How does USICS handle a situation when, during a marriage-based adjustment application, it transpires that there might have been an eligibility issue with the Naturalization application of the U.S. Citizen (USC) spouse petitioner? For example, it is discovered that divorce proceedings had been initiated after the naturalization application was filed,but prior to the interview and the divorce was finalized soon after the oath, and eligibility being based on three years of residence in marital union with USC. What factual issues arise and what is the standard for proceeding with an action for denaturalization?
If USCIS determines that an applicant for naturalization was not eligible to naturalize, the evidence is obtained and submitted to Immigration and Custom Enforcement (ICE) counsel for determination of denaturalization.
If there is a knowing misrepresentation in a naturalization application, as opposed to a simple failure to disclose, would this lead to removal proceedings in addition to denaturalization?
It might. If Immigration and Custom Enforcement (ICE) counsel proceeds with denaturalization and is successful, removal proceedings may be instituted.
With regard to any removal risk, how would USCIS view a voluntary recanting of an intentional misrepresentation in a naturalization application? For example, what if the beneficiary brings the issue to USCIS’s attention and formally withdraws the misrepresentation, thereby subjecting him/herself to denaturalization?
USCIS would submit the case to Immigration and Custom Enforcement (ICE) counsel for determination.
Has USCIS discussed the new Naturalization policy regarding the review of the underlying adjustment case? Should clients come prepared to discuss their marriages, for example?
Review of the underlying adjustment of status is not a new policy. Officers have always had the authority to look back at the underlying adjustment, at any time, and doing so is not a new process.
Will the USCIS Atlanta Office go back to swearing in applicants on the same day as the interview?
It is unlikely that the Atlanta District Office will resume swearing-in applicants on the same day as the N-400 interview, aside from customers who come from Alabama or at least four hours away, who CIS makes every effort to swear in the same day due to the distance traveled for the interview.
Hi Everyone,
It's been a while, but I felt the need to share my naturalization time line and interview experience. My recipet notice was received and/or dated approximately May 16th 2012 and I received a preliminary interview notice letter advising that I should bring to my interview my state issued ID card and certified copies of my arrest. I am not sure when I received the actual interview letter, but maybe three weeks before my interview date which was sceduled for June 21st, 2012 at 3pm at Federal Plaza.
So I just got back from my interview. I passed!! I know I know but one gets so nervous for no reason, even fully prepared. And it does not help when you see someone coming back from the interview indicating they have not passed (even if others who come out did).
I have engaged Rajiv's office for over 10 years now for many different reasons. I've also been recommending Rajiv's law offices to my aquaintences & friends for over 10 years now. I have very close examples of people who lost 3-5 years going to some other lawyer & later, at my advise, going through Rajiv's office, who somehow 'fixed everythin' ???? Rajiv once told me ... ' why do you want to engage my office? this is so simple, you can do it yourself and save some money..." if you expect more from a lawyer... you are crazy!!!!! For Rajiv, its not about the money... he REALLY wants to 'do the right thing'. Rajiv provided me guidance for a new case - at no cost just because I was a old client - & literally advised me I could save money by doing the work myself - it was very simple. I was infact, ready to pay him or some other lawyer 100s of $s because this was a inquiry near & dear to me. There is no better example of honesty & forthrighness ( i've dealt with many lawyers in my lifetime & if you have a better example, I'd certainly like to hear it) . I'd ( & have already ) recommend Rajiv for his unparalleled knowledge & honesty in a instant & have also, personally, gone back to him time and again - H1B , family visas, family GC, company visas etc etc etc - again & again......its a no-brainer for me... & yeah.. I'd put my money where my mouth is.... --DJ