think I opened a can of worms with n400
Aug 4th 2013, 11:54 am
#61
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Re: think I opened a can of worms with n400
Thanks for the many comments and advice i will get back to everyone after my attorney consult.
Aug 4th 2013, 1:19 pm
#62
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Re: think I opened a can of worms with n400
I see that there is, at least, one dissenter. However, I agree with you on this. I think the US should follow the Starship Troopers lead and consider it: service guarantees citizenship. Someone who puts his life on the line for his adopted country should benefit from taking that risk. Hopefully, I'm not the only one who agrees with you on this.
Ian
Ian
-Active duty service during a time of war (such as right now): Can naturalize as soon as you complete basic training.
-Service at any other time: Can naturalize after one year of service.
This is true even if you are not an LPR. The Army is the only branch of the armed forces who is currently recruiting non-LPRs. (It is a special program called MAVNI: you must be either a translator in a "rare" language, or a physician. You need a valid nonimmigrant status at the time of basic training)
Aug 4th 2013, 9:29 pm
#63
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Re: think I opened a can of worms with n400
I'm not sure what was the legal landscape when the OP served in the military. However, right now there are two citizenship programs for those who serve:
-Active duty service during a time of war (such as right now): Can naturalize as soon as you complete basic training.
-Service at any other time: Can naturalize after one year of service.
This is true even if you are not an LPR. The Army is the only branch of the armed forces who is currently recruiting non-LPRs. (It is a special program called MAVNI: you must be either a translator in a "rare" language, or a physician. You need a valid nonimmigrant status at the time of basic training)
-Active duty service during a time of war (such as right now): Can naturalize as soon as you complete basic training.
-Service at any other time: Can naturalize after one year of service.
This is true even if you are not an LPR. The Army is the only branch of the armed forces who is currently recruiting non-LPRs. (It is a special program called MAVNI: you must be either a translator in a "rare" language, or a physician. You need a valid nonimmigrant status at the time of basic training)
OP is done it will cost him a fortune fighting this with good lawyers. If i was him i would get as much money out as i could and bring family with me to scotland. I wouldn't flash 20 or 25k away on a lawyer.
Last edited by customsquestion; Aug 4th 2013 at 9:32 pm.
Aug 5th 2013, 4:23 am
#64
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Re: think I opened a can of worms with n400
Curious minds would like to know.
Aug 5th 2013, 6:36 am
#65
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Re: think I opened a can of worms with n400
What would you have charged for that sort thing, a cancellation of removal procedure taking every appeal to the end of the process whatever that may be? Court appearances, petitions, appeals, letters, and other expenses
Throw a figure at me!
Aug 5th 2013, 7:00 am
#66
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Re: think I opened a can of worms with n400
There are waivers available for certain grounds, but not others.
being able to rely on a attorney to be able to plead my case and have spoken to attorney and after describing the multiple cases of apparent false citizenship was told they could plead my case but would just delay the inevitable. Again thank you for the thoughts I will keep you updated.
Voter registration is not a ground for removal, only voting is (and even then, not always). I have a relative who was in this situation, the union signed him up without his consent, they forged his signature on the voter registration. USCIS is still looking into it but it is not a ground for removal.
If you've created a ground for removal and there are no waivers available for that category, basically that's it. Re-entering won't help, in fact it would probably make it worse.
(8) Ineligible for citizenship
(A) In general
Any immigrant who is permanently ineligible to citizenship is inadmissible.
(A) In general
Any immigrant who is permanently ineligible to citizenship is inadmissible.
No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States.
Also: http://www.state.gov/documents/organization/86933.pdf
Last edited by Steve_; Aug 5th 2013 at 7:10 am.
Aug 5th 2013, 1:48 pm
#67
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Re: think I opened a can of worms with n400
Several fake claims to be a USC over a multi year period plus lying on his n400 app he ticked no therefore he lied. He will go before a judge to obtain cancellation of removal he will likely lose, appeals may be filed. The money will soon rack up won't it?
What would you have charged for that sort thing, a cancellation of removal procedure taking every appeal to the end of the process whatever that may be? Court appearances, petitions, appeals, letters, and other expenses
Throw a figure at me!
What would you have charged for that sort thing, a cancellation of removal procedure taking every appeal to the end of the process whatever that may be? Court appearances, petitions, appeals, letters, and other expenses
Throw a figure at me!
BTW, I was a busy beaver in early February 2005. I argued three cases in Pasadena in a two day period [first and last time that ever happened]. And two were published wins! Besides MacDonald, I also won Bona v. Gonzales.
Military service can go a long way: I also helped out [but not of record] on a case called Gallarde v INS.
Further BTW, the oral argument in MacDonald was memorable because one of the Judges was quite outraged at why the former INS was even trying to deport Ellen -- he was literally shouting at the Government lawyer and dismissively told her that he understood that she was a "good soldier" who had to make an argument.
BTW, in none of those cases were the fees anywhere near $25,000. [
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Aug 6th 2013, 1:53 am
#68
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Re: think I opened a can of worms with n400
Based upon what OP has put up, I don't think it will really go all that far. Also, a little factoid that influences things a tad -- a little favor to military veterans, unlike other people, their naturalizations can go forward even in the face of removal proceedings. Any removal proceeding would more likely than not be held in abeyance for a good long time.
BTW, I was a busy beaver in early February 2005. I argued three cases in Pasadena in a two day period [first and last time that ever happened]. And two were published wins! Besides MacDonald, I also won Bona v. Gonzales.
Military service can go a long way: I also helped out [but not of record] on a case called Gallarde v INS.
Further BTW, the oral argument in MacDonald was memorable because one of the Judges was quite outraged at why the former INS was even trying to deport Ellen -- he was literally shouting at the Government lawyer and dismissively told her that he understood that she was a "good soldier" who had to make an argument.
BTW, in none of those cases were the fees anywhere near $25,000. []
BTW, I was a busy beaver in early February 2005. I argued three cases in Pasadena in a two day period [first and last time that ever happened]. And two were published wins! Besides MacDonald, I also won Bona v. Gonzales.
Military service can go a long way: I also helped out [but not of record] on a case called Gallarde v INS.
Further BTW, the oral argument in MacDonald was memorable because one of the Judges was quite outraged at why the former INS was even trying to deport Ellen -- he was literally shouting at the Government lawyer and dismissively told her that he understood that she was a "good soldier" who had to make an argument.
BTW, in none of those cases were the fees anywhere near $25,000. [
]BTW I meet with mr gibb this morning will send u a pm and update u
Aug 6th 2013, 3:40 am
#69
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Aug 6th 2013, 5:29 am
#70
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Re: think I opened a can of worms with n400
There's an infamous incident from Georgia, where a German applied for naturalization, on the N-400 she declared she had been convicted for assault because she had had a fight with another girl over a boyfriend and pulled her hair. She was given a one-year suspended sentence. As a result, that met the legal standard for an "aggravated felony" in 8 USC 1182 so USCIS started removal proceedings against her (she had been adopted at the age of three and had no family abroad).
She only got out of it because the governor granted her a pardon.
Anyway, the reason I mention this is because if you do get down to brass tacks and you are facing removal and there is no way out of it (a false claim of citizenship to receive certain benefits is a good example) then occasionally you can be naturalized by Act of Congress. It's done a few times a year and obviously it's not easy but I've never seen anyone else mention it on here.
Having a military history and being an upstanding member of the community I would say you have some chance and it doesn't really cost anything, you've just got to convince your member of Congress and the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
She only got out of it because the governor granted her a pardon.
Anyway, the reason I mention this is because if you do get down to brass tacks and you are facing removal and there is no way out of it (a false claim of citizenship to receive certain benefits is a good example) then occasionally you can be naturalized by Act of Congress. It's done a few times a year and obviously it's not easy but I've never seen anyone else mention it on here.
Having a military history and being an upstanding member of the community I would say you have some chance and it doesn't really cost anything, you've just got to convince your member of Congress and the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Aug 6th 2013, 5:34 am
#71
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Re: think I opened a can of worms with n400
BTW, in my reference to the Gallarde v INS case, the gentleman was not deportable and a denial of citizenship would have only been that, a denial of citizenship. His attorney did advise him of this -- Mr. Gallarde was quite willing to pay the necessary lawyer's fee.
One thing to remember, sometimes a lawyer's services are worth it to the client.
One thing to remember, sometimes a lawyer's services are worth it to the client.
Aug 6th 2013, 5:44 am
#72
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Re: think I opened a can of worms with n400
BTW, in my reference to the Gallarde v INS case, the gentleman was not deportable and a denial of citizenship would have only been that, a denial of citizenship. His attorney did advise him of this -- Mr. Gallarde was quite willing to pay the necessary lawyer's fee.
One thing to remember, sometimes a lawyer's services are worth it to the client.
One thing to remember, sometimes a lawyer's services are worth it to the client.
Aug 29th 2013, 3:29 am
#73
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Re: think I opened a can of worms with n400
Really sorry to open this one back up after a few weeks but I was directed here from another thread.
I have a quick question for the OP, or anyone else in the know. When you joined the US military did you have to denounce your British citizenship?
I have a quick question for the OP, or anyone else in the know. When you joined the US military did you have to denounce your British citizenship?
Aug 29th 2013, 5:07 am
#75
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Re: think I opened a can of worms with n400
This only becomes an issue as regards security clearance, you don't necessarily need a security clearance in the Guard so it's a non-issue. You need to talk to a recruiter to figure out which MOS you are eligible for as an LPR.
