[My Question]
Now I have had some trouble with CIS and CBP. Could you please read the attached file about my case and give me an advice if it is convenient for you?
In the notice of a review hearing send to me by the local CIS in denying my eligibility for naturalization, the final sentence was that “There is no administrative appeal to this decision. You may apply for de novo review to the United States District Court no later than 120 days after the date of this final determination.” Do you think it will be worth for me to do that? I was told that the CIS would pay my lawyer fee if I win the case.
My email is t_zhang50@yahoo.com
[My Case Outline]
I am a Permanent Resident since 1993. I am an well-educated nice gentleman and high-tech scientist. I have been stayed US as a resident for almost 20 years. I have been continuously stayed my present apartment with the same address since 1992. I have received Form N-445, Notice of Naturalization Oath Ceremony several times since last July while I visited Shanghai, China.
My case is very simple. The whole thing was caused just for my postponing for one week to return US in the last October. I did nothing wrong and I have had all required valid entry documents while I returned US.
However, now it becomes my nightmare and resulted in some unbelievable big troubles for me. Some Officer at the CBP lost my passport and green card in mail at the end of last year and then manipulated my case. I received the letter of “Notice of Hearing in Removal Proceedings” from Immigration Court, Denver, CO dated 5-20-05 and Form I-862 “Notice to Appear” dated 2-9-05 from my local CBP in Salt Lake City.
As a directly result, my citizenship application has been denied twice after receiving the notice of Oath Ceremony in July 2004 due to the removal proceedings for me now.
In the Form I-862 “Notice to Appear” dated 2-9-05 all three charges are wrong, baseless and misconduct. Each of them can easily be ascertained immediately.
The first charge is “out of the United States for a period of 23 months in 1999.” In fact, it should be 11 months rather than 23 months. The Officer of Customs Service at San Francisco International Airport made this simple and clear mistake in 1999. He put a wrong notation on my passport. However, (i) there is a clear seal on my old passport, which indicates the entrance registration date in China was February 25, 1998, rather than February 25, 1997. (ii) I kept my airplane tickets for the trip of February 1998. (iii) Further, it already has been made clear in my interview under the US citizenship process in 2003.
The second charge is that I did not have a reentry permit. In fact, it was not necessary for me to have a reentry permit in view of that I was out of US for 7 months rather than over 1 year.
The third charge is that “You are an immigrant not in possession of a valid unexpired passport.” In fact, I have had a valid unexpired passport.
On 11-24-2004 while I returned US from China I was in possession of all required valid entry documents, including (i) my unexpired passport, (ii) my green card, (iii) a transportation letter issued by States Embassy in Beijing, and (iv) Form N-445, Notice of Naturalization Oath Ceremony, which was sent to me from USCIS. Therefore, I have had fully admissibility to return US.
While I was in Shanghai, China I visited U.S. Department of Homeland Security in States Embassy in Beijing for three times in last September, October and November. I was told that there would be no any problems for me to return US with a transportation letter.
However, I was confined for more than four hours by the CBP in LA airport without any reason and explanation. Then the CBP in LA retained my green card and passport under “Order to Appear Deferred Inspection” and told me to pick them up from my local CBP two weeks later. They only repeatedly said to me “Your transportation letter is not a reentry permit.” I didn’t argue anything with them during that time.
After two months Officer Mr. Vann at my local CBP in Salt Lake City told me that they lost my green card and passport in mail. He said he wanted to close my case and to let me apply a new green card without charge. And I needed to take care my passport by myself. I asked him only one question ”why I was asked for Deferred Inspection.” Then Mr. Vann asked me to wait his letter. Around 2-2-05 Mr. Vann informed the local CIS to cancel my oath ceremony scheduled on 2-15-05. On 2-9-05 Mr. Vann sent me “Notice to Appear”.
I have been undergoing the US citizenship process since September 2002 and waiting for oath ceremony. My green card is expired in 2003. In order to indicate my present status and let me take some trips abroad without applying a new green card, the Officers of CIS marked some notation in my passport. It is annotated that: “Processed for I-551. Temporary evidence of lawful admission for permanent residence valid until May 04 2004. N-400 pending.” And “FP notice issued. Validity extended until October 14, 2004. N-400 pending.”
I visited Shanghai, China last year. On last September 14 I visited U.S. Consulate General Shanghai in order to extend the return date for one week (the deadline October 14, 2004 marked in my passport), and was told that I needed to contact Beijing Embassy. Later I visited States Embassy in Beijing for three times to submit my transportation letter application in order to return US after the deadline of October 14, 2004.
My email is t_zhang50@yahoo.com