Denial of naturalization/citizenship applications

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Watch Rajiv's YouTube video 

Video Transcript: Under the Trump administration I am noticing there has been a much higher incidence of naturalization applications getting denied for some. Some of them are very odd reasons. I will discuss three cases so that you folks can share and be mindful before you file naturalization application.

One was an employee who had been a green card holder for six or seven years and applied for naturalization and government denied his naturalization saying that when we approved your I-485 we should have not approved it because you were working in a place where you were not authorized to work without getting a proper amendment back in 1998. So, they have gone back so many years to say that because of that your green card was approved in error. According to them It should have not been approved and they were not going to give naturalization. The interesting thing is that I had told them that I had represented the company that was being hauled up for fraud only to the extent that I wanted to negotiate upon the employer’s request with the US attorney's office so that the employees don't get hurt because none of the employees was implicated in any of the allegedly fraudulent dealings. But I was not able to convince the USCIS. We could get the US Attorney's office on our side and make them see that these employees do not need to suffer. So, the result is several years later somebody’s notice is being denied.  The problem being if USCIS can deny naturalization by stating there was an error in the green card application they can also go after the green card. That could be the next logical step and that's what worries me and that's highly unfair. Of course, we are going to take up the case and fight it for these folks.

The second case being the employer signed a Form 9089. According to the government that was fraudulent because they failed to disclose the relationship of the employee with the CEO of the employer.  The lawyer had told them that this is a far-removed relationship it’s not immediate family so you can say “no” to the Form 9089 question where it says, “are you related with the employee under the green card process” and they said “no” and their notice is being denied because government says you lied on that form. Again, we would be able to fight this case.

The third case is order. People have lived here for 15 to 17 years. Everybody in the family is a citizen, the lady of the house who is not a citizen yet applied for naturalization but in the meantime, husband got a great temporary job offer outside the United States and government says you are going to lose your green card. They have just moved recently and I don't see how they can do that. I don't see how it is questionable, and it is outrageous, but we must be prepared for the new paradigm of immigration law.

So, when you go for naturalization I strongly advise you to please discuss your background with a competent counsel.

Citizenship and Naturalization: 



Im seeking advice on naturalization case of adopted child. Im sending details of my case and corresponding questions as below.

Case details :

1. We (wife, 1 kid and myself) came into US in 2010. Got our Green Cards in 2012 (EB1).

2. Applied for US Naturalization for wife and myself in 2017. Got our interview done in Jan 2018 and we became citizens.

3. Applied for US passports for Wife , Kid and Self in Jan 2018.

4. Got passports for Wife and Self , but received a query on Kids passport from US Dept of State / Vermont Passport Agency.

Adoption Details :

The kid was born to my wife in 2003 from her first marriage. When she got divorced in 2007, her parents (child's maternal grandparents) started raising the child as their own. We got married in 2008 and legally adopted the Child from My Wife's parents. When we applied for GC for child, we provided the paperwork for divorce, subsequent marriage and adoption from her parents. We got approved for GC in 2012 on this basis.

Passport Agency has come back and asking for paperwork related to show that my wife's parents received the legal custody of the child from herself and her ex-husband, which we do not have.

Questions :

Im seeking advice related to :

1. What is the legal status of our child in case they deny passport. Is he a Green Card or a Citizen or none ?

2. If there any alternative documentation that can be provided. For e.g, my wife is still the biological mother of the child and has her name on the birth certificate. Shouldn't this be enough to support parent child relationship.

3. Can we withdraw passport application and rather apply for N600 first.

4. Even for N600, what paperwork we could provide to this effect.

5. If we do not get passport and we do not even apply for N600, can the child apply for Naturalization once he turns 18 by himself (in another 3 years). If yes, would he be needed to establish the parent / child relationship at that point.

6. How can the child travel overseas in case he needs to while he still does not have a US passport. Can he travel using his Green Card and Foreign Passport.

Saurabh Vedi (Father)

Sorry, I would have to review the regulations. I do not know the answer offhand. You may want to discuss this matter with local counsel where you are located

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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