smalik2

Well. I am the OP for that 10 year green card revoke. When in Nov 2007, the IJ terminated my removal proceedings, I submiited my N-400 in early Dec 2007. Two days after sending N-400, I received the intent to revoke GC letter, which we discussed here. Now, I have recieved my biometrics for natz application. My I-751 waiver is pending until this joint petition is revoked and waiver is considered. My waiver may be approved at service center or may be sent out for interview, although interview is not likely.

How long other people took to have I-751 waiver approved without interview at VSC.

Can I just reschedule my biometrics to give Center enough time to adjudicate I-751 waiver. How many times can I resechdule biometrics? I know I can only reschedule my Natz interview one time.

Do you think my N-400 application is valid with a copy of my old Green card which is being revoked by INS or do I have to apply a fresh with new green card after I-751 waiver is approved and I apply I-90 and get new card.

Could some one apply for natz with I-551 stamp while awaiting GC in the mail.

ian-mstm

You could, but why would you want to? These are two completely separate applications... yes, one likely depends on the other, but the applications themselves are separate. Do the biometrics for the N-400 and let it proceed forward. If the waiver is subsequently approved, you're that much farther ahead... if the waiver is subsequently denied, all you've lost is the time you took to get the biometrics done.


I doubt the person looking at your N-400 application is even aware of the other issue. Eventually, they'll figure it out... but, if it was me, I wouldn't want to deliberately slow down the process.

Ian

Rete

Your case is a very interesting one and very complex. It is not one that the laypeople here would know much about. My recommendations are to follow the advice of your attorney (I believe you do have one).

As a layperson, I would say go for the biometrics for the N-400. The I-751 and the N-400 for normal cases can be adjudicated on the same day as the N-400 interview. Is this a viable option for you? Ain't got a clue.

Noorah101

Have you been a PR for 5 years? I didn't research your timeline, but if you are just now removing conditions (or have applied to remove conditions recently) it doesn't seem like you've been a PR for 5 years yet.

Since you say you need a waiver for the joint filing of the I-751, I assume you are no longer married to the USC. On what basis did you file the N-400?

If you are no longer married to your USC spouse, you can't file the N-400 until you've been a PR for 5 years (minus 90 days).

Rene

smalik2

Answers to Ian, Noorah and Rete:

Yes, I have been a PR for 6 years. AOS 1/2002. My joint I-751 was approved, which is now revoked by service due to divorce before approval date. I have applied for I-751 good faith waiver in July 2007. Submitted N-400 in Dec 2007, on the information that it is taking 12 to 16 months for citizenship adjudication. But the biometrics came in 32 days after sending the natz.

1. I have read some where that waiver is not treated same as joint I-751 adjudication same day as natz interview? Is this true?

2. Could I force my I-751 good faith waiver adjudication on the same day as N-400 interview?

3. Can I have N-400 put in abeyanace until I-751 waiver is approved?

4. If I-751 waiver is approved, I file I-89 finger print for new green card (if they took away for old green card), can I apply N-400 with I-551 satmp in the passport (which I may get by making infopass appointment?)

5. I need my natz quickly to apply for AOS for my new spouse. I am worried that this thing is getting complicated.

So far, I have applied for I-751 TWICE and N-400 TWICE alongwith FULL fee each time.

smalik2

To complicate this issue, I have some financial problems and contemplating filing for bankruptcy. Could bankruptcy looked upon as Bad Moral Character. How could it be bad character when Congress has allowed it? Could INS just use discretion to decide bad moral character. In that case, I shall file a mandamus action.

ian-mstm

Where did you read this?


You can't, no. USCIS can, however.


Your N-400 can *not* be approved until the I-751 is approved. However, there might be only a few minutes between the two.


Did they take your old green card?


No. Your finances are *not* a factor in naturalization.

Ian

Noorah101

Do you have an immigration lawyer? If not, I highly suggest making that your first priority. Your issues sound way too complex for internet laymen to answer.

Best Wishes,
Rene

smalik2

they have not taken away my old green card yet. I am awaiting the revoke letter in the mail as promised by IO that he will send it in couple of days. My biometrics are scheduled in two weeks. If I receive the revoke letter before biometrics, can I go for biometrics and show my revoked green card to have them done. Or it is some thing I shall be leary about?

I hired two lawyers so far. The first one did not know much about immigration. I found that out after I paid him $2000. The other one does know some what immi, but he does not have much time to answer all questions. Just keeps telling me, wait and see? Only returns one email after I send in about 5.

Ian: About the waiver adjudication on NOT the same day as NATZ. I read that in an e-book which was being sold on the ineternet by a women who went through the divorce before her I-751 was approved. She wrote that when she went for her natz interview, IO told her that HE can not adjudicate her natz unless the waiver ws approved. I do not know why he did not approve the waiver the same day.

Can I have the I-751 waiver file transferred to Field Office by asking my congressman.

I am still pondering about retaining my old plastic card, even after the waiver is adjudicated. I am only afraid that the way this agency is working, they may not delay my new GC and I have trouble taking natz test.

Elvira

OMG...

Were either of these lawyers members of the AILA?

Methinks you need a true specialist...

ian-mstm

Did the officer say he was going to send it in a couple of days... or did he actually "promise" that he'd do that? How can we understand what happened if you post stuff that isn't accurate?


Let me ask you a silly question... why do you think that someone taking your fingerprints would know or even care about whether or not your green card had been revoked? I mean, your green card is not suddenly going to have a sticker on it saying that it's been revoked. They aren't going to know unless you tell them... and if you tell them, then I can only assume you are deliberately trying to sabotage your own case.


It's time to get a new lawyer. Someone who knows immigration law and is experienced. Don't hire him until you question his experience. Do yourself a favor... write down *exactly* what has happened so far. Be as specific as you can about dates, places, and what was said, and what you did. Write it down... don't rely on your memory. Don't add stuff that is irrelevant. Keep it accurate and to the point. Write down any specific questions you have.


Unless her situation was *exactly* like yours (which I doubt) then what happened to her has nothing to do with your situation.


Transferred to where? It doesn't matter where the file is... it must still be adjudicated.


Do yourself a favor... do *not* give away your green card unless ordered to by a court of law. From now on, take an attorney with you whenever you go to USCIS to find out any information... and especially when you go for an interview. English is not your first language... and things may be said that you do not fully understand, and you may say something that will put you in a worse position than you're already in. Take an attorney with you!

Ian

smalik2

Ian:

Thanks for analysing my situation line by line. Yes, IO told me and my attorney straight out that he will send a revoke letter and my attorney essentially agrees that they can send a revoke letter. But I have not received it so far.

You are absolutely right that I shall not give up my 10 year green card unless told by a court of law. Moerover, I shall go ahead with the processing of my natz application and when time comes for natz interview and they tell me that my waiver is still pending, just give them a letter stating that adjudicate my waiver alongwith my natz apps.

I could ask my lawyer to send a letter to Vermont stating that they shall start adjudicating my waiver and natz togather and give a copy to IO at natz. and if they do not adjudicate natz or waiver at that time, prepare and file a writ of mandamus in US District court the next day. It must be aleardy a year since waiver application filed by than.

I am still interviewing couple of lawyers and hope will find some competent one. One of my current lawyer stated that he is not willing to file a mandamus action in the court yet. I do not know if he will be willing to file in six months from today, who knows.

But I will keep you advice that I shall not releinquish my green card. I have a letter from USCIS where they have submitted to their error. But I know a BIA decision where it states that a joint petition infact becomes null and void once a divorce occurs before the IJ adjudicates the I-751 joint.

smalik2

I did receive the revoke green card letter in the mail dated Jan 12, 2008. Today is March 3, 2008 and I have still not received I-751 waiver approval. Mine was filed in July 2, 2007 and VSc is processing March 1, 2007. I asked my congressman to find out and he came back with the same timeline as above.

I sent a letter to ASC to postpone my natz finger prints till May 20, 2008. They were scehduled for for Jan 24, 2008. I wrote a letter to VSC to cancel my first natz application filed in Oct 2006 as I had with drawn at my second natz interview due to not filing of I-751 waiver. Now, shall I just wait for my I-751 approval and than send an other letter to ACS to conduct my finger prints. Any record of my waiver and natz is not available online though I have receipt notices from VSC.

smalik2

Natz denial pending I-751 waiver application.

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This is recent update on the ongoing saga on my I-751 waiver pending adjudication at VSC. Please bear with me, as it is little detailed case background

my joint I-751 was approved in Sep 2004 but I was divorced in Jul 2004. I filed first N-400 in Oct 2006 based on 5 yrs. I was placed in removal due to the above fact. I filed a second I-751 good faith waiver in Jul 2007, which is still pending at VSC although web site processing Sep 2007. My removal proceedings terminated in Nov 2007. Filed second N-400 in Dec 2007 concurrently anticipation that I-751 shall be approved before natz interview. The web site did update a month before natz but mine was not one adjudicated. 10 yr GC revoked in Jan 2008. Natz interview in Aug 2008. Went very well and passed. The IO stated that they have the power to adjudicate my I-751. Received natz denial based on that GC was revoked, Did not say anything about pending I-751. Now, given 30 days to appeal. I am thinking of these lines:

1. File the appeal and pay $605.
2. At appeal interview, ask officer to try to get the I-751 from VSC and adjudicate.
3. If officer does not agree to call for I-751 adjudication, file a motion at Federal District Court to force re=evaluation of natz and force CIS to adjudicate I-751 waive. First I-751 was approved without interview due to very good documentation of marriage. I was plaintiff in my divorce due to metal cruelty by USC spouse.

Any comments? I have been in contact with my congress and senator but are not very helpful. I have been remarried and now need to file for my current wife who is on F-1. What is most expeditious and prudent approach. what I am hoping is to receive either an I-751 approval in mail or interview call some time soon but am not sure if USCIS will do their job unless forced to. It also seems they filed I-751 waiver under my permanent GC file receipt number. Although they keep telling me on phone they know and I got temp stamp in passport, but the file was not present at natz interview.

PL ADVISE IN DETAIL.

Folinskyinla

Hi:

Your questions are excellent ones. Consult with an experienced local immigration attorney who can advise you in detail on what to do.

I note you have posted the same question twice in the same forum within a seven minute period. So my answer is a tad more "detailed" in the other string.