N-400 denied

[geowrian 22,336]

An appeal would be an uphill argument...the case was correctly denied originally. It was only after a change in facts that they may or may not have qualified. A new application would be better suited, although no way to know for sure what they will determine for the GMC requirement.

A FOIA can be filed, but 1) It will take over the 30 days for the appeal, and 2) I don't think anything in the OP's file that isn't already known by the OP was an issue.

Some attorneys are wonderful. Some are con artists. Like anything, one needs to pick one carefully.

[Boiler 43,671]

Agree.

47 minutes ago, geowrian said:

An appeal would be an uphill argument...the case was correctly denied originally. It was only after a change in facts that they may or may not have qualified. A new application would be better suited, although no way to know for sure what they will determine for the GMC requirement.

A FOIA can be filed, but 1) It will take over the 30 days for the appeal, and 2) I don't think anything in the OP's file that isn't already known by the OP was an issue.

Some attorneys are wonderful. Some are con artists. Like anything, one needs to pick one carefully.

 

[BH_2018 2]

2 hours ago, geowrian said:

An appeal would be an uphill argument...the case was correctly denied originally. It was only after a change in facts that they may or may not have qualified. A new application would be better suited, although no way to know for sure what they will determine for the GMC requirement.

A FOIA can be filed, but 1) It will take over the 30 days for the appeal, and 2) I don't think anything in the OP's file that isn't already known by the OP was an issue.

Some attorneys are wonderful. Some are con artists. Like anything, one needs to pick one carefully.

I will not hire an attorney and throw money away. We will suck it up as a loss. I do believe she would have passed the interview if It were not for being on probation. The bar is set very high for citizenship. USCIS holds those citizenship applications to a very high standard and that my friends is a good thing. My wife was in error and she understands that. The timing was just horrible and all the stars and planets lined up perfectly. We are not quitters. She is prepared to wait it out and be successful the next round 5 years from now.

Edited August 6, 2018 by BH_2018

[BH_2018 2]

6 hours ago, aditaha said:

Sorry to hear your case.

I wish you best luck in future.

I would say go for appeal.

And your wife should have also gone for appeal for 90 days imprisonment decision by court, if that was possible.

waiting 5 years again to get clean moral character is unfair.

Appeal is the best option.

I was surprised with the prosecutor upping the penalty. It was not done this way prior to my wife's sentencing. We thought that there would be only A fine and and a dress down from the judge. Nope. We live in a small town with about 1700 pop. and I here that stop arm violations were increasing and the bus drivers were complaining about the increase, so the prosecutor decided enough was enough and my wife just happened to be the first one to fall into the crack-down. Every case for stop arm violation after my wife has been the same sever penalty of 90 days in jail, 88 days stayed and 2 days served on the weekend and a $285 fine. We did have another case in town were a person was charged with Felony stop arm violation. Traveling at a high rate of speed with children present. We should all be mindful of the school bus stop arm. And tell your immigrant spouses to understand the traffic laws. I have learned that the moment the stop sign comes out the camera turns on. This is my public service announcement.