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Here is my situation. I came to USA as an exchange student in 2004 with J1 visa with 2 year rule does apply, after my exchange done, I wanted to continue study in USA, so I just ignore the 2 year rule, want to give a shot for F1 visa, I was lucky and successfully changed to F1 visa. After a few years, I married a USA citizen and get a green card. In 2003, I applied for naturalization and interviewed in Feb 2014, I passed the tests, but the immigration officer said there is an issue about my J1 visa, the question is I have already get a green card, what is that problem? He give me a letter not indicated approve, and he told me that he needs to do some research about that, there may not be a problem while he did not sure. If there is a problem, I will receive a letter in two weeks for extra document, if not, I will receive a oath letter in one month, that's what he said. It has been 8 month, I still get nothing, I called immigration office, they told me to wait, and I got info pass in september to ask, still they told me to wait 3 more month, so what can I do? Do I just wait forever or I need to ask a lawyer to help? Does lawyer have special authorization to contact immigration office directly about my case? Now, I am so worry about if they just rejected me, I need some advise, thank you very much!
you have a green card and you married to a US citizen? And you want the US passport and immigration officer says you have a problem with J1 visa? Did I understand it correct? I don't think they can reject you as far as you married to US citizen as well you have a green card. It is quietly possible passport process will be delayed if they research why you have ignored 2 year rule. Mostly here in EU lawyers cannot do much with immigration law. As they ask you to wait I think you should wait and see what happens. Ask a lawyer to help after you get the letter with their decision. That is what I think as better.
you have a green card and you married to a US citizen? And you want the US passport and immigration officer says you have a problem with J1 visa? Did I understand it correct? I don't think they can reject you as far as you married to US citizen as well you have a green card. It is quietly possible passport process will be delayed if they research why you have ignored 2 year rule. Mostly here in EU lawyers cannot do much with immigration law. As they ask you to wait I think you should wait and see what happens. Ask a lawyer to help after you get the letter with their decision. That is what I think as better.
Passport has nothing to do with US citizenship. USPS versus USCIS.
Passport has nothing to do with US citizenship. USPS versus USCIS.
Then I might misunderstood. Here Naturalization combined with the passport. After I become a Dutch nationality I was not reading any info about US citizenship. Then the info I know might changed long ago.
you have a green card and you married to a US citizen? And you want the US passport and immigration officer says you have a problem with J1 visa? Did I understand it correct? I don't think they can reject you as far as you married to US citizen as well you have a green card. It is quietly possible passport process will be delayed if they research why you have ignored 2 year rule. Mostly here in EU lawyers cannot do much with immigration law. As they ask you to wait I think you should wait and see what happens. Ask a lawyer to help after you get the letter with their decision. That is what I think as better.
Thank you for your response, I have been waited for almost one year, but still nothing, I cannot wait forever, at least let me know what is going on and what I need to do.
Thank you for your response, I have been waited for almost one year, but still nothing, I cannot wait forever, at least let me know what is going on and what I need to do.
You had an info pass in September and were told to wait another three months. USCIS has been backlogged since the shutdown in 2013.
If you were subject to the 2-year home residency requirement, and never fulfilled it or had it waived, you should not have gotten permanent residence (green card status) in the first place. Not only could this result in your being denied naturalization, they could move to rescind your permanent residence. Despite what some people think, being married to a U.S. citizen does not absolve you of any of this. It could have made that waiver of the 2-year requirement easier, had you sought it at the time of the green card, but it sounds like you didn't.
I'm guessing from your circumstances that you adjusted status in the U.S., rather than processing through a U.S. consulate abroad. The form would have asked this question: "Have you ever been a J-1 exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?" If you answered "yes" to that question, they may leave your permanent residence status alone, since granting the application was their error. If you answered "no" they likely will move to rescind your status and try to deport you. They may even try to prosecute for fraud.
You have a serious situation here. Consult a lawyer asap. One place to find one is AILA's Immigration Lawyer Search Under "type of lawyer" choose "Naturalization" or "Deportation-Removal."
If you answered "no" they likely will move to rescind your status and try to deport you. They may even try to prosecute for fraud.
You have a serious situation here. Consult a lawyer asap. One place to find one is AILA's Immigration Lawyer Search Under "type of lawyer" choose "Naturalization" or "Deportation-Removal."
Almost completely outside the realm of possibility. Read the circumstances under which a GC can be revoked and deportation effected. No immigration lawyer is required, simply patience as the whole system is severely backed up right now.
If you were subject to the 2-year home residency requirement, and never fulfilled it or had it waived, you should not have gotten permanent residence (green card status) in the first place. Not only could this result in your being denied naturalization, they could move to rescind your permanent residence. Despite what some people think, being married to a U.S. citizen does not absolve you of any of this. It could have made that waiver of the 2-year requirement easier, had you sought it at the time of the green card, but it sounds like you didn't.
I'm guessing from your circumstances that you adjusted status in the U.S., rather than processing through a U.S. consulate abroad. The form would have asked this question: "Have you ever been a J-1 exchange visitor who was subject to the 2-year foreign residence requirement and have not yet complied with that requirement or obtained a waiver?" If you answered "yes" to that question, they may leave your permanent residence status alone, since granting the application was their error. If you answered "no" they likely will move to rescind your status and try to deport you. They may even try to prosecute for fraud.
You have a serious situation here. Consult a lawyer asap. One place to find one is AILA's Immigration Lawyer Search Under "type of lawyer" choose "Naturalization" or "Deportation-Removal."
It takes a bit more to get deported. OP filed AoS. Do you know the details?
It not only is in the realm of possibility, it happens all the time, and a showing of fraud really is what it takes to get deported. The naturalization process can be, and often is, the trap whereby a person is found out whose permanent residence was obtained due to a misrepresentation on the application, and the permanent residence rescinded.
A knowing false answer to a question that, knowingly answered erroneously, would cut off a line of questioning that could have led to a negative result, is a material misrepresentation. If the OP answered "no" to the 2-year residency requirement question, that would have cut off that line of questioning. If subject to the requirement, and the requirement was never fulfilled or waived, his application would have been denied. So, answering no would be a material misrepresentation, which constitutes fraud. And fraud is a basis for rescission.
If he answered "yes" to the question, indeed he just needs to wait while they figure out how to deal with government error. But if he answered "no", his application is likely sitting in the Fraud Detection Unit at USCIS right now, and that rather unforgiving unit is deciding how to proceed. He can wait, and then deal with the rescission proceeding when it starts, or he can get counsel and try to get out in front of it now.
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