, testimony of the spouse in this case is direct evidence. Remember also the co-conspirator exemption for hearsay in criminal cases. In this case she may have also been a co-conspirator at one time.

            Comment


            • #36
              It can be only direct evidence IF there's other evidence to back it up with, preferably from a disinterested 3rd party. Otherwise it's likely to be a "he says, she says" situation. Not all marriages break up on good terms. A USC spouse simply claiming "I think they married me for a GC" isn't gonna work.

              If a "sour grapes" letter is given to the USCIS by the USC then the immigrant can expect a I-751 interview. The interviews are graded A, B or C in order of priority depending on the apparent severity of the fraud and/or lack of supporting evidence by the applicant. A - being high, C - being low.
              "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

              Comment


              • #37
                Hello people I am back! I am having an appeal hearing in March 2009. I have letters from my commander and others on base to support my claim, I also have proof to show that my marriage to my ex-wife was bonafide. This time though I am having my lawyer attend the hearing with me and I will keep you guys posted!

                Comment


                • #38
                  Sounds like a plan elebedi. Good luck.
                  "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                  Comment


                  • #39
                    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by elebedi:
                    Hello people I am back! I am having an appeal hearing in March 2009. I have letters from my commander and others on base to support my claim, I also have proof to show that my marriage to my ex-wife was bonafide. This time though I am having my lawyer attend the hearing with me and I will keep you guys posted! </div></BLOCKQUOTE>

                    Hi Elebedi,

                    Sending good luck vibes your way for the hearing. Please come back and let us know the outcome.

                    Comment


                    • #40
                      Scammer !!!!!

                      Comment


                      • #41
                        I think all immediate relatives of a hero serving in Iraq or a war-zone should be qualified for US citizenship right away! Thanks for serving our country!!!!

                        Comment


                        • #42
                          You understand The Responses received. Thousands Of Different thinking.
                          If You Served To Protect USA? I myself Give you 2 Thumbs Up! The system Is Flawed! Americans In General Are Behind truth, justice, American way!
                          Thanks For your efforts.
                          many of deceit Create Paranoia! The Answers you receive Are Because Of those With less than honorable intentions.

                          If you are Honest And Having morals and Values Of America. Eventually Others Will see. Blame The System!
                          USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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                          • #43
                            Your citizenship is denied but you are still a LRP?

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                            • #44
                              Hello guys, as you all know, my appeal is on Monday March 16th, I now have two representative from my Unit going to the interview with me plus a lawyer: My Security Manager for the clearance and an E-8 dispatched by the Genral. Hope it all works out for me and God may be glorified.

                              Comment


                              • #45
                                The MPF Commander might be going too. He his a LT.COL.

                                Comment

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