On June 23, 1998 Ms. Malkandi (with her husband and two children) entered the United States as a refugee approved by the US government and the United Nations. She came from a refugee camp in Pakistan although she is a national of Iran. December 12, 2000, INS adjusted Ms. Malkandi’s legal status to Lawful Permanent Residence (LPR), retroactive to her June 23, 1998 entry date. Ms. Malkandi’s LPR status is hers in her own right. Her LPR status is not tied to her husband’s status as it was when she was a “derivative refugee”.
In July of 2003 Ms. Malkandi applied for naturalization for the first time, along with her husband. In August of 2005 the DHS denied her application based on allegations against her husband and placed the family in removal proceedings. In the 2005 denial the INS erred by stating that Ms. Malkandi’s immigration status is derivative refugee and not LPR. The Immigration Judge did not order Ms. Malkandi removed. The immigration judge made no findings about LPR status. Instead, the immigration judge granted her asylum.
In 2007, DHS/USCIS returned Ms. Malkandi’s card, form I-551, her “green card” or evidence of LPR status. In June 2007, Ms. Malkandi applied a second time for naturalization. On September 11, 2009, USCIS denied Ms. Malkandi’s naturalization application stating that her lawful resident status is invalid. Ms. Malkandi appealed of the denial. July 11, 2011, USCIS administered a naturalization examination, which Ms. Malkandi passed 100% and our government does not dispute her good moral character. October 17, 2011, USCIS again denied naturalization.
CONCLUSION. Ms. Malkandi’s LPR status was not lawfully rescinded by USCIS nor terminated by the immigration judge. As a lawful permanent resident, Ms. Malkandi is entitled to naturalize. She continues to seek the government’s cooperation and/or a judicial order for her US citizenship.
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