N-400 denied ... need advice???

[pilot9288]

Just got my N-400 application denied by the USCIS.

This is my story.

I applied for my citizenship through my U.S citizen wife on April 2008. I have been a permanent resident since June 2005. I did mistakenly register to vote in Los Angeles in October 2004. When my wife decided to register to vote I registered with her thinking that everybody can register and I did not intent to vote until I become an American citizen.

Before the interview I went to Los Angeles County and I did remove my name from the register to vote list on October 16 2008. And I obtained a letter noted that I did remove my name from the list and I did NOT vote.

During the interview for nationalization, I told the Officer that I mistakenly
registered to vote. And I provided her with the evidence of the cancelation. Then she continued the interview and I passed my English test. Then she told me that I will receive a written letter about the decision by the mail within 120 days, which I did receive it within 6 weeks.

This is what I received:

Reference is made to the application for naturalization, Form N-400, which you filed on April 23, 2008, in accordance with Section 316(a) of the Immigration and Nationality Act, as amended. This section provides that a qualified person may be naturalized if a person has resided continuously in the United States as a lawful permanent resident for five years, has been physically present in the United States for at least half of those five years, and has been and still is a person of good moral character.

Pursuant to an investigation and examination of your application, it is determined that you are ineligible for naturalization at this time. The administrative record reflects that, on October 20, 2008, you were interviewed, under oath, regarding your application. On October 20, 2008, you also executed a Record of Sworn Statement, under oath, in which you stated that you registered to vote in the County of Los Angeles, California.

The administrative record also shows that you submitted an original certification from the Acting Registrar-Recorder/County Clerk of the County of Los Angeles, California, date October 16, 2008, establishing that you registered to vote on October 18, 2004.

The statutory period for your naturalization began on April 22, 2003, which is five years prior to the filing date of your application for naturalization and continues until the time of your naturalization. Your act of registering to vote occurred within the statutory period. As an applicant for naturalization, you must demonstrate that you were a person of good moral character during the statutory period.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful act 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).”
Your act of registering to vote in federal, state, or local election in violation of the law demonstrates a lack of good moral character.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(a) Requirement of good moral character during the statutory period.
(1) An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This includes the period between the examination and the administration of the oath of allegiance.”

Inasmuch as you have failed to demonstrate good moral character during the statutory period. You are at this time ineligible for naturalization. Your application for naturalization to become a citizen of the United States must be, and is hereby, denied.

If you decide to request a review hearing on this decision pursuant to Section 336(a) of the Act, you must file a request for a hearing within 30 days of the date of this notice (33 days if this notice was received by mail).

This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing.

Why they denied me? I told the truth!!! ?? Please help….. I don’t know where to go from here???!!!!

[warlord]

Why they denied me? I told the truth!!! ?? Please help….. I don’t know where to go from here???!!!!

If you murder someone and tell the truth that doesn't mean they'll accept you for citizenship. Registering to vote is a serious INS issue. It's not the fact you told them the truth you did, it's the fact you registered in the first place. That's where your problem is. Accidently or not, registering to vote is extremely serious...

[Bobsmyth]

You said you applied for citizenship through your US wife. However, in their ruling USCIS indicated you filed under 5 year rule, which is impossible since you only became a LPR in 2005.
The USCIS ruling they sent you is based on the false premise that you filed under 316(a) whereas in reality you filed under 319(a) (3 year marriage to US citizen). Thus your statutory period is 3 years and your voter registration took place outside that period.
I would appeal this case on the grounds that you filed under 319(a) and that your statutory period is 3 years. Thus the USCIS argument of lack of moral character becomes void since it your voter registration took place outside the statutory period.

[vik_b]

bobsmyth

I think the question regarding vote ask "if you have EVER registered ..." so just by changing the section for n 400 application may not exemt him/her.

I strongly suggest consulting an immigration lawyer as falsely voting or falsely registering to vote is big issues regardless of the time that has elapsed.

vik_b

I am not a lawyer so treat my comments appropriately

[Bobsmyth]

bobsmyth

I think the question regarding vote ask "if you have EVER registered ..." so just by changing the section for n 400 application may not exemt him/her.

It's not a question of not disclosing if OP ever failed to register. The USCIS denial is based on 5 year statutory period whereas applicant filed under 3 year rule. Even in their ruling USCIS states that moral character determination is based on 5 year statutory period, which in this case cannot be applied since the statutory period is 3 years.

[lotechguy]

bobsmyth

I think the question regarding vote ask "if you have EVER registered ..." so just by changing the section for n 400 application may not exemt him/her.

I strongly suggest consulting an immigration lawyer as falsely voting or falsely registering to vote is big issues regardless of the time that has elapsed.

vik_b

I am not a lawyer so treat my comments appropriately

This letter is infact worded to Pilot advantage. Like bobsmyth said, he just needs to demonstrate that this act took place outside the statutory period. USCIS will be put in a hard place to deny again based on their own letter that statutory period is the only thing that matters. If they deny again on appeal, a Federal judge will overtun the denial.

[rick92]

bobsmyth

I think the question regarding vote ask "if you have EVER registered ..." so just by changing the section for n 400 application may not exemt him/her.

I strongly suggest consulting an immigration lawyer as falsely voting or falsely registering to vote is big issues regardless of the time that has elapsed.

vik_b

I am not a lawyer so treat my comments appropriately

Not correct.

The mere fact that there is a an administrative violation which constitutes lack of good moral character, does not entail that the act of the administration or administrative decision is valid. In fact, there are grounds just as Bob stated, to appeal, and win it after which the administration might appeal in recourse to correct its administrative grounds, but unfortunately not finding a lack of good moral character because it falls beyond the 3 year rule. Therefore, in appeal, the govt should accord citizenship at the end and retract its findings, provided, of course, before the judge, that the applicant already showed good intent to retract its mistake at registering to vote.

[tabaliya]

You said you applied for citizenship through your US wife. However, in their ruling USCIS indicated you filed under 5 year rule, which is impossible since you only became a LPR in 2005.
The USCIS ruling they sent you is based on the false premise that you filed under 316(a) whereas in reality you filed under 319(a) (3 year marriage to US citizen). Thus your statutory period is 3 years and your voter registration took place outside that period.
I would appeal this case on the grounds that you filed under 319(a) and that your statutory period is 3 years. Thus the USCIS argument of lack of moral character becomes void since it your voter registration took place outside the statutory period.

But then the OP removed his/her name from the registration list only on Oct 16, 2008 which is within the 3 yr period. The statutory period is interpreted with some freedom by the USCIS so can't tell how this plays out.

AP

[Bobsmyth]

But then the OP removed his/her name from the registration list only on Oct 16, 2008 which is within the 3 yr period. The statutory period is interpreted with some freedom by the USCIS so can't tell how this plays out.

AP

The question on N-400 is have you ever registered to vote. When you removed yourself from voting registration list has no bearing on the statutory period.

What it comes down to is if it was USCIS's intention to deny OP on statutory grounds, why would they cite 8 cfr 316(a) for a 8 cfr 319(a) case?

[rick92]

But then the OP removed his/her name from the registration list only on Oct 16, 2008 which is within the 3 yr period. The statutory period is interpreted with some freedom by the USCIS so can't tell how this plays out.

AP

The
The violation ocurrs at registration not at retraction. The retraction can only shows good intent from the part of the OP.

[McTavish]

The
The violation ocurrs at registration not at retraction. The retraction can only shows good intent from the part of the OP.

Yes but it only shows good intent from the time of retraction, Oct 2008, and the potential of a "lack of good moral character" prior to that.

[choppy]

that's what would concern me - that they make that argument; it would not be unusual. however, there is no reason not to appeal - other than cost.

[Alien1]

I have a related question (Scary thought) when I was applying for mortgage they ask me to fill out the voter registration form, I told them I am not a citizen, they said its ok just check Not a US Citizen box. I did and they sent it off. Few months later I got a letter stating since I am not a citizen I cannot register, or something like that. Do you think I can get in trouble? do I have to mention it??

Is there a way to confirm that I never register to vote? or applied to register?


Thanks

[pilot9288]

Wow guys, you just opened my eyes on a very serious situation…… I suppose to be judged according to 8 cfr 319(a) (3 years statutory period), but instead they denied me according to 8 cfr 316(a) (5 years statutory period) i don't know why they did that

Do you think I have to visit the USCIS and tell them about their mistake?

Do you think they will allow me to discuss that issue with an immigration officer right away?

Can I walk-in without any appointment or interview to discuss the issue. Because I heard that if I decided to appeal it might take up to a year

[sbenni1]

Women always say all they want from a guy is honesty. Then they ask you if they look fat, you say yes which could be a very honest answer, you're doomed for life after that. The INS is exactly like that. You tell them the truth about an honest mistake, and they will put you through hell for telling them. As if we immigrants are immune from making mistakes, saints is what they want us to be. So yes, lies are what some people in this world want to hear. This hypocracy is an integral part of the government, it is in the corporate world, and it sure is in our daily lives.

[Bobsmyth]

Wow guys, you just opened my eyes on a very serious situation…… I suppose to be judged according to 8 cfr 319(a) (3 years statutory period), but instead they denied me according to 8 cfr 316(a) (5 years statutory period) i don't know why they did that

Do you think I have to visit the USCIS and tell them about their mistake?

Do you think they will allow me to discuss that issue with an immigration officer right away?

Can I walk-in without any appointment or interview to discuss the issue. Because I heard that if I decided to appeal it might take up to a year

Unfortunately you'll have to file an appeal..I doubt the local DO will hear your case, but you can give it a shot and ask to speak with a supervisor or director regarding the decision.

[Bobsmyth]

I have a related question (Scary thought) when I was applying for mortgage they ask me to fill out the voter registration form, I told them I am not a citizen, they said its ok just check Not a US Citizen box. I did and they sent it off. Few months later I got a letter stating since I am not a citizen I cannot register, or something like that. Do you think I can get in trouble? do I have to mention it??

Is there a way to confirm that I never register to vote? or applied to register?


Thanks

You didn't register to vote since you never claimed to be a US citizen. The key to illegal voter registration is claiming to be a US citizen when you're not.

[Triple Citizen]

I am 131 lbs, the wife is 121 lbs. No such dilemma in life

Then they ask you if they look fat, you say yes which could be a very honest answer, you're doomed for life after that.

[rick92]

Yes but it only shows good intent from the time of retraction, Oct 2008, and the potential of a "lack of good moral character" prior to that.

There is no such a thing as "potential"... it is either "lack of or not" ... the only violation is at registration... whatever he does later even if it is unregistration is irrelevant... the act of the administration will be declared null... because it does not contain defects of form, it is beyond the 3 year rule, and the CFR clause does not apply.

Let's take for example, a traffic violation or a parking ticket which has defects and omissions at its issuance, if you go to court in appeal, it will be dismissed not because you did not commit the violation but because the act in itself is null or void.

This is not the case """""""A defect in the form of any document which in terms of any law is required to be executed in a particular manner, or in a document issued in terms of this Act, does not render unlawful any administrative act performed in terms of this Act in respect of the matter to which such document relates, and does not constitute a ground for exception to any legal proceedings which may be taken in respect of such matter if the document complies substantially with the applicable legal requirements."""""""""

[McTavish]

There is no such a thing as "potential"... it is either "lack of or not" ... the only violation is at registration... whatever he does later even if it is unregistration is irrelevant... the act of the administration will be declared null... because it does not contain defects of form, it is beyond the 3 year rule, and the CFR clause does not apply.

Let's take for example, a traffic violation or a parking ticket which has defects and omissions at its issuance, if you go to court in appeal, it will be dismissed not because you did not commit the violation but because the act in itself is null or void.

This is not the case """""""A defect in the form of any document which in terms of any law is required to be executed in a particular manner, or in a document issued in terms of this Act, does not render unlawful any administrative act performed in terms of this Act in respect of the matter to which such document relates, and does not constitute a ground for exception to any legal proceedings which may be taken in respect of such matter if the document complies substantially with the applicable legal requirements."""""""""

Of course there is potential, it is up to the IO or supervisor to determine wether the potential is indeed fact or unfounded.

[pilot9288]

If I am under a 3 years statutory period (8CFR319.1) and not under 5 years period then look at what I just found within Section 8CF319.1 (7) and (8):

(7) For all relevant periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and

(8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in sec. 316.2 (a) (3) through (a) (5) of this chapter.

Does statement number 8 (above) means that I am also covered under a 5 years statutory period (part 316) and not only 3 years period (319.1)????

[Bobsmyth]

No since 8 CFR 319.1(7) states:

"For all relevant periods under this paragraph.."

Relevant period in this sense means statutory period, which in your case is 3 years.

and 8 CFR 319.1(8) states:

"Has complied with all other requirements for naturalization as provided in part 316.."

The good moral character part of 316 reads: 8 CFR 316.10(a)

"Requirement of good moral character during the statutory period..."

Again, statutory period in your case is 3 years.

[pilot9288]

Thanks guys for all your support and advice.

Just for a reminder, my citizenship (N-400) got denied in November 2008 because I registered to vote in 2004. (Please read my previous posting).

Now I appealed and scheduled for an interview on the 18 of February 2009.

Please I need some ideas to overturn (reverse) the previous immigration denial. What documents I have to provide to support my case? I think the immigration likes to see some sort of documents (not my previous story about making a mistake in registering to vote).

Any ideas from you guys might save my application for citizenship.

Thanks

[pilot9288]

my N-400 application denied by the USCIS.

This is my story.

I applied for my citizenship through my U.S citizen wife on April 2008. I have been a permanent resident since June 2005. I did mistakenly register to vote in Los Angeles in October 2004. When my wife decided to register to vote I registered with her thinking that everybody can register and I did not intent to vote until I become an American citizen.

Before the interview I went to Los Angeles County and I did remove my name from the register to vote list on October 16 2008. And I obtained a letter noted that I did remove my name from the list and I did NOT vote.

During the interview for nationalization, I told the Officer that I mistakenly
registered to vote. And I provided her with the evidence of the cancelation. Then she continued the interview and I passed my English test. Then she told me that I will receive a written letter about the decision by the mail within 120 days, which I did receive it within 6 weeks.

This is what I received:

Reference is made to the application for naturalization, Form N-400, which you filed on April 23, 2008, in accordance with Section 316(a) of the Immigration and Nationality Act, as amended. This section provides that a qualified person may be naturalized if a person has resided continuously in the United States as a lawful permanent resident for five years, has been physically present in the United States for at least half of those five years, and has been and still is a person of good moral character.

Pursuant to an investigation and examination of your application, it is determined that you are ineligible for naturalization at this time. The administrative record reflects that, on October 20, 2008, you were interviewed, under oath, regarding your application. On October 20, 2008, you also executed a Record of Sworn Statement, under oath, in which you stated that you registered to vote in the County of Los Angeles, California.

The administrative record also shows that you submitted an original certification from the Acting Registrar-Recorder/County Clerk of the County of Los Angeles, California, date October 16, 2008, establishing that you registered to vote on October 18, 2004.

The statutory period for your naturalization began on April 22, 2003, which is five years prior to the filing date of your application for naturalization and continues until the time of your naturalization. Your act of registering to vote occurred within the statutory period. As an applicant for naturalization, you must demonstrate that you were a person of good moral character during the statutory period.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful act 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).”
Your act of registering to vote in federal, state, or local election in violation of the law demonstrates a lack of good moral character.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(a) Requirement of good moral character during the statutory period.
(1) An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This includes the period between the examination and the administration of the oath of allegiance.”

Inasmuch as you have failed to demonstrate good moral character during the statutory period. You are at this time ineligible for naturalization. Your application for naturalization to become a citizen of the United States must be, and is hereby, denied.

If you decide to request a review hearing on this decision pursuant to Section 336(a) of the Act, you must file a request for a hearing within 30 days of the date of this notice (33 days if this notice was received by mail).

This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing.



Thanks guys for all your support and advice.


Now I appealed and scheduled for an interview on the 18 of February 2009.

Please I need some ideas to overturn (reverse) the previous immigration denial. What documents I have to provide to support my case? I think the immigration likes to see some sort of documents (not my previous story about making a mistake in registering to vote).

Any ideas from you guys might save my application for citizenship.

Thanks

[Jackolantern]

I assume you applied using the 3-year marriage rule. In that case, they mistakenly applied the 5-year rule to you. Using 3 years would put the registration incident outside the statutory period. That provides one good basis for the appeal.

In addition, determine whether the registration form had any wording saying you must be a US citizen. If it did not, you can argue that you did not claim to be a US citizen when you registered. Voting in local elections is allowed for permanent residents in some jurisdictions, so the act of registering to vote is not always automatically claiming to be a US citizen. In particular, if you can get evidence to show that your particular jurisdiction allows permanent residents to vote in local elections, that helps your case even more.

And you better get a lawyer, because appeals are usually a waste of time without one.

[aniretake]

my N-400 application denied by the USCIS.
s

Was it so necessary to post your story under 2 different topics???? Gets confusing...

[Bobsmyth]

Your appeal will have to cite specific reasons why the decision should be overturned. This includes referencing immigration law and the code regarding the statutory period for your case as well any previous precedent (including past BIA decisions) that would strengthen your case.Unless you're comfortable in writing up a letter with specific language and defending yourself at an appeal hearing, you should hire a lawyer to assist you.

[hoping in 2009]

Thanks guys for all your support and advice.

Just for a reminder, my citizenship (N-400) got denied in November 2008 because I registered to vote in 2004. (Please read my previous posting).

Now I appealed and scheduled for an interview on the 18 of February 2009.

Please I need some ideas to overturn (reverse) the previous immigration denial. What documents I have to provide to support my case? I think the immigration likes to see some sort of documents (not my previous story about making a mistake in registering to vote).

Any ideas from you guys might save my application for citizenship.

Thanks

Hi, I wish you the best of luck in your appeal,, the documents you can take in my opinion are the ones where state that you did NOT VOTE nad the ones where you removed your name from the registry.

Now my questions to you

Are you doing this on your own or with lawyer?

and How much did it cost you for the appeal?

[usatimes1]

I don't even know why they denied you. You already showed good moral character by showing your mistake. You didn't kill anybody either. When you realized your mistake you took your name from registry and you didn't vote. What else can you do?
It looks like an easy case to win. Show your proofs and all the documents showing your good moral character. (church donations, helping poor.... whatever you remember....)

[WBH]

I don't even know why they denied you. You already showed good moral character by showing your mistake. You didn't kill anybody either. When you realized your mistake you took your name from registry and you didn't vote. What else can you do?
It looks like an easy case to win. Show your proofs and all the documents showing your good moral character. (church donations, helping poor.... whatever you remember....)

For USCIS, non-citizen registering to vote is a serious offense and it is deportable.
It is pretty much like predenting to have US citizenship. Some years ago, INS tried
to deport an Australian for this. Of course that AUstralian not only registered to vote
but actually partici[pated in vote. He was caught while serving on a jury. He was a very good guy
and did all these because he did not know he shoudl not do what he did. ALthough it can puzzle
people how he could miss the question like "Are you a US citizen". Such question is always asked
before proceeding to registering to vote or becoming a juror