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N-336 form after n-400 denied

By Benada in US Citizenship Case Filing and Progress Reports

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Benada Newbie

Benada   0

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I was denied us citizenship with n-400 form and interview ( i passed the interview) but when i was asked if i voted presidency in 2016 and i realized i did by mistake. Not sure what to do now that i denied citizenship due to good moral character that i did not meet because i vote illegaly. Anyone experience the same? Need advices and tips as i plan to appeal with n-336 form and need to renew my permanent resident as well since it is going to expire in two

months from now. 

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Ischnura
Ischnura

In 20  years you suddenly decided to vote in one particular election 'by accident'. . .

CheeseMonstah
CheeseMonstah

I understand, I too once tripped on the curb and almost ended up voting by accident. A friend of mine had a case of hiccups that was so bad he accidentally ended up running for election. These things

NigeriaorBust
NigeriaorBust

When you get your green card in the envelope there is  a welcome to the US pamphlet which among other things warns you that you can not vote.  So no one with a green card can claim there have not been

CTgal18 Enthusiast

CTgal18   157

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

Do not waste your money on appeal, you were rightfully denied. Instead use the money to consult an immigration lawyer because claiming to be a US citizen when you’re not one (which you did when you registered to vote AND actually voted) is a deportable offense. 

 

 

https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5684.html

 

INA: ACT 237 - GENERAL CLASSES OF DEPORTABLE ALIENS

 

(6) 9/ UNLAWFUL VOTERS-

 
(A) IN GENERAL- Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is deportable.
Edited by CTgal18

🇺🇸N-400 Timeline🇺🇸 

2/02/18 Filed Online 

2/02/18 Application Received 

2/03/18 Biometrics Appointment Scheduled

2/20/18 Biometrics Completed

5/04/18 Interview Scheduled

6/14/18 Interview (Approved)

7/10/18 Oath Ceremony Scheduled

7/26/18 Oath Ceremony

 

U.S. Citizen as of July 26, 2018! :)

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

If you claimed to be a US citizen, the only option is to convince the immigration judge (with a very good attorney at hand) that you did it unintentionally. This is possible according to the law. If your misrepresentation was not willful, you stand a chance to preserve the LPR status and then file again the N-400 if eligible. So yes, sometimes ignorance of your status and the law can save you from consequences. So tell us honestly, why did you vote?? 

 

Also, if you did not willfully misrepresent yourself as a USC, the burden of proof is on you to show that for civil (immigration) purposes. Be aware that this could also result in serious criminal charges, and for those the burden of proof is on the prosecution.  

Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Agreed...you likely claimed to be a USC by voting in a federal election. That's grounds for removal. Seek good professional representation.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Benada Newbie

Benada   0

Posted
Timeline
  • Author
Posted
1 hour ago, Benada said:

I was denied us citizenship with n-400 form and interview ( i passed the interview) but when i was asked if i voted presidency in 2016 and i realized i did by mistake. Not sure what to do now that i denied citizenship due to good moral character that i did not meet because i vote illegaly. Anyone experience the same? Need advices and tips as i plan to appeal with n-336 form and need to renew my permanent resident as well since it is going to expire in two

months from now. 

Honestly, I did not come to think I was not allowed to vote and I have been here in the states for 20 years and having my kids growing and coming to understand government system, being the mom to teach my older son how it all works came naturally and I did not think if I was allowed to vote or not. Sigh, it was a honest mistake. Thanks everyone for your advice... apparently I need to get a lawyer and help me with this but i need to renew my permament resident first then take care of the appeal or work with lawyer on what to do next for the citizenship ? I hope I am doing the right thing.

Benada Newbie

Benada   0

Posted
Timeline
  • Author
Posted
21 minutes ago, TNJ17 said:

Yikes. Yeah I second consulting with an immigration attorney because that seems to be the only way out for you. Why would you register to vote when you know you can’t?!

I know, it was a honest mistake. I'm freaking out and dont know if I will get any sleep over this.

Benada Newbie

Benada   0

Posted
Timeline
  • Author
Posted
1 minute ago, love_my_wife said:

I have seen few posts where folks have voted in spite of being LPRs which is a very serious lapse.. While registering, don't they ask this question - "Are you a US citizen" ? That should stop any non citizen to move forward with voter registration...

They didn't even ask me.. they took my drivers license and let me in... during that time I wasn't even thinking. If I knew i wasn't even allowed, i wouldnt have done it.

 

cd37 Collaborator

cd37   229

Posted
Filed: Country: India
 Timeline
Posted
4 minutes ago, love_my_wife said:

I have seen few posts where folks have voted in spite of being LPRs which is a very serious lapse.. While registering, don't they ask this question - "Are you a US citizen" ? That should stop any non citizen to move forward with voter registration...

They should be checking persons proof of citizenship so that these cases dont happen and ofcourse its op’s mistake. Some honest mistakes are unbelievable. Good luck.

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
6 minutes ago, Benada said:

Honestly, I did not come to think I was not allowed to vote and I have been here in the states for 20 years and having my kids growing and coming to understand government system, being the mom to teach my older son how it all works came naturally and I did not think if I was allowed to vote or not. Sigh, it was a honest mistake. Thanks everyone for your advice... apparently I need to get a lawyer and help me with this but i need to renew my permament resident first then take care of the appeal or work with lawyer on what to do next for the citizenship ? I hope I am doing the right thing.

If it was an honest mistake you do have a chance to preserve the LPR status, as I said (forget the N-400 for now). If you honestly believed you were a USC (as many immigrants who become LPRs as children do, for some reason) you did not commit the offence. But the burden of proof is on you. I would not advise filing for GC renewal without a lawyer. You may be asked in I-90 about misrepresenting yourself as a USC. 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
2 minutes ago, cd37 said:

They should be checking persons proof of citizenship so that these cases dont happen and ofcourse its op’s mistake. Some honest mistakes are unbelievable. Good luck.

Some Democrats wouldn't even allow for IDs to be checked, let alone the proof of citizenship. I can see how it can happen. Also, in some states they are very pushy to register everyone to vote, without any scrutiny. There were even mistakes when they registered LPRs to vote against their will (they fixed the bug). 

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

cd37 Collaborator

cd37   229

Posted
Filed: Country: India
 Timeline
Posted
1 minute ago, randomstairs said:

Some Democrats wouldn't even allow for IDs to be checked, let alone the proof of citizenship. I can see how it can happen. Also, in some states they are very pushy to register everyone to vote, without any scrutiny. There were even mistakes when they registered LPRs to vote against their will (they fixed the bug). 

Ofcourse they wanted to win desperately in 2016..lol

randomstairs Community Regular

randomstairs   303

Posted
Filed: Citizen (apr) Timeline
Posted
6 minutes ago, cd37 said:

Ofcourse they wanted to win desperately in 2016..lol

Yeah, I know :) In California the DMV is automatically registering all citizens who apply for new DL or ID. So far no errors happened with regards to non-citizens but they did duplicate some registrations and unregistered many from their party. That was a big deal in CA this year.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

TNJ17 Proficient

TNJ17   1,329

Posted
Filed: K-1 Visa Country:
Timeline
Posted
36 minutes ago, randomstairs said:

Some Democrats wouldn't even allow for IDs to be checked, let alone the proof of citizenship. I can see how it can happen. Also, in some states they are very pushy to register everyone to vote, without any scrutiny. There were even mistakes when they registered LPRs to vote against their will (they fixed the bug). 

Oh whatever. How is this a Democrat thing? I’m pretty sure that it doesn’t matter whether they are a democrat or republican or whatever for them to not bother with checking IDs. That shoutout to democrats was uncalled for and ignorant. 

43 minutes ago, love_my_wife said:

Well, I don't know which country you are originally from, but it is basic and common sense and knowledge that only citizens of a country are allowed to vote in their elections. This should have stopped you from registering to vote and then voting. I have never thought of registering to vote in my wildest of dreams!

Yeah I don’t get it either. That is as basic as it gets. 

 
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