Appeal hearing coming up, pls advise.

@nazar12 Being unemployed is no basis for a denial. However, there is the question of moral character, if you are not working, how are you supporting yourself? there is always the possibility that you are engaging in illegal activities....that, is of course basis for a denial. I have evidence to show how I have supported myself. We'll see what happens.
 
mariainclt said:
@nazar12 Being unemployed is no basis for a denial. However, there is the question of moral character, if you are not working, how are you supporting yourself? there is always the possibility that you are engaging in illegal activities....that, is of course basis for a denial. I have evidence to show how I have supported myself. We'll see what happens.
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Unemployment is not linked with moral character. Most unemployed people are not robbing banks or standing at street corners selling themselves or drugs so don't let that concern you.
I think the question here is that the 11 month trip is just too close to an automatic break of residency at 12 months.
Do you think it is possible that your IO thought that the medical records were fake? (In some countries one can get doctors to write pretty much anything for a few bucks). Take your medical file with you. I expect you have also been under some follow-up care in the US for your illness(es) - take those medical records with you as well as they'll help validate that you were indeed ill during the time you were out of the country.
Good Luck
 
Mr. Gungatin is right , they will trust documnets from the US if you can find someone to agree on your condition that might help , when is your hearing so I can check back on the results , good luck
 
@GungaDin. Maybe I didn't explain myself properly. Strictly speaking of course unemployment is not linked to moral character and of course all unemployed people are not engaged in illegal activities. However, as far as USCIS is concerned, if you have been out of work for a while (in my case a long while) they want to know how u have supported yourself. They want to make sure you are not involved in illegal activities (including getting paid "under the table") which IS linked to moral character. I remember a case in this forum where a guy got denied because he didn't work and was supported by his wife, who was being paid under the table.
Whether the IO thought my medical records were fake or not, I couldn't tell you, I don't think he even had time to determine one way or the other, he barely glanced at them and yes, there were overseas as well as US medical records. By the way, I understand what you are saying about being able to get a Dr to write just about anything for a few bucks, fortunately or unfortunately I do not come from such a country.....although there are crooked people in every country in the world!

@nazar12 I have spoken to several attorneys now, I will be meeting with one who comes highly recommended. Will let u know how it goes.
 
mariainclt said:
@GungaDin. Maybe I didn't explain myself properly. Strictly speaking of course unemployment is not linked to moral character and of course all unemployed people are not engaged in illegal activities. However, as far as USCIS is concerned, if you have been out of work for a while (in my case a long while) they want to know how u have supported yourself. They want to make sure you are not involved in illegal activities (including getting paid "under the table") which IS linked to moral character. I remember a case in this forum where a guy got denied because he didn't work and was supported by his wife, who was being paid under the table.
Whether the IO thought my medical records were fake or not, I couldn't tell you, I don't think he even had time to determine one way or the other, he barely glanced at them and yes, there were overseas as well as US medical records. By the way, I understand what you are saying about being able to get a Dr to write just about anything for a few bucks, fortunately or unfortunately I do not come from such a country.....although there are crooked people in every country in the world!

@nazar12 I have spoken to several attorneys now, I will be meeting with one who comes highly recommended. Will let u know how it goes.
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Fair enough.
How far apart are the 11 month and 6 month trips? If they are sufficiently close, IO may be trying to figure out whether this was really a single long trip which would cause a break in continuous residence.
 
mariainclt said:
However, as far as USCIS is concerned, if you have been out of work for a while (in my case a long while) they want to know how u have supported yourself. They want to make sure you are not involved in illegal activities (including getting paid "under the table") which IS linked to moral character.
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What about supporting yourself with unemployment benefits?
 
Hi All,

Just wanted to share my story and perhaps get some advice. I was denied citizenship last June, the IO (she was really unpleasant, a real b...h) decided automatically without asking a question or additional evidence, that i do not live with my husband, but i live in the investment property i co-own with my brother. Apparently when the background search was performed i did show on the Public Record as an owner to another place. Although all of our staff - bank statements, credit card statements, tax returns, phone bills, utility bills and mortgage statements for the investment property do come on our address - the one i do reside together with my husband, who, by the way was with me on the interview, they just made the decision without asking me verbally or written to bring in additional evidence. Well we appealed right away, as this was the most ridiculous reason - the investment property has always been 100% tenant occupied - we have lease agreements, rent receipts, bank statements showing the same amount of money coming every month before the 5th, the tenants have even provided their utility bills (electric and cable) although they are not required to help me. So, we waited for 4 months without hearing from these suckers, and we decided to contact Congressman. After resubmitting everything to the Congressman office - they have written support letter for us and been in contact for the hearing - got a phone call from their office the interview will be in march this year. A week after the phone call we did get a note from USCIS with March date interview. At this point i really thought they will make a decision based on everything we sent because as the Officer told the Congressman about my case - they had everything they need. So why the f...k they need us there again???? I am 8 months pregnant now and i have 0 tolerance to them right now. It will really cost me a lot to go there with my big belly and all the paperwork all over again just to confirm verbally that i do not live there. I am not bringing an attorney - i do not think i need one, as i have enough evidence to proof i do not live in the investment property (including email correspondence for the past 2 years with one of my tenants). If anyone has a similar story, please share it!!! The rest of you, i am curious to read your comments :)))))))
 
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Vorpal said:
What about supporting yourself with unemployment benefits?
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That is a valid explanation. Provide proof of receiving those benefits (if requested) and you should be OK.

But if you only got unemployment benefits for 10 months, and were unemployed for 2 years, you'll need another explanation.
 
bgnataliya said:
It will really cost me a lot to go there with my big belly and all the paperwork all over again just to confirm verbally that i do not live there. I am not bringing an attorney - i do not think i need one, as i have enough evidence to proof i do not live in the investment property (including email correspondence for the past 2 years with one of my tenants).
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Bring the attorney or you'll lose the appeal. Even though you have all the necessary evidence, that's not necessarily enough. When you're in a hearing like this, if you don't have an attorney they won't take your case seriously and with the right amount of respect.
 
Jackolantern said:
.. if you don't have an attorney they won't take your case seriously and with the right amount of respect.
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Is that based on opinion or have you come across instances where applicants representing themselves were not taken seriously by USCIS?
Her case doesn't sound overly complicated and she is simply presenting additional evidence to support her case that she is living with her husband. If being 8 months pregnant by her husband isn't evidence enough of a marital union, what more can a lawyer do but state the obvious?
 
Bobsmyth said:
Is that based on opinion or have you come across instances where applicants representing themselves were not taken seriously by USCIS?
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Her own case and the OP's case are two such examples. There are many others in and outside this forum.
Her case doesn't sound overly complicated and she is simply presenting additional evidence to support her case that she is living with her husband. If being 8 months pregnant by her husband isn't evidence enough of a marital union, what more can a lawyer do but state the obvious?
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You think merely having good evidence in your favor is sufficient? If it was just about evidence, the OP and bgnataliya wouldn't be in this position in the first place.

Stating the obvious, or just being there, is all the lawyer needs to do. Because a regular layperson saying it without a lawyer will be heard as just "blah blah blah" because USCIS has already made up their mind with their wrongheaded denials and won't change it without the implied threat of litigation.

Some friends and relatives own small businesses, and occasionally a client won't pay up. The delinquent clients ignore the payment request letters for weeks and months. But when a lawyer sends the letter, they usually pay up rapidly. No real difference in the content of the letter; but when they see you have a lawyer on your side, they take it seriously, and when you don't they feel like they can just step on you.
 
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Jackolantern said:
Her own case and the OP's case are two such examples. There are many others in and outside this forum.

You think merely having good evidence in your favor is sufficient? If it was just about evidence, the OP and bgnataliya wouldn't be in this position in the first place.

Stating the obvious, or just being there, is all the lawyer needs to do. Because a regular layperson saying it without a lawyer will be heard as just "blah blah blah" because USCIS has already made up their mind with their wrongheaded denials and won't change it without the implied threat of litigation.

Some friends and relatives own small businesses, and occasionally a client won't pay up. The delinquent clients ignore the payment request letters for weeks and months. But when a lawyer sends the letter, they usually pay up rapidly. No real difference in the content of the letter; but when they see you have a lawyer on your side, they take it seriously, and when you don't they feel like they can just step on you.
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I do not think you are right. The problem with me is that the officer did not ask for additional evidence and when we went on the interview i did not have a lot of documents with me, proving my marital union, as i did not know i had to bring those. Simply the letter sent from USCIS for the N400 interview stated i MUST bring - green card, marriage license, my husband's passport and my passport and social. Simply i did not go prepared very well, as i thought i am going for naturalization interview and not for green card interview based on marriage. And still, there was a girl in the waiting room with me, who went in for interview, but was only asked to show marriage license and green card. No questions about her husband, simply nothing. So the point i am trying to make is that it depends on the person you get for the interview. Simply as Congressman told me on the phone USCIS did not do their due diligence on my case and unfortunately wrong and quick decision was made. Anyhow having the support of the Congressman is good enough along with all the evidence i have. And i do think that no attorney is needed when you are telling the truth:)))))))))))))
 
bgnataliya said:
I do not think you are right. The problem with me is that the officer did not ask for additional evidence and when we went on the interview i did not have a lot of documents with me, proving my marital union, as i did not know i had to bring those. Simply the letter sent from USCIS for the N400 interview stated i MUST bring - green card, marriage license, my husband's passport and my passport and social. Simply i did not go prepared very well, as i thought i am going for naturalization interview and not for green card interview based on marriage. And still, there was a girl in the waiting room with me, who went in for interview, but was only asked to show marriage license and green card. No questions about her husband, simply nothing. So the point i am trying to make is that it depends on the person you get for the interview. Simply as Congressman told me on the phone USCIS did not do their due diligence on my case and unfortunately wrong and quick decision was made. Anyhow having the support of the Congressman is good enough along with all the evidence i have. And i do think that no attorney is needed when you are telling the truth:)))))))))))))
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I think it is purely a personal choice3 based upon perceptions of benefit vs cost. If lawyers are free,
then you cna bring a lawyer anywherre you go. But lawyers are expensive and there is no guarantee
they are useful. So if one think his/her case is stand of a good chance without a lawyer and the worst case
is tolerable, then don't bring a lawyer.
 
to our lady in the post , the hearing can be another interview you will be asked again every question , may be you have to repeat the tests, a lawyer is not a bad idea , might cost you more money , otherwise wait and apply under the five year rule, be carful they might also challenge your green card , good luck
 
@bgnataliya...I don't know whether u need an attorney or not, but saying "And i do think that no attorney is needed when you are telling the truth))))))))))))" implies that those of us who need attorneys due to USCIS's incompetence are not telling the truth.....that, my dear, couldn't be further from the truth. Althought our cases are totally different, my IO also did not ask for evidence (which I did have plenty of) and now I have to appeal and go through all this. In my case, $500 for an attorney is worth it to me. It is less than it would cost me to apply again in 4 years and since my appeal hearing is apparently going in front of a judge I am not taking any chances.
On a different note, I totally feel your pain, I was also heavily pregnant and ill and was made to travel by these &*****& I understand having no tolerance for them at 8 months!!
Best of luck with your case and your pregnancy. Let us know how u get on.
 
bgnataliya said:
I do not think you are right. The problem with me is that the officer did not ask for additional evidence and when we went on the interview i did not have a lot of documents with me, proving my marital union, as i did not know i had to bring those. Simply the letter sent from USCIS for the N400 interview stated i MUST bring - green card, marriage license, my husband's passport and my passport and social. Simply i did not go prepared very well, as i thought i am going for naturalization interview and not for green card interview based on marriage. And still, there was a girl in the waiting room with me, who went in for interview, but was only asked to show marriage license and green card. No questions about her husband, simply nothing. So the point i am trying to make is that it depends on the person you get for the interview. Simply as Congressman told me on the phone USCIS did not do their due diligence on my case and unfortunately wrong and quick decision was made. Anyhow having the support of the Congressman is good enough along with all the evidence i have. And i do think that no attorney is needed when you are telling the truth:)))))))))))))
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Unfortunately the amount of evidence the IO wants to see seems to depend inversely with the amount of evidence you have with you.
If you have a stack in front of you the IO won't want to see anything, if you have nothing, the IO wants to see everything. Hence going over-prepared is better than under-prepared.

If this was a marriage based case, they do ask you to bring proof of marital union with you to the interview. The IO made the decision on the evidence presented and concluded it was insufficient. They've called you in because most probably they want to see originals of the document you sent in as evidence. (make sure you take them with you).

@WBH: Your relatives'/friends' Clients pay up when they see a letter from a Lawyer because they know they owe the money and they don't want the additional expense/hassle of being dragged off to court. If they thought they didn't owe the money, letters from a Lawyer aren't going to get them to start writing checks...
Unlike these freeloading clients who don't make payments because they don't feel like it, the USCIS will hold its ground as the IO had a reasonable cause for denial. I haven't heard of any case where USCIS capitulated solely because the lawyer was present. Granted, the lawyer can present a case in its best light, but based on the information we have, this doesn't seem to be a borderline case.
 
Thank you All!!!!!!
Again it really depends who you get on the interview. Everything is 100% luck. I have already passed the test, so i don't see why they have a reason to ask questions again - and a i have document from the first interview stating i passed. As far as the questions on the application i understand they could go over it again as some of the answers can always change, but Thank God, not in my case. And as far as bringing an attorney - USCIS are not getting not even a penny more out of my packet. We already spent enough for this s..t, i just feel confident i have enough evidence to proof i do not live in the other house because i really don't . I am going there with all the original documents leases, rent receipts, bank statements showing same amount rent money every month and utility bills. What else could they ask for?????? But i will let you know when this nightmare ends, i would love for them at least to tell me on the spot approved or denied.


mariainclt: Just to clarify - on my hearing note is written i need to ask for "Any Adjudications Officer" - Is that an immigration Judge????
 
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GungaDin said:
I haven't heard of any case where USCIS capitulated solely because the lawyer was present.
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They won't win the appeal just because the lawyer is present; the lawyer's presence is to make USCIS pay proper attention to the evidence that is presented, instead of summarily dismissing it. Because when they see you have a lawyer, they realize they could have an expensive legal battle on their hands if they don't either approve the case or give a solid reason for denial after following the proper procedures in the appeal.
 
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bgnataliya said:
And as far as bringing an attorney - USCIS are not getting not even a penny more out of my packet.
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All the more reason to bring a lawyer. If you bring a lawyer, USCIS doesn't get the lawyer fees from you; the lawyer and their law firm keep that money.

But if you lose, you'll end up having to pay USCIS more money to reapply. Or pay a lawyer 5 times as much to appeal in a higher court.
 
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