No decision can be made: N400

[starks 0]

I had my naturalization  interview 1 month ago. I was approved initially and was given N-652, accordingly. Then the IO started flipping the  pages of the folder in front of him and starts asking me questions about an incident I did not even remember at the time.  He said that he overlooked something in my file and took the N-652 back from me. Then he gave me a new N-652 with the "decision cannot be made" marked on it.

 

The incident IO was asking about  took place 4 years ago when I decided to help a person from my country of origin. I hosted her temporarily (for about 10 days only) until she finds herself a place to stay. But then she started acting very strange. I had  2 small kids at the time and got worried about their safety and asked her to leave.. Then she created a scene. When she left my place she called the police on me. Police asked me questions about what happened and they left with her and that was the last time I saw her.  

 

As far as I understood from the questions I got from the IO... this girl made false claims about me saying that I employed her as a nanny, helped her get a visa (she was on tourist visa) and  all those nasty things. I have never been cited, appeared in court, fingerprinted for this matter.

 

The IO made me sworn and started asking questions like: 1) did you help anyone get a visa; 2) did you employ anyone illegally  and so on.

 

I answered all questions truthfully. He told me that he needs to see the police report. My understanding was that he was going to ask for it directly. Now I am thinking that I am to provide that report, however I have never got N-14 (Request of Evidence) form on that day or later in the mail.

 

I  filed "Public Information" request with the city police department and got a letter from them indicating that they could not find any record on my name.    My questions are:

 

1) should I send this letter I got from the police department to the IO?

2) if the police department could not find any records on me, how did incident come up  during interview?

3) Police department search their database only through name or incident number. I do not have the incident number. And my name might have misspelled in their records. What else can I do?

4) should I hire a lawyer? 

 

Please help me... I am very distressed and concerned.

 

Thank you!

[kris&me 572]

you state you helped someone from your country .  How did u help? just letting her stay for a  visit is not help to get a visa

there must be more to the story 

you would have had to help her by saying she is under your employ for her to get work visa / so what kind of visa was she here under?

if she was here by your williness to help, you shoud have called police to have her refomed/ she is now illegally here if still in the states and u may be responsible for that situation

yes, it may be time for a lawyer

 

Edited October 26, 2017 by kris&me

[starks 0]

Thank you for your quick response. I was asked by a friend if this person could stay at my place for a few days. I said "OK". Just like I was helped when I came to the US to study for the first time. She was on a tourist visa and I heard that she left the USA  1 week after the incident. How can I help someone to get a tourist visa?  Me helping her to get visa is one of the"false" claims made by her.

Edited October 26, 2017 by starks

[JoeSchmoe2017 92]

Definitely time for professional advice since the IO somehow got info about the incident.  Good luck. 

[candybabe 46]

56 minutes ago, starks said:

Thank you for your quick response. I was asked by a friend if this person could stay at my place for a few days. I said "OK". Just like I was helped when I came to the US to study for the first time. She was on a tourist visa and I heard that she left the USA  1 week after the incident. How can I help someone to get a tourist visa?  Me helping her to get visa is one of the"false" claims made by her.

on of the questions in the numerous forms we sign is whether you have ever helped / harbored any illegal / out of status aliens  -  she may have said she has a tourist visa but that may not be true or she may have overstayed intentionally and when arrested the police put a note on the address they picked her up from ....etc .....I am sorry this happened to you ....it is amazing how much info they have access to...

[starks 0]

Thank you.

 

I am 100% positive that she was legal and on a tourist visa. I saw her passport and returned 1 week after the incident. She was completely crazy and didn't  know what she was doing.

 

My question is that can my appplication be denied based on a simple police report that is full of  false claims and that I was not even aware of?   No court, no detention, no arrest, no citation.. just a police report I was not even told about.

 

Should I send the letter I got from the police department indicating that "no records have been found" to the IO in any case?

Edited October 26, 2017 by starks

[candybabe 46]

3 minutes ago, starks said:

Thank you.

 

I am 100% positive that she was legal and on a tourist visa. I saw her passport.

 

My question is that can I be denied based on a simple police report that is full of  false claims and that I was not even aware of?   No court, no detention, no arrest, no citation.. just a police report I did not even told about.

 

Should I send the letter I got from the police department indicating that "no records have been found" to the IO in any case?

Well - the key is that you did not disclose it - there is another question on the N-400 that asks you under oath if you ever with held any information - it is a broad question but nevertheless... Maybe the officer knew about  the incident and waited until the end to see if you would bring it up - who knows ? they are always trying to trip people up -

Your best bet is to make an infopass appointment - take the original document from the police and meet with your interview officer - leave the documents with them as a sign of good intention - and then wait .....

 

[candybabe 46]

8 minutes ago, starks said:

Thank you.

 

I am 100% positive that she was legal and on a tourist visa. I saw her passport.

 

My question is that can I be denied based on a simple police report that is full of  false claims and that I was not even aware of?   No court, no detention, no arrest, no citation.. just a police report I did not even told about.

 

Should I send the letter I got from the police department indicating that "no records have been found" to the IO in any case?

And I would also get a statement from the friend that suggested she stays with you as to the purpose of housing only for a determined period of time..... they basically want to make sure that she didn't work in exchange for housing while on a tourist visa ....

[starks 0]

Thank you. I will do the info pass tomorrow and submit the letter. As to the person, I haven't seen her since that day and not sure if she would give me such a statement after lying to the police.

[SusieQQQ 11,588]

9 hours ago, starks said:

 

 

I am 100% positive that she was legal and on a tourist visa. I saw her passport and returned 1 week after the incident. She was completely crazy and didn't  know what she was doing.

 

I find this mildly curious. I’ve never checked the passport and visa of any houseguest I’ve had, nor have I ever been asked to show mine to any host. It does kind of sound more like something an employer would do.

i also find it odd that someone would come in on a tourist visa then go to the police and claim they’ve been illegally employed. You’re saying she just did this because she was crazy?