ibislupe

My mother filed a petition for me more than 10 yrs ago as an unmarried
child. It was approved; they stamped my passport at the Consulate.
About three days later, before I left for the US I married. I received
my green card no problem.

Fast forward to my citizenship application. It was denied on the basis
that my permanent resident status was obtained fraudulently. However I
was given the chance to appeal and try to prove good moral character
to overcome this accusation.

My question is when is exactly is a "green card" established? Upon
stamping of my passport at the Consulate or after I have entered into
the US? When was I legal?

Most of my family was under the impression that once you are approved
at the Embassy you are legal. Upto that point I had indeed been an
unmarried child and had not misrepresented any facts. I didn't get
married until after I was approved. We were young and simply didn't
want to wait any longer.

We contacted a lawyer whom filled out a new I-130 and a whole bunch of
other nonsense claiming that I was going to be deported. But upon
reading the denial from Immigration there was no such threat made
about deportation. I have spent so much money with this shady lawyer
that I weary now about having any lawyer help me and am now seeking
help from a non-profit group. Although they have had experience with
appeals although this is a case that they have never seen. Still they
are confident that we can prove good moral character and appeal the
decision. But I would still like to research this on my own as well; I
don't want to be misled.

This is my country. I have deep roots here with children, a home and
other siblings as well as my mother. I don't want to be deported. Can
anyone give me some advice? Thanks

meauxna

Oopsie.

No, you do not become a Permanent Resident until you enter the US and have that visa stamped. (not, as your family thought, after the visa interview)

If they are offering you the chance to just wait 5 years, that would be good.

Ray

Surely the date would be on the Green Card ...

Finalizer

<[email protected]> wrote in message
news:[email protected] oups.com...
| My mother filed a petition for me more than 10 yrs ago as an unmarried
| child. It was approved; they stamped my passport at the Consulate.
| About three days later, before I left for the US I married. I received
| my green card no problem.
|
| Fast forward to my citizenship application. It was denied on the basis
| that my permanent resident status was obtained fraudulently. However I
| was given the chance to appeal and try to prove good moral character
| to overcome this accusation.
|
| My question is when is exactly is a "green card" established? Upon
| stamping of my passport at the Consulate or after I have entered into
| the US? When was I legal?
|
| Most of my family was under the impression that once you are approved
| at the Embassy you are legal. Upto that point I had indeed been an
| unmarried child and had not misrepresented any facts. I didn't get
| married until after I was approved. We were young and simply didn't
| want to wait any longer.
|
| We contacted a lawyer whom filled out a new I-130 and a whole bunch of
| other nonsense claiming that I was going to be deported. But upon
| reading the denial from Immigration there was no such threat made
| about deportation. I have spent so much money with this shady lawyer
| that I weary now about having any lawyer help me and am now seeking
| help from a non-profit group. Although they have had experience with
| appeals although this is a case that they have never seen. Still they
| are confident that we can prove good moral character and appeal the
| decision. But I would still like to research this on my own as well; I
| don't want to be misled.
|
| This is my country. I have deep roots here with children, a home and
| other siblings as well as my mother. I don't want to be deported. Can
| anyone give me some advice? Thanks
|

Residency status is established at the time of valid admission or adjustment
of status.
Having a visa alone or an approved petition does not confer Permanent
Resident Status.

You entered the US with a visa intended for an unmarried child of a US
citizen ( IR2, I supposed, instead of F3 ). But since we were already
married at that time, the visa you used and was petitioned under was the
wrong visa for entry. Therefore, you should have been denied entry at that
point.
You were inadmissible under 212(a)7(i)(II), an immigrant with the wrong
class of visa.
Had you married AFTER you entered the US, there would have been no problem.
But since you were inadmissible at the time of entry under 237(a)(1)(A) due
to not having the proper visa appropriate for your status, your admission
into the US was invalid and therefore the endorsement for you to become a US
resident was also invalid.
Not having a valid residency status since the beginning makes you ineligible
for citizenship!

Yes, violation under INA 237(a)(1)(A) - Inadmissible at time of Admission or
Adjustment of Status is a ground for Deportation.

meauxna

Too obvious....

Rete

Big mistake

Don't see how they can do this as you were never a PR and therefore have no basis for eligibility for naturalization.

You become a PR at the time of entry into the US. The Consulate gave you a visa to enter the US, the entry is what makes you a resident when the agent at the POE gave you the green card (I-551) stamp in your passport.

Your family does not know the law.

Not a shady lawyer in my opinon. He is telling you the truth. I believe the non-profit group is incorrect as is the adjudicating agent who interviewed you for naturalization.

You have only been here 5 years, you do not have deep roots. You have family here but you voided your visa when you married before entering and your wife is here illegally as well if she is not a resident.

Noorah101

Where is your spouse? Did your spouse accompany you to the USA, and if so, on what visa? Or is your spouse a USC?

Your green card is given to you at the POE upon your entry to the USA, in the form of an I-551 stamp. You were not a US Permanent Resident until you got that stamp in you passport at the POE.

Unfortunately, their impression was incorrect.

I would call that paperwork nonsense...he is trying to file the appropriate paperwork to get your PR status in the USA, which is something you didn't really have all this time.

I hope you do get to stay and correct your status, since you have family here. You still didn't mention a spouse, though...you mention having children, siblings, a mother, and a home.

Best Wishes,
Rene

ian-mstm

I don't see anything that indicates he's been here for only 5 years. Not sure where you pulled that number from!

Ian

Rete

From the fact that you have to have been a PR for five years to be eligible to naturalize. Simple deduction. Doesn't sound like a man who would wait 10 or 15 years to become a US Citizen.

Mh

In article <[email protected]> ,
Rete <[email protected]> wrote:
>
>> I don't see anything that indicates he's been here for only 5 years.
>> Not sure where you pulled that number from!
>>
>> Ian
>
>From the fact that you have to have been a PR for five years to be
>eligible to naturalize. Simple deduction. Doesn't sound like a man who
>would wait 10 or 15 years to become a US Citizen.

His first post says "over 10 years ago, my mother filed for a green card"
and says shortly after they married and moved here.

Or do entry visas remain valid for 5+ years?

MH

Finalizer

"MH" <[email protected]> wrote in message
news:[email protected]...
| In article <[email protected]> ,
| Rete <[email protected]> wrote:
| >
| >> I don't see anything that indicates he's been here for only 5 years.
| >> Not sure where you pulled that number from!
| >>
| >> Ian
| >
| >From the fact that you have to have been a PR for five years to be
| >eligible to naturalize. Simple deduction. Doesn't sound like a man who
| >would wait 10 or 15 years to become a US Citizen.
|
| His first post says "over 10 years ago, my mother filed for a green card"
| and says shortly after they married and moved here.
|
| Or do entry visas remain valid for 5+ years?
|
| MH

The fact still remains that the OP entered the US with the wrong type of
immigrant visa, thus, inadmissible at the time of admission. Deportable
under INA 237(a)(1)A as amended.