The 8th Circuit of Appeals in a recent case ( Al-Saadoon v. Holder) dismissed the appeal by the alien who claims that the denial of his N-400 application was in proper. Essentially the USCIS found out that Mr. Al-Saadoon had several months of unauthorized employment before he adjusted his status to permanent resident in 2007. The USCIS then alleges that Mr. Al-Saadoon's adjustment of status was approved in error and therefore he was never lawfully admitted to the united States.
Many N-400 applicants erroneously believe that they can apply for naturalization once they have the number of years of LPR residence. the fact is that the USCIS reviews everything in the applicant's file and many potential problems may cause the derail of the application. We have seen the USCIS denies N-400 based on the lack of employment when the LPR was based on employment; denials based on issues at the adjustment of status or at the immigrant visa application at the consulate.
To make things worse, sometimes after the denial, the USCIS would simply leave the applicants in a limbo by not issuing Notice to Appear. Many applicants may have relief in immigration court if referred to court.
We will be happy to advise or represent you if you contact us.