Can someone reapply for citizenship?

E

eturan

Registered Users (C)
Background info:

I applied for citizenship back in 1999in San Jose,CA. I went thru the interviews/test etc and was a week away from taking the oath. In the mean time, I involved in a criminal court case. Since the criminal court was in progress, INS put a hold on my citizenship, they gave me 3 months until I proved to INS that the criminal court case is dismissed and I was found innocent. In the given time, the crimianl case was final and I was found innocent and the criminal case was dismissed against me. In the given 3 months period, I sent all the papers that INS requested, i.e, the court\'s dismissal, criminal records to INS. Since then, I have been calling/sending mails, explaining my situtation yet INS has not responded.

Question 1?

Should I assume, even though I was proven to be innocent and returned all the criminal case related reports to INS as requested on time, INS has probably denied my citizenship application and they do not need to explain why?

Question 2?

Is it worth re-applying or should I wait until I hear anything from INS? Can some one reapply for citizenship? In my case, should I just forget about US citizenship since I went thru a criminal court process whether or not I was innocent?

Thank you for any expert input.
 
Background info:

I applied for citizenship back in 1999in San Jose,CA. I went thru the interviews/test etc and was a week away from taking the oath. In the mean time, I involved in a criminal court case. Since the criminal court was in progress, INS put a hold on my citizenship, they gave me 3 months until I proved to INS that the criminal court case is dismissed and I was found innocent. In the given time, the crimianl case was final and I was found innocent and the criminal case was dismissed against me. In the given 3 months period, I sent all the papers that INS requested, i.e, the court\'s dismissal, criminal records to INS. Since then, I have been calling/sending mails, explaining my situtation yet INS has not responded.

Question 1?

Should I assume, even though I was proven to be innocent and returned all the criminal case related reports to INS as requested on time, INS has probably denied my citizenship application and they do not need to explain why?

Question 2?

Is it worth re-applying or should I wait until I hear anything from INS? Can some one reapply for citizenship? In my case, should I just forget about US citizenship since I went thru a criminal court process whether or not I was innocent?

Thank you for any expert input.
 
No Title

First, if you have the resources, you should hire an immigration attorney immediately. Based on my limited experience dealing with the INS (and I am not an attorney), here is my advice:

1. INS has to send you a letter at the end of the process informing you of their decision. There are two modes of denial: denial with/without prejudice. In either case you are given a choice to appeal the verdict; the appeal costs something like 100+$.

2. You cant expect INS to act quickly; 3 months is a relatively short time for you to expect an answer.

3. Reapplication: I would suggest that you wait to hear from them before you reapply. If they deny with prejudice, your re-application may get denied outright without an interview and then you might need to appeal any way.

4. If they deny you with prejudice, you may also be liable to be deported ... this is an area about which I dont know much.

Over all, I recommend that you go get an attorney who specializes in Citizenship issues ...
 
2 years, not 3 months...

My final communication with INS took place in the beginning of 2000 and since then, there is no response from INS. So, It has been over 2 years, not 3 months (sorry for not being clear on the dates). I really appreciated your advice on the issue and looks like I will have to seek a lawyer. Thanks again
 
No Title

There is now an automated 800 number where you can enter you A# to check if they have started deportation proceedings against you ... check the INS website (www.ins.usdoj.gov) for it. This will atleast keep you from worrying. Also pick a good attorney ... there are many who exploit people by filing frivolous appeals which have no chance of success and charging exorbitant rates for these.
 
wowww... :eek:)

You scared me for a sec....No No...I am not under any fear of deportation at this point. I was acquitted in the court. It was a silly case anyway. Although, Jury found me innocent and there should be no criminal record on my file, appearantly, it is costing me my US citizenship. Thanks for the heads up and I will still go check that web side, just in case. Thanks again.
 
You may file again.

I have never heard of "denial with or without prejudice" in INS terminology. It is not in My Kurtzban\'s manual.

However, if INS denied you application SOLELY because of a pending criminal trial and they could no longer continue the application, you may file a new N-400 as soon as the judicial decision is final. Include a copy of the final court disposition with your application.

If there is any other issues that would be not in your favor, please consult an attorney.
 
Hi Eturun

Any development in your citizenship case?
Mine is also very similar case when I was a week away from my oath ceremony: Could you pl. look at my post and reply?
Thanks,

Hi ALL,

I wish and hope that none of you should have to go through this:

Can I ask a big help of anyone's experience regarding my pathetic case? :
-------------------------------------------------------------------------
I came to U.S. by marrying a U.S. citizen Indian girl in very good faith. We passed some very good and bad time together.
After staying together in U.S., she applied for divorce.
After 4-1/2 years of marriage life, the marriage ended.

I had my permanent G.C. then. Then I went to India again and got married since last 2 years. After coming to U.S. after 2nd marriage, I applied I-130 for my 2nd wife. Also, after 5 years of my stay in U.S. (last year) I applied for my N-400 citizenship.

Meanwhile I have 7 months old son also in India (I visited India 4 times in 2 years after my second marriage)

I passed my citizenship interview, and had an oath ceremony scheduled on 28th Aug.

But, before that I was being called at the district office for my wife's I-130 interview.

Because of my ex wife's some revengefull letter to BCIS, the immigration officer (she came to know at my interivew that I am going to be naturalized soon), called to the other office and cancelled my oath ceremony saying this case should go to investigation.

Eventhough I had abundance of evidences of my first and second marriage's very good faith, the officer did not look at any of it, and told me that I might get the other chance of interview.

I talked to the lawyer and he said, there is no way anybody could tell how long it's gonna take, and only GOD can help expediting this procedure.

Can anybody have any idea how do I get help in this kind of case or how can I have the contact of people who has the same hardship?

Thank you so much.


__________________
NONE
 
Re: You may file again.

Hi ALL,

I wish and hope that none of you should have to go through this:

Can I ask a big help of anyone's experience regarding my pathetic case? :
-------------------------------------------------------------------------
I came to U.S. by marrying a U.S. citizen Indian girl in very good faith. We passed some very good and bad time together.
After staying together in U.S., she applied for divorce.
After 4-1/2 years of marriage life, the marriage ended.

I had my permanent G.C. then. Then I went to India again and got married since last 2 years. After coming to U.S. after 2nd marriage, I applied I-130 for my 2nd wife. Also, after 5 years of my stay in U.S. (last year) I applied for my N-400 citizenship.

Meanwhile I have 7 months old son also in India (I visited India 4 times in 2 years after my second marriage)

I passed my citizenship interview, and had an oath ceremony scheduled on 28th Aug.

But, before that I was being called at the district office for my wife's I-130 interview.

Because of my ex wife's some revengefull letter to BCIS, the immigration officer (she came to know at my interivew that I am going to be naturalized soon), called to the other office and cancelled my oath ceremony saying this case should go to investigation.

Eventhough I had abundance of evidences of my first and second marriage's very good faith, the officer did not look at any of it, and told me that I might get the other chance of interview.

I talked to the lawyer and he said, there is no way anybody could tell how long it's gonna take, and only GOD can help expediting this procedure.

Can anybody have any idea how do I get help in this kind of case or how can I have the contact of people who has the same hardship?

Thank you so much.


__________________
NONE
 
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