lbluemoonl

Your chances are not low if you discloss all your convictions to the Officer who you interview with. Do NOT ignore anything. I made a same mistake and I got a denial. I had a petty charge in 2004 and applied for N 400 in 2011 but it got denied. So make sure you get all your documents together regarding those charges. Yes, even if it was closed or dismissed. You are smart enought to hire an attorney. I didn't get an attorney and that was my biggest mistake. I'm sure you'll be fine. Good luck

The decision has been made and this thread will be closed. Thanks to those who had a reasonable point of view and commented nicely. Also thanks to the admins for monitoring this thread.

Maybe not but at least accepting your mistake and admitting to it if ever asked would have kept you out of this situation.

I definitely think waiting the 3 years is the best decision.

I HAVE accepted my mistake. I also mentioned it SEVERAL time is mt posts. We are not talking about woudda/couldda/shouldda here. We are talking about what we can do NEXT. Are we clear on this?

I just read this whole thread, and I would make sure to hire the VERY BEST lawyer you can find, one that will tell you whether you have a case or not. I worked with a firm in So. California (pm me if you want their name) for many years prior to my LPR, and they would not take a case for whatever reason unless they were absolutely sure they could win it. They will do a phone consultation (free) and will tell you whether they will take the case, based on whether they can win it. (They are considered to be the no. 1 immigration firm in the country). In your case, which is very scary and major, THAT is where I would be going, I wouldn't mess with USCIS for ANYTHING. Trust me on this, I have been through some very harrowing US immigration experiences, and been on the wrong side of them more than once for much less than you have going on.

Thanks for the comment, cappucino. Me and my husband just had a discussion about this. I trust my husband's judgement and I've decided to wait three years. What's done is done and I don't want to risk anything in this case. I think if I wait, it shows them that I have respected their desicion. Next time I will definitely hire an attorney to re-apply. Three years seems a lot to wait but It gives me a chance to prove them that I'm a good person and I deserve to be a citizen.

I'm just a little disappointed because one of the reasons that I was looking forward to approval of this applican is to have my parents here. I haven't seen my family in 8 years. They never had chance to meet my husband and my daughter yet. Besides I really need their help now because my husband might get deployed anytime by the end of the year. It would be nice to have some family support..I know they can still get a tourist visa but the chances are unknown.

Anyways.. You never know what to expect next..

Have you read the links I provided? According to USCIS's own guide for the N-400 if you are denied the denial notice will include a date that you can re-apply. It doesn't even hint at that date being "just a recommendation". Ask the lawyer to show you where he gets that it is just a recommendation.

FWIW, at naturalization your whole USCIS Casefile comes into play, if they find contradictions between greencard application and ROC or N-400 then they can charge you with Misrepresentation on the earlier forms and revoke your status.

Lawyers love to stretch the law and create new precedent, unfortunately it's usually at the expense and hardship of their clients who get dragged through years of misery as they get hit with loss after loss and live in fear of failure in the end.

What I'm really saying is that nobody has as much on the line as you do so while the lawyer is confident you might want to consider what is the safest course of action even if it is less expedient.

I'm always amazed at how carefree some people take immigration matters (no saying you are). They just don't treat it like the life altering situation it can be and then in the end thye act like it's someone else's fault when they don't make good (safe) decisions and the outcome tears them away from the life they have built here.

Think of your current situation like this:

USCIS has a gun to you head but promises to not pull the trigger if you just walk out the door and don't return for 3 years.

The lawyer says, "I'm confident that USCIS can't legally pull the trigger today". Sounds good, right?

Now you have the USCIS "Rule of Engagement" Manual in you hands which clearly states that USCIS has the authority to pull the trigger.

Tell me, would you trust the lawyer or return in 3 years?

I understand your point. Like I said before in my last post, that is my concern as well. I'm not sure about his theory either. That's why I wnat to talk to a few more attonrneys to find out what this guy said is true or he is just practicing his theories on his clients to see what the outcome is. Like I said before, I m not in a rush and still considering waiting to avoid more headache and trouble. The whole point of getting professional advice from the laweres is to learn more about my situation, possibilities and prepration for the next..

Right now I'm just sleeping on it, honestly...I was so paniced the first a few days when i got the notice..Feeling helpless and disappointed.

I think what Bob 4 Anna is saying is that you are 'allowed' to refile at any time, but USCIS may not consider any application filed prior to the 3 year time frame they suggested. You are always 'allowed' to file. They are happy to take your money even if you are not considered eligible to receive the benefit at the time.

Anyway, good luck.

That's true.. Im not in a rush.. I am still considering waiting to avoid more headache but at the same time I want to know what all my options are..

Thanks for the feedback

All I'm saying is don't lose sight of the fact that re-applying can go horribly wrong....

My application was denied without prejudice and base on what the first attorney said, your previous denial does not affect your new application as each application is determined for its own merits. There is a 3 yrs statutory period to wait before re-apply but it's just a suggestion/recommendation, according to him. You can re-apply at anytime if you want to.

This guy is a very well known immigration attorney in the area. However, what you mentioned is my concern as well. That's why I'm going to discuss this issue with the other attorney to get a second opinion.

Thanks for the tip.

Wait,

So if you're denied for filing when USCIS has told you you're not currently eligible then you pay the Filing Fee for both the application and appeal then on top of that you will still pay the lawyer $800?

I don't see a downside for the lawyer here.

That would be a discussion between me and the lawer. Any attorney has a fee and any client has his own terms and conditions regarding the fees if he decides to hire an attorney. However, no decision has been made yet.

Is there anybody on this thread who has applied for citizenship under military members and dependents? There is something on my denial form which I'm not quiet sure about it. I applied my citizenship under 5 yrs resident. That means if you are denied they should give you a five-years-date to reapply. Now On mine it notes in 3 yrs. The 3 yrs is for those who applied under "married to a citizen for 3 yrs" section. Now I'm thinking if it's because i filed through military as an spouse or it's a typing error! This is just getting more complex.

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.

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.

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.

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.

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.

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.

P.s: Excuse my typing errors. I'm typing with my cellphone and it really sucks.

JUST A QUICK UPDATE:

But before i go through it, I want to ask you all to stay with the main topic and not to take the discussion to unnecessary directions!

I talk to my lawer today and we found an abvious officer error regarding my criminal report. The argument we are going to with is pretty strong and based on facts. I feel a lot better. I will post the detail soon.

lbluemoonl

Please ignore the plethora of "rubbish" that many of these VJers posted. A simple question is asked after you clearly admitted fault and stated your case and all is needed is an answer to the question. Not insults (example, people labelling you a thief in PRESENT tense!). Wow! This is a forum that is supposed to be filled with advice in the ABSENCE of insults and "judgements."

my thoughts to you is consult with a GOOD and highly recommended attorney who has experienced similar cases. It may be that you can appeal, it may be best for you to wait. But that's best answered by the attorney.

In the meantime, enjoy your marriage. Like someone on here said, that's all that should matter.

All the best.

Thanks Lax. I guess we need a new thread for " How To Give Advise In a Respectful Manner". Anyways..I hired a lawer today and he is a very professional and knowledgable person. He gave some hope as well as the facts. Will update soon

This topic has managed to continue and is now 6 pages long and two days old.Mainly because we have people who want to be judges of character.I have to say that this is the first time on visa journey that people have posted 6 pages with about half of those pages address irrelevant isues or just blasting the person who needed a simple answer.Many times when someone posts people simply ask the person to provide as much info as possible in order to be helped.Now that this person has given all the info, we have some of the "God's" of Visa journey descending on her like a ton of bricks.I wonder if she even got her initital question answered instead of the grandstanding that some people here have shown.

Ibluemoonl.I hope you realize that not everyone on VJ has taken the judgemental, I am better than you stance.There are a lot of people who support you here.

Thanks for you support, firend.

Inky --I am just adding my two cents here --a person can be deported if they commit a felony . What the guy did was a misdemeanor and cannot be deported for that . Felony like drugs , murder and possession of a weapon is instant deportation . Many persons with misdemeanors like petty theft, speeding ticket does not warrant deportation .

Exactly.

reposting the below, note the bolded part! last warning!

Thank you!

Sorry. I was using the generic nonspecific pronoun under the current politically correct rules. Since I am male, I should use he when using a non-gender specific pronoun, as you should use she.

Got it. Peace.

I don't know much but I do agree, maybe you misread the question, but you should've definitely made the intent of stating what you did. When my dad filed for naturalization last March, he had had a dismissed stop sign violation, but he still marked that area because it falls under detained. Meaning, you were stopped. Just because you didn't have the handcuffs on you doesn't mean you were not detained or wrong in doing something. I do believe you can reopen the case, and ask a lawyer, a good one (not one of those who you call and an answering machine picks up with the hope they'll return your call) in order to make sure they can help you. If they gave you a form of appeal use it wisely, Im sure theres a way to explain

Yes, and like I said before that was MY mistake. As far as lawer goes, I don't know this guy yet but I will see him tomorrow. I'm not sure if he is the type I want to hire but I'll find out tomorrow. I need a lawer anyway and that would be a good idea to start looking for a good one from now.. Thanks for your comment.

By the time he is finished, he will be the go to expert on this subject. Hopefully, he will visit this (his) thread from time to time, and keep us posted.

Just for your info, Im a woman! I assume you didn't read the earlier posts which is fine because you didn't miss anything! and yes, I'll keep you all posted about my decision and the final result.

@Karen: No. That's not the last time and it won't be. I don't mind to share, discuss and ask questions if I need to. Peace.

I would save my money and wait the 3 years.

It would not surprise me if a Lawyer said the same thing. I would be worried if they said otherwise.

That's probably what I'm going to do. However, I kept my appointment with my attorny for tomorrow since it's a free consultation. That wouldn't hurt to get his opinion as well.