Citizenship denied for lack of good moral character

[katiemanny 64]

The incident is not the issue, saying No when the answer was Yes is the issue.

I hope the OP get this one for the who knows how many times.

Edited September 16, 2011 by katiemanny

[lbluemoonl 5]

The incident is not the issue, saying No when the answer was Yes is the issue.

Exactly. According to my lawer and the reports that we got from the police, we have some facts that I can go with to prove that that was just a misunderstanding. I didn't intentionaly say NO to the question.

Edited September 16, 2011 by lbluemoonl

[Kathryn41 3,205]

A number of other posts making judgmental comments, personal attacks and unnecessary editorial commentary after two warnings have been removed. Do not make and do not respond to inappropriate comments - this goes for everyone. If you cannot confine your comments to the discussion of the questions asked only, then do not participate. Any further inappropriate comments or personal attacks will result in thread-bans. This is your last warning.

[katiemanny 64]

Exactly. According to my lawer and the reports that we got from the police, we have some facts that I can go with to prove that that was just a misunderstanding. I didn't intentionaly say NO to the question.

So do you think that your N-400 was improperly denied? This is what you gonna prove in your appeal that your answer to the Good Moral Character was indeed a no and you never ever was cited for an Incident. Did your your lawyer informed you that for an appeal to be approved the mistake most have been in USCIS end?

[Boiler 43,476]

That is going to be a very hard sell.

[lbluemoonl 5]

So do you think that your N-400 was improperly denied? This is what you gonna prove in your appeal that your answer to the Good Moral Character was indeed a no and you never ever was cited for an Incident. Did your your lawyer informed you that for an appeal to be approved the mistake most have been in USCIS end?

there are YES and No answers to your first 2 questions. I'll answer all your questions in detail in few hours. I'm in the school right now and have a class in 30 min.

Edited September 16, 2011 by lbluemoonl

[lbluemoonl 5]

That is going to be a very hard sell.

I agree. But since I have a chance to explian my honest mistake based on the facts, I decided to give it a shot. I'm not filing an appeal. Im going to re-apply with my lawer's help. I was not queit sure when he offered me to do this instead because my understanding of "eligibility in 3yrs" was that I can't re-apply untill 2014. But he says that's just a recommendation. YOu can re-apply anytime if you want to. There are other things that we are considering to argue as well. However it's not a %100-winner case and I know that.

Edited September 16, 2011 by lbluemoonl

[NickD 202]

When the USCIS denied my stepdaughters' application to not responding to alleged battery charges when she was living in Venezuela at 17 months of age, they called that a "miscommunication".

Thought this allegation was so absurd, just called my senators office, they straightened this out in minutes. If you were never arrested for anything, really didn't get into your details, would try your senators' office first. Hopefully it could also be straightened out in minutes.

You have a choice of two senators, look both of them up to learn which one or both has a good immigration department. One of my senators had nothing on his site, the other was far more accommodating, that is the one I chose to call. Congressmen this time of the year are way too busy running for reelection.

[Brother Hesekiel 2,235]

JUST BOB --where did u get your ''information '' about deportation from ? Stop sweating out the man . A person will not get deported for a misdemeanor . He is asking for advise not criticism . Besides I do not think you are legally qualified to give such advise .

Richie Rich,

I did never claim that somebody would be deported for a misdemeanor. Nobody gets deported for petty theft. Under certain circumstances somebody may face deportation for a misdemeanor connected to prostitution or drug-related charges, but it's rather uncommon.

If I suggested deportation, it's because of material misrepresentation in connection with obtaining an immigration benefit. A misrepresentation becomes material, when the object at hand changes the outcome. So if you swear under oath that you never stole anything but the I.O. finds out that you have been charged with theft and convicted for theft and thus denies your petition based on failing to meet the "good moral character" clause, then the denial is not based on the theft, but on the misrepresentation.

A foreigner who is guilty of material misrepresentation to a Federal Agent is very much in danger to get his or her LPR status revoked, which would be followed by a deportation.

Yes, I think I'm legally qualified to give such advice.

[Deputy Purple 1,294]

I agree. But since I have a chance to explian my honest mistake based on the facts, I decided to give it a shot. I'm not filing an appeal. Im going to re-apply with my lawer's help. I was not queit sure when he offered me to do this instead because my understanding of "eligibility in 3yrs" was that I can't re-apply untill 2014. But he says that's just a recommendation. YOu can re-apply anytime if you want to. There are other things that we are considering to argue as well. However it's not a %100-winner case and I know that.

Seek a second Free Consultation, it can't hurt and might save you money & heartache...

Q: Can I reapply for naturalization if USCIS denies my application?

A: In many cases, you may reapply. If you reapply, you will need to complete and resubmit a new Form N-400 and pay the fee again. You will also need to have your fingerprints and photographs taken again. If your application is denied, the denial letter should indicate the date you may reapply for citizenship. If you are denied because you failed the English or civics test, you may reapply for naturalization as soon as you want. You should reapply whenever you believe you have learned enough English or civics to pass the test.

Here is the Link: Note that it lists the source as USCIS!

Here is The USCIS Guide to N-400. Look at the bottom of page 12 of the pdf, the above quote is pulled directly from the USCIS Guide to N-400!

I wouldn't be too confident with what this lawyer is saying as it directly contradicts USCIS's own publication.

Edited September 16, 2011 by Bob 4 Anna

[lbluemoonl 5]

Seek a second Free Consultation, it can't hurt and might save you money & heartache...

I actually just made two appointments for tomorrow with two different immigration lawers to get the second and the third opinion. This first guy I interviewed today had some interesting strategy but Im not quiet sure how it will work in my case. His suggestion is to re-apply. This time with a correct answer to the question and submit your application with additional supporting documents. At the interveiw we discuss the issue with the officer along with other questions he might have. I will admit my mistake explain my misunderstanding. Now he either approves or denies my application. If approved then yay( which is pretty unlikely, if he denies, I have an stronger case to go for appeal for the second time rather than the first appeal. So it's about losing money anyway but at least there is %60-%70 chance to argue and win it in the second appeal since I have already told the truth in the second interview. And this whole process take about a year. I might just wait for another 3 yrs but it doesn't hurt to get some legal advice for free.

Edited September 17, 2011 by lbluemoonl

[lbluemoonl 5]

I actually just made two appointments for tomorrow with two different immigration lawers to get the second and the third opinion. This first guy I interviewed today had some interesting strategy but Im not quiet sure how it will work in my case. His suggestion is to re-apply. This time with a correct answer to the question and submit your application with additional supporting documents. At the interveiw we discuss the issue with the officer along with other questions he might have. I will admit my mistake explain my misunderstanding. Now he either approves or denies my application. If approved then yay( which is pretty unlikely, if he denies, I have an stronger case to go for appeal for the second time rather than the first appeal. So it's about losing money anyway but at least there is %60-%70 chance to argue and win it in the second appeal since I have already told the truth in the second interview. And this whole process take about a year. I might just wait for another 3 yrs but it doesn't hurt to get some legal advice for free.

Another thing I wanted to add is that he agreed that if I didn't get approved, there is no attorney charge. Just the USCIS fees.

[ConcordUser 18]

You can request your own report from FBI. If you goto FBI website you can find a list of companies that are authorized to get you, your own report. Take a look at and see what it says. When you apply for certain jobs they will pull your FBI Report. Clean it up so it can be helpful to you in the future.

[Deputy Purple 1,294]

Another thing I wanted to add is that he agreed that if I didn't get approved, there is no attorney charge. Just the USCIS fees.

And if you're denied without and interview simply because you are not currently eligible to apply for naturalization? You wouldn't have grounds to appeal.

Will this lawyer cover the application fee if his scheme fails?

[lbluemoonl 5]

And if you're denied without and interview simply because you are not currently eligible to apply for naturalization? You wouldn't have grounds to appeal.

Will this lawyer cover the application fee if his scheme fails?

Not the appeal. Just the citizenship. There is a $800 attorney fee for the appeal. The client is reponsible for the application fees.

Edited September 17, 2011 by lbluemoonl