I am not here illegally. Why are they deporting me?So one day, you are looking at your Green Card and it's been 15 years since you got it. My question to you is, why haven't you filed for citizenship? Funny thing is, you're asking yourself the same question. Yes, why haven't I filed for citizenship? It's at that point that you go to the USCIS website download the N-400 Petition, fill it out, and provide all supporting documents including the filing fee and you send it out to USCIS. The U.S. Elections are coming up in 2020 and you're more than pumped to vote in the next presidential election. After submitting the N-400 Application for Citizenship, you get a notice in the mail confirming that USCIS has received your petition. You're pumped and excited. You do some online research and find out that it will take a few months to get an interview for your Citizenship. A few months go by and BAM, you got a letter in the mail from USCIS stating that you are scheduled to have an interview. WOW! You're one step away from becoming a full-fledged citizen of the United States of America - the most powerful country in the world. A rush of patriotism fills you. Start your flag waving! THE DAY OF THE INTERVIEW The day of the interview comes and you answer all the questions that the officer asks of you. You pass the civics test and the written test. You think you're on your way to the oath ceremony. Then the officer gives you a piece of paper with two X's on it. At the very top of the page it is X'd stating that "You passed the test of English and U.S. history and government." Five lines down there is another X where it reads, "USCIS will send you a written decision about your application." You're bummed and the officer tells you that a decision is pending further review. A LETTER FROM USCIS IN THE MAIL: You get a letter in the mail thinking it's your approval. Instead it's an NTA, a Notice to Appear. An NTA (Notice to Appear) is a charging document given to you (or, served upon you) stating that there are allegations you are being charged with and that you must appear before an Immigration Judge on a particular date for what's called a Master Calendar Hearing (MCH). Uh oh! This can't be good. It's not. NEVER IGNORE AN NTA. CALL A LAWYER IMMEDIATELY. You are frantically reading the charges against you and one of the charges reads, states that "You procured your admission, visa ,adjustment, or other documentation or benefit by fraud or by willfully misrepresenting a material fact, to wit: you claimed to be single on your immigrant visa however Service records show that you were married to Tom Cruise on January X, 20XX." Guess you forgot to mention that you were married to Tom Cruise and you put down on your application that you are now divorced or separated. You were married to him at the time of the initial green card or visa application. WHEN YOU APPLY FOR CITIZENSHIP YOUR ENTIRE IMMIGRATION HISTORY IS UNDER SCRUTINY Don't think that just because you now possess your Green Card that the fact that you lied on a Visa or Adjustment application it won't come and bite you in the rear 20 years later. It will. Your entire immigration history comes under review again from the very first visa onwards. As a result of a misrepresentation you can be thrown into removal. It is vitally important that you are honest in ALL aspects of your immigration filings. It will come and bite you. Removal proceedings are costly and can have permanent consequences. It is VITALLY important that you seek out competent counsel before entering that courtroom. NOTHING IN THIS POSTING SHOULD BE CONSTRUED TO BE LEGAL ADVICE NOR SHOULD ANYTHING BE CONSTRUED AS HAVING FORMED AN ATTORNEY-CLIENT RELATIONSHIP.
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AuthorM. Ray Arvand, Esq. Archives
October 2017
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