What does the USCIS want for my application if they are asking for a sworn statement? 7 Answers as of January 19, 2012

All they want is a statement under oath about something that they are confused about . . . perhaps your overlapping application for a green card without any proof of a divorce on file. You may be the victim(?) of parallel processing an expression I am coining right now to mean that your first application was not cross-referenced with the second one. It may very well be that your second application that got you the green card was thought to be your first application. The best thing to do is to go and find out what they want. Good luck!

What they could have against you is possible fraud in not accurately disclosing your marital situation. I strongly recommend you retain an immigration attorney to review all prior immigration filings you have made and prepare a statement explaining any "errors" or misstatements. Even though your lawyer may have wrongly advised you , you signed the forms so now they will need to be explained if erroneous.

A sworn statement is a statement sworn under penalty of perjury. It can be requested to use against you. An attorney should review your documents.

When you filed your N-400, USCIS pulled together your entire immigration file to ensure that you are eligible for naturalization. This includes ensuring you did not previously obtain or attempt to obtain immigration benefits through fraud or misrepresentation. They will also be ensuring that you were entitled to receive the immigration benefits that were granted to you. If you were no eligible for your underlying green card than you are not eligible for naturalization. The downside is that you can also be placed in removal proceedings if you were not properly issued a green card. Unfortunately, from the information you have provided, I cannot quite pin down what immigration is looking for from you. The notice you received should have provided more information as to what they need the statement to discuss. The only potential issues I can see based upon the information provided is they suspect you previously engaged in marriage fraud and/or you committed a willful misrepresentation when you failed to disclose your divorce during the I-751 proceedings. I believe it is most likely the second issue, but cannot give a more definitive answer without more information about your history. You should not attempt to handle this on your own. It is very important that you consider retaining an attorney to assist you in responding to the inquiry as not only can the N-400 be denied, but you can also end up in removal proceedings fighting to maintain your lawful permanent resident status.

I would imagine that they want you to lay out the details in an sworn affidavit format, after which, they will likely call you in for another interview to see if they can shake your consistency or get you to admit to any wrongdoing or fraud. USCIS sees the N-400 process as their last shot at you before you become, essentially untouchable, and free of their tyranny. I imagine that they are also curious why, if the facts are as you have stated, these facts were not placed in the record of the divorce court proceedings when you secured a divorce. If they can catch you in a misrepresentation, then they can deny your N-400 on an allegation of bad moral character, and make you wait another 5 years. USCIS is going after your credibility here. If they can actually get you to admit to marriage fraud in the prior marriage, they can go after your green card. I would definitely proceed with caution, but definitely proceed. If the facts are as you have stated, you should be able to prevail.

You have burden of proof in immigration case, that is to say, you have to prove to Immigration agent to their satisfaction that your relationship is in bona fide. They usually consider a few factors. It is not an easy job. It takes understanding of law, persuasive skills to win the immigration officers over to your side. It is never a general question you can expect to get great answer from lawyers' forum like this. You should hire an attorney to prepare this for you.

You need to hire a competent immigration attorney in your area to fully review your case; to represent you for any further communications with DHS; and in particular to analyze whether or not your prior failures to disclose may be grounds for removal from the US. www.aila.org is a great place to start for a directory-this does not mean that all AILA attorneys are competent but at the very least, you should never hire an immigration attorney who is not an AILA member.