The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.
Our client had filed an N-400 application for naturalization on his own. However, USCIS issued a Notice of Intent to Deny (NOID) our client’s application for naturalization. The NOID claimed that our client was not eligible for naturalization because she had not been properly granted lawful permanent resident status.
The difficulty in the case is that our client had obtained conditional resident status through her spouse. Our client had filed an I-751 to remove the conditions on her resident status jointly with her spouse in a timely manner. However, before the approval of her I-751, the couple divorced. Our client did not inform USCIS about the divorce, yet her I-751 was approved, granting her lawful permanent resident status.
To meet the strict deadline, our office immediately began to work with the client on the NOID response. We helped our client draft a declaration to explain what happened and showed that the client had properly filed her I-751 and simply did not know she was required to notify USCIS that she had divorced after filing, especially since USCIS did not have instructions to provide updated evidence regarding marital status after filing. Further, we pointed out USCIS’s own policy memorandums, which indicate our client would have been eligible for lawful permanent resident status despite her divorce.
Our efforts were successful, and our client’s N-400 was approved!
An applicant cannot become a naturalized citizen if they received lawful permanent resident (LPR) status by mistake, through fraud, or without following the law. Even without fraud or intentional misrepresentation, an applicant is not eligible for naturalization under INA 318 if their LPR status was granted in error. A naturalization applicant who was ineligible for adjustment of status to that of an LPR may have his or her LPR status rescinded or be placed in removal proceedings.
If you or someone you know has encountered a similar issue and needs the assistance of qualified professionals, please do not hesitate to contact our office. We are here to help!