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Citizenship Issue

Lexington, KY |

Hi, I had the interview on June 2012 for my citizenship. I have not heard from them since then. I have not got any decision. In Nov. 2012 I got divorced. Does the divorce affect my case ? What should I do next? I keep tracking my case status online, no progress. Please suggest. Thanks in advance.

I have employment based green card. My wife and kid were in foreign country that time. They joined me after 3 years of my green card. I have filed form I-864 for them. My ten years still not finished and I got divorced in the middle of the case. After I got my green card, My employer was arrested for bankruptcy fraud. At my citizenship interview, they asked about my employer and the fraud. They asked me if I paid any money to get green card. I denied the involvement of any money for the process. The whole process for green card was fully legal .Now here I am, waiting for their decision. Is my case still the same after the details above ? Thanks in advance.

Attorney Answers 5


  1. Yes, divorce does affect your case. Also you should schedule an info-pass and inquire in person. Finally, you should consult with an immigration attorney. In some circumstances, it might be appropriate to seek federal court intervention.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  2. Make an InfoNet appointment and go in-person.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. The divorce will not affect your application for citizenship, unless you claimed citizenship after 3 years of permanent residence.
    As far as the delay, the law provides that the USCIS must decide your case within 120 days from the date of the first interview. If the USCIS does not do so, you can hire a lawyer to file an action called writ of mandamus in Federal Court.


  4. Did you get your green card based on marriage to that spouse you recently divorced?

    Did you apply for naturalization within 3 years of getting your green card, as opposed to 5, based on a claim that you had been living in maritial union with a USC spouse for 3 years before the N-400? If so, were you still living together with your spouse in June, 2012, or had things already broken down to the point where you were living separately? (which would be entirely reasonable, given the issuance of a final decree only 5 months later).


  5. Since it appears the green card was not through your wife, the divorce should have no impact on the case. More likely, it is because of the problems with your former employer. CIS may still be looking into how you obtained your green card and whether there was any "funny business" going on, given the employer's legal "difficulties."

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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