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Godonu

N336 denied

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My brother inlaw came to America with DV lottory (visa free lottory) in 2009 and he apply for citizenship in the year 2014 and he  was denied. Reason for the denial was that he listed  his children's name on the n400 form  but he didn't  list the names of his children on the DV lottery  form while  in  Africa to the Africa consular embassy  and form n336 also denied.

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It was correctly denied. He lied on his visa application. That's a serious matter. Why did he lie? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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*~*~*moved from "bringing family members of LPRs" to "citizenship discussion"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Hong Kong
Timeline

I also wonder what will happen afterward? If he applied in the future, what will happen ? So he was denied on 2014. Is he started to apply again ?

Edited by Holt

N-400 Naturalization Journey SAN FRANCISCO FIELD OFFICE

Total processing time from last successful submission to Oath Ceremony: 253 days (8 months and 11 days)

Spoiler

02/26/2012: Arrived SF airport. 

11/28/2016: Eligible for early-filling.

Day 00 - 12/23/2016: Sent N-400 + I-942 to Phoenix, AZ lockbox via USPS.

Day 03 - 12/26/2016: N-400 application marked delivered.

Day 25 - 01/17/2017: Sent email to support regards to application.

Day 26 - 01/18/2017: N-400 rejected because incorrect payment amount.

Day 32 - 01/24/2017: N-400 + I-942 resent.

Day 34 - 01/26/2017: N-400 application marked delivered.

Day 49 - 02/10/2017: N-400 rejected again because incorrect payment amount.

Day 52 - 02/13/2017: Email form USCIS support responded package was rejected in error (!?) for the first and second time submissions, they requested 3rd resubmission + tracking number in order to apply my earliest priority date. 

Day 52 - 02/13/2017: N-400 + I-942 resent on the same day, also sent a response to Lockbox to provide information to USCIS.

Day 54 (Day 0) - 02/15/2017: N-400 application marked delivered.

Day 62 (Day 8) - 02/23/2017: E-notification, E-mail from USCIS, E-mail from Support announced Resubmission was accepted.

Day 66 (Day 12)- 02/27/2017: Notice of Acceptance as Fees Waiver Approval received. (All fees were waived instead of reduced by half as supposed by filing form I-942)

Day 69 (Day 15) - 03/02/2017: Online Status Update: Fingerprint Appointment was scheduled. 

Day 70  (Day 16) - 03/03/2017: Fingerprint Appointment Letter received. Biometric will be on 3/15/17. 

Day 70  (Day 16) - 03/03/2017: Early Walked-In for Biometric at 3:45 PM.

Day 87 (Day 33) - 03/20/2017: Online Status Update: Case was placed in line for interview. 

Day 234 (Day 180) - 08/14/2017: Online Status Update: Interview has been scheduled.

Day 239 (Day 185) - 08/19/2017: Interview Letter received.

Day 269 (Day 215) - 09/18/2017: Interview 2:30 PM at USCIS SF Field Office. Recommended For Approval. 

Day 280 (Day 226) - 09/29/2017: Oath Ceremony Letter received. N400 is approved.

Day 291 (Day 237) - 10/10/2017: Last Online Status Update: Oath Letter was mailed. Too late!

Day 307 (Day 253) - 10/26/2017: Oath Ceremony in Oakland, CA. Citizenship granted.

Day 307 (Day 253) - 10/26/2017: Passport applied.

Day 321 (Day 267) - 11/09/2017: Passport Booklet received. 

Day 321 (Day 267) - 11/09/2017: Naturalization Certificate received. Journey done.

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Filed: Citizen (apr) Country: Canada
Timeline
6 hours ago, Godonu said:

My brother inlaw came to America with DV lottory (visa free lottory) in 2009 and he apply for citizenship in the year 2014 and he  was denied. Reason for the denial was that he listed  his children's name on the n400 form  but he didn't  list the names of his children on the DV lottery  form while  in  Africa to the Africa consular embassy  and form n336 also denied.

He was properly denied the N400.

Your post serves as proof that misrepresentation on USCIS forms can always come back to haunt the person later on, no matter how many years down the road.

 

He was also properly denied the N336, because the N400 was denied basically based off of misrepresentation from his DV application.   

 

What was his reason for not mentioning his children when applying for the DV lottery?  I'm sure he must have noticed that question on the application form.

 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline
5 hours ago, Holt said:

I also wonder what will happen afterward? If he applied in the future, what will happen ? So he was denied on 2014. Is he started to apply again ?

He would end up getting denied again, most likely.

Basically, he committed immigration fraud/material misrepresentation by lying on the DV form.  Not an easy thing to overcome with USCIS.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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I also feel for the children. Basically their father pretended they didn't exist. If that was my father I'd be very offended and upset. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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3 hours ago, Going through said:

He was properly denied the N400.

Your post serves as proof that misrepresentation on USCIS forms can always come back to haunt the person later on, no matter how many years down the road.

 

He was also properly denied the N336, because the N400 was denied basically based off of misrepresentation from his DV application.   

 

What was his reason for not mentioning his children when applying for the DV lottery?  I'm sure he must have noticed that question on the application form.

 

 

The reason was that he was advised by people around  him that it's not necessary to list his children then, so he could put them whenever he ready to become citizen because his citizenship is authomatic. Advice pls

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Filed: Country: Jamaica
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15 minutes ago, Godonu said:

The reason was that he was advised by people around  him that it's not necessary to list his children then, so he could put them whenever he ready to become citizen because his citizenship is authomatic. Advice pls

Citizenship for children is not automatic, you have to prove relationship.  How did he explain the section about children on DV application.  He had to answer he did not have any.  So the denial was fair and just.  Why lie about children, would that have made him ineligible for DV?  He was well aware that he did not list his children.  There is nothing else he can do, he has no path to citizenship based on this reason.

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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11 hours ago, JFH said:

It was correctly denied. He lied on his visa application. That's a serious matter. Why did he lie? 

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

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Filed: Citizen (apr) Country: Hong Kong
Timeline
2 hours ago, Godonu said:

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

First of all, I am sorry about this. I guess everyone has explained and given an answer for him. The simplest answer is: He would get denied again, and there is no way for him to get citizenship.

However, recommend him to consult an immigration lawyer to see what is his options.

N-400 Naturalization Journey SAN FRANCISCO FIELD OFFICE

Total processing time from last successful submission to Oath Ceremony: 253 days (8 months and 11 days)

Spoiler

02/26/2012: Arrived SF airport. 

11/28/2016: Eligible for early-filling.

Day 00 - 12/23/2016: Sent N-400 + I-942 to Phoenix, AZ lockbox via USPS.

Day 03 - 12/26/2016: N-400 application marked delivered.

Day 25 - 01/17/2017: Sent email to support regards to application.

Day 26 - 01/18/2017: N-400 rejected because incorrect payment amount.

Day 32 - 01/24/2017: N-400 + I-942 resent.

Day 34 - 01/26/2017: N-400 application marked delivered.

Day 49 - 02/10/2017: N-400 rejected again because incorrect payment amount.

Day 52 - 02/13/2017: Email form USCIS support responded package was rejected in error (!?) for the first and second time submissions, they requested 3rd resubmission + tracking number in order to apply my earliest priority date. 

Day 52 - 02/13/2017: N-400 + I-942 resent on the same day, also sent a response to Lockbox to provide information to USCIS.

Day 54 (Day 0) - 02/15/2017: N-400 application marked delivered.

Day 62 (Day 8) - 02/23/2017: E-notification, E-mail from USCIS, E-mail from Support announced Resubmission was accepted.

Day 66 (Day 12)- 02/27/2017: Notice of Acceptance as Fees Waiver Approval received. (All fees were waived instead of reduced by half as supposed by filing form I-942)

Day 69 (Day 15) - 03/02/2017: Online Status Update: Fingerprint Appointment was scheduled. 

Day 70  (Day 16) - 03/03/2017: Fingerprint Appointment Letter received. Biometric will be on 3/15/17. 

Day 70  (Day 16) - 03/03/2017: Early Walked-In for Biometric at 3:45 PM.

Day 87 (Day 33) - 03/20/2017: Online Status Update: Case was placed in line for interview. 

Day 234 (Day 180) - 08/14/2017: Online Status Update: Interview has been scheduled.

Day 239 (Day 185) - 08/19/2017: Interview Letter received.

Day 269 (Day 215) - 09/18/2017: Interview 2:30 PM at USCIS SF Field Office. Recommended For Approval. 

Day 280 (Day 226) - 09/29/2017: Oath Ceremony Letter received. N400 is approved.

Day 291 (Day 237) - 10/10/2017: Last Online Status Update: Oath Letter was mailed. Too late!

Day 307 (Day 253) - 10/26/2017: Oath Ceremony in Oakland, CA. Citizenship granted.

Day 307 (Day 253) - 10/26/2017: Passport applied.

Day 321 (Day 267) - 11/09/2017: Passport Booklet received. 

Day 321 (Day 267) - 11/09/2017: Naturalization Certificate received. Journey done.

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2 hours ago, Godonu said:

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

We have told you the answer already. Do you think that if you keep asking the question that the answer will change? 

 

Who told hm to lie? What did he think the purpose of the question was if the answer doesn't matter? He wasn't asked to list his favorite foods or what movie he last saw because this information doesn't matter. The question about children is asked because it must be answered. It's not there just to fill up space on the page. And it must be answered truthfully. Not only did he lie about the children but he also lied when he signed the form that, under penalty of perjury, all the information provided is correct.

 

He is a grown adult so he is responsible for his own forms and the content thereof. If a lawyer told him to lie then he should sue the lawyer. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Citizen (apr) Country: Canada
Timeline
2 hours ago, Godonu said:

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

Unfortunately, he should have followed what the application asked---because it wasn't an "optional" question.

There is no legal path for him to citizenship as there is no waiver to excuse purposeful misrepresentation...it's not like he could say he "forgot" to list them, or use "my friends told me I didn't need to" as a valid reason for intentionally leaving out the fact he has children on his DV application.

 

At this point all he can do is apply to renew his green card when it expires.  There is a chance his green card renewal will be denied as well, since the reason for his N400 denial and N336 denial will be in his permanent file, and USCIS may then determine he was never appropriately/properly approved for his initial green card. 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
2 hours ago, Godonu said:

He didn't mean to lie, it was what he was been told. People told him that , putting his children didn't. Mater then, said he can put their names when he is ready to do his citizenship . Anyway we just need you guys experience and advice or way out for him. Thanks a lot 

He needs to stop listening to those around him regarding US immigration...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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