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Niagara17

N400 Case was Denied - Please any suggestions and advice for me

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Hey everyone, hope everyone is doing well today ! I need your help.

 

I stunned this morning at the decision of my N400 being denied. I wanted to get some advice to what I might be looking forward to and the next steps to take. I'll provide the details of my application and the interview below. 

 

General Details:

- Came to US on March 2017 under FX1 category.

- Issued my green card on 03/2017 and will be expired on 03/2027.

- Filed N400 under 5 year rule on 01/2022

- Gave Bio metrics on End of Feb 2022.

- Gave interview on 09/09/2022 at Philadelphia USCIS office. Passed the English and civic test. IO told me decision cannot make right now.

- Had a summery offence on May/2019 for charged with Retail Theft- After Label/Pricing Marking.   

 - Court Case Output came on July 2019 I pleaded guilty and were sentenced to pay fines and costs. Which I paid on same day and case was closed.

  - No Hand Cuffs, No Jail time, No Probation

 

Evidence Details:

- Provided all relevant documents like marriage certificate copy, GC Copy, Current passport copy, kids Date of birth certificate and court certified copy which was showing case was closed and paid fines.

- IO did not ask any more dox.

 

On Denied Letter:

 

To be eligible for naturalization, you must demonstrate that you are a person of good moral character. USCIS finds that the unlawful act you committed and were convicted of adversely reflects upon your moral character. Additionally, you have not established any extenuating circumstances that would warrant a departure from this finding. Since you have not established that you are a person of good moral character because of the crime you have committed, you are ineligible for naturalization at this time. See INA 101(f) and 316(a)(3) and Title 8, Code of Federal Regulations (8 CFR), section 316.10(b)(3)(iii). If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of service of this decision (33 days if this decision was mailed). See 8 CFR 336.2 (a) and 103.8(b). Without a properly filed Form N-336, this decision will become final. See INA 336.

 

For questions about your application, you can use our many online tools (www.uscis.gov/tools) including our virtual assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact Center by visiting www.uscis.gov/contactcenter.

 

Could you please guide me in this situation. Can I contact my area's congress man ? What should I do? 

 

I will be waiting for your comments. Quick response will be appreciated  :)

 

Thanks in advance :)

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Filed: K-1 Visa Country: Wales
Timeline

Filed too early appears you are not eligible until July 2024

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

That is what the letter says

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Morocco
Timeline
  • see if your state laws allow the charge to be expuned as mentioned the CO does not believe u  have good moral character 

 

  • and 316(a)(3) Has resided continuously within the United States, as defined under § 316.5, for a period of at least five years after having been lawfully admitted for permanent residence;   Green card from 2/2017 to 2022 is 5 years so how long did u spend outside the US?
  • and Title 8, Code of Federal Regulations (8 CFR), section 316.10(b)(3)(iii). states 
  • (iii) Committed unlawful acts that adversely reflect upon the applicant's moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of § 316.10(b) (1) or (2).
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Worth filing the N-336 , even if DIY . 

Show why you merit discretion: good / ethical worker ( get letter from boss), great family role model ( get letter ) , valuable member of community ( letter from church or volunteer org)..NO other contact w law enforcement/convictions.

 

Argue the conviction is not CIMT and qualifies for the petty offense exception.
 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5

Conviction or admission of one or more CIMTs (other than political offense), except for one petty offense


 

https://www.shouselaw.com/ca/blog/shoplifting/is-shoplifting-a-crime-of-moral-turpitude/

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Filed: K-1 Visa Country: Cuba
Timeline
On 9/30/2022 at 1:58 PM, Niagara17 said:

Hey everyone, hope everyone is doing well today ! I need your help.

 

I stunned this morning at the decision of my N400 being denied. I wanted to get some advice to what I might be looking forward to and the next steps to take. I'll provide the details of my application and the interview below. 

 

General Details:

- Came to US on March 2017 under FX1 category.

- Issued my green card on 03/2017 and will be expired on 03/2027.

- Filed N400 under 5 year rule on 01/2022

- Gave Bio metrics on End of Feb 2022.

- Gave interview on 09/09/2022 at Philadelphia USCIS office. Passed the English and civic test. IO told me decision cannot make right now.

- Had a summery offence on May/2019 for charged with Retail Theft- After Label/Pricing Marking.   

 - Court Case Output came on July 2019 I pleaded guilty and were sentenced to pay fines and costs. Which I paid on same day and case was closed.

  - No Hand Cuffs, No Jail time, No Probation

 

Evidence Details:

- Provided all relevant documents like marriage certificate copy, GC Copy, Current passport copy, kids Date of birth certificate and court certified copy which was showing case was closed and paid fines.

- IO did not ask any more dox.

 

On Denied Letter:

 

To be eligible for naturalization, you must demonstrate that you are a person of good moral character. USCIS finds that the unlawful act you committed and were convicted of adversely reflects upon your moral character. Additionally, you have not established any extenuating circumstances that would warrant a departure from this finding. Since you have not established that you are a person of good moral character because of the crime you have committed, you are ineligible for naturalization at this time. See INA 101(f) and 316(a)(3) and Title 8, Code of Federal Regulations (8 CFR), section 316.10(b)(3)(iii). If you believe that you can overcome the grounds for this denial, you may submit a request for a hearing on Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings, within 30 calendar days of service of this decision (33 days if this decision was mailed). See 8 CFR 336.2 (a) and 103.8(b). Without a properly filed Form N-336, this decision will become final. See INA 336.

 

For questions about your application, you can use our many online tools (www.uscis.gov/tools) including our virtual assistant, Emma. If you are not able to find the information you need online, you can reach out to the USCIS Contact Center by visiting www.uscis.gov/contactcenter.

 

Could you please guide me in this situation. Can I contact my area's congress man ? What should I do? 

 

I will be waiting for your comments. Quick response will be appreciated  :)

 

Thanks in advance :)

You didn't mention if you have an attorney assisting you. If not, I'd say you definitely need to retain a good immigration attorney. You should look to them to see what your options are moving forward. Good luck!

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