Queens, NY asked in Immigration Law for New York

Q: Hi. Is it a must that immigration officer has to provide Form N-652 after n400 interview regardless of outcome?

I had an interview in NY office and my brain just frozen due to unexpected questions about my past marriage (through which I got green card), as that marriage was wreck, it took me 5 years to finally forget it and I couldn't answer simple questions to which I should have an answer. I passed though civic test, writing test, oral test - based on officers answer. I have been told that they will contact me, at the end he didn't give me any paper, nor copy of sworn statement and didn't provide N-652. I read on USCIS website that they should give it regardless of outcome. Is it true? Can I use it against them if they decide to deny my application? As well they asked me to leave all of my items: backpack with a lot of papers, jacket (had wallet inside) and asked to wait outside - then called me back for sworn statement due to those questions about my past marriage.

What should I do?

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3 Lawyer Answers

A: Sounds like this is a good time to get an experienced immigration attorney. The scenario you have presented indicates that you may be charged with marriage fraud. If this occurs your naturalization will be denied and you may be referred to the immigration court for removal proceedings. You will be given an opportunity to rebut the presumption of marriage fraud.

A: You need immigration counsel as soon as possible, as a finding that you have not been “lawfully admitted for permanent residence,” will lend to the possibility of removal proceedings. Please contact immigration counsel.

A: It is pretty much a standard protocol to handle the issues after the interview by advising the applicant that a decision cannot be made at this time. The officer may confer with her supervisor before rendering a decision since the new information was introduced in the case. Be as it may, it’s not a denial and you’ll have to wait for the correspondence from the service.

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