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I have not received a decision on my N-400 application since my interview in September 2011. Hopefully someone can advise me.

Fort Lauderdale, FL |

I recently found out that there was an issue with my application. I was issued a conditional green card. My wife and I applied to take the conditions off and it was done without a second interview. We then divorced and we seemed to have accidentally put on the application to remove conditions that we were still living together but we were separated. I obtained my green card in 2004 and we did not divorce till 2007. I went in for a quick interview and confirmed all the dates and the officer said that it's good that i did not deny anything but the issue was that the original application was not correct. Has anyone come across this issue and if so what is typically the result. Could my green card be taken away and can my N-400 be denied? Any information would be greatly appreciated.

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Attorney answers 4

Posted

The answers to your questions are: "yes" and "yes". Hard to know what happened at your interview without being present there. You can certainly schedule an Info Pass and go to the district office in inquire about your case.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Asker

Posted

Hi Irene, thanks for your response. When you say yes and yes to the two questions, is that essentially the norm or does it all depend on who's desk it falls on? We pretty much went over dates but I could barely remember much of it since it has been almost 10 years since i originally applied. I couldn't even remember the form they were referring to. At the end I was told that it would need to go to a committee for a decision. How long does that normally take and are there any steps I can or should take moving forward? Thanks again.

Irene Vaisman

Irene Vaisman

Posted

If he said that it would go to a committee - that committee decides whether to place you in removal proceedings or not. This can take a while. You may want to start researching immigration attorneys. Most likely they will deny the N-400, whether they would place you in removal proceedings or not with depend on the recommendations of the interviewing officer and the decision of the committee.

Asker

Posted

Thanks for getting back to me Irene. I guess i'll start getting in touch with immigration attorneys to move forward according to how they think would be best. Thanks again for the feedback.

Irene Vaisman

Irene Vaisman

Posted

you are welcome and good luck. I am sorry you have to go through this mess.

Asker

Posted

Thanks Irene. It's ultimately my fault, hopefully it will go somewhat smoothly from here...thanks again.

Posted

First of all only a judge can take your green card away therefore you could possibly be referred to immigration court. The good thing is you were honest about the misstatement on the application. They could possibly ask you to provide proof that you were in fact living together at the time of the filing the I-751 through a request for evidence on the N-400. If this happens you should hire an attorney to write a brief along with the response to the request for evidence. Good luck!

Jacqueline Delgado<p> This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Asker

Posted

Thanks for the response Jacqueline. The issue is that when we filed for divorce we essentially put down that we were separated for 2 years which overlapped the I-751 form. To be perfectly honest I'm having a difficult time actually figuring out the dates since it was in 2005 but ultimately we can't prove that we were living together at that time but we certainly were still married.

Posted

Meet with an attorney ... some immigration officers can make a 'big deal' of this 'untruth' on your I-751.

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.

Asker

Posted

Thanks for the feedback, I guess it's better to do so sooner than later? Is this something that, in your opinion, can be taken care of without an issue?

F. J. Capriotti III

F. J. Capriotti III

Posted

Sooner? Yes, meet with an attorney sooner, rather than later. Yes, it can be a 'non-issue' or, as I mentioned, the immigration officer could make this a big issue.

Asker

Posted

Thanks again. Sorry for the silly question but I have never had to work with an attorney on this so it will be a new direction for me to go in. I also wasn't sure how the process works from within USCIS. Thanks again for your assistance, if you know anyone in the South Florida area, please don't hesitate to pass along the name. Thanks again.

Posted

All you have to to is wait for the decision and then take the appropriate legal venue.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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