A green card holder applying for citizenship faced a shocking problem during their N-400 naturalisation interview. The USCIS officer took away their green card even though the interview went well, leaving the petitioner confused about the effect on their oath ceremony.
Irregular Procedure by USCIS
Experts say this action is highly unusual. A Legal Permanent Resident must always carry their green card and should keep it until they become a US citizen at the oath ceremony. The card is normally surrendered only at the check-in desk before the ceremony.
What Should Have Happened
If the oath is not held on the same day, the officer must return the green card. If not possible, they must issue an I-551 ADIT stamp. This stamp on the passport proves continued LPR status until citizenship is granted.
Legal Issues Created for the Petitioner
By taking the green card away, the officer has created a serious legal problem. Without it, an LPR cannot prove their residency. This places them at risk of being considered in violation of immigration laws due to lack of status proof.
Immediate Action Required
The petitioner has been advised to contact USCIS at once and ask for a supervisor. They must get the green card back or receive an ADIT stamp. If this is not resolved, they may be forced to file the costly I-90 Form for a replacement card.
Responsibility of USCIS
An immigrant should not face consequences because of a USCIS officer’s error. Proper procedure must be followed to protect the legal status of every applicant.
