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Very unusual N-400 situation!

Arlington, VA |

I had my citizenship interview a couple of days ago based on being a permanent resident for 6.5 years,I obtained my green card through marriage.I filed for divorce after about 2 years and 10 months coz ex was abusive, before I filed for divorce I had an injuction granted against her by the judge.In the citizenship interview everything went well, except the officer realized that exwife withdrew the I75-1 a few days before it was approved! so she withdrew it but yet it got APPROVED! and that was 4 years ago! the officer couldnt make a decision and said had to check with supervisor. Officer knew ex withdrew I-751 because I got the TRO granted against her and filed for divorce so she is getting revenge. it is an odd situation, will I be denied Citizenship my lawyer says not to worry!

Also, when I filed to remove the conditions, I received my new green card in the mail and they said I was approved to remove the conditions and didnt even ask for an interview. So howcome the officer in the interview said that the approval date for the I751 is 1 year after I got the permanent green card in the mail! I also remarried after that and have a daughter but things didn't work out and got a second divorce. I am afraid my green card will get revoked and I wont be able to see my daughter! My lawyer says that if my I75-1 got approved it doesnt matter that they found out that my ex withdrew a few days before the approval and said that I should be approved for citizenship and that everything should be ok. He told me worst case scenario is that I get denied citizenship, then they cancel my I751 and I file a waiver then refile citizenship, how true is that? and how safe is my situation? I pay my taxes,work as a healthcare provider and have no convictions or any other problems.

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Attorney answers 1


I tend to agree with the advice you have received. However, your case is not to be taken lightly (a little worrying is merited under these facts). Your facts could raise concerns for the USCIS regarding misrepresentations on your prior removal of conditions case (did you advise of the separation?) or on your Naturalization case, did you lie about making prior misrepresentations in your current application. (I know it sounds convoluted, but this is actually the thinking of some USCIS offices).

If you want a reliable second opinion, you should schedule a consultation with a second experienced immigration attorney and bring your entire file. If your attorney that is confident in his/her position then they should not have a problem with that.

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