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Mistake in N-400, Ammendment or correct during interview?

Discussion in 'US Citizenship' started by floyd, Nov 28, 2009.

  1. floyd

    floyd Registered Users (C)

    I attempted to enter the USA illegally in 1997, and since then I (and my wife) have been granted asylum, obtained green card, etc.

    I completed my wife's N-400 and she signed it, and I sent it in. She has been fingerprinted, and waiting for the interview letter.

    Going through the form, I discovered a huge mistake I made: In the question
    22 (e)
    Helped anyone enter or try to enter the USA illegally, I checked off "No"

    This is obviously incorrect, and I can't believe I made such a stupid mistake.

    I don't know what to tell her (she has not seen family for the last 10 years).

    - Is there a way to ammend this form? I see a filing fee for a N-410 form but not the actual form anywhere

    - Or, is it possible to correct this during the interview?

    - What's the worst that can happen if the application is denied? Will she have to wait for 5 years to reapply?

    Unfortunately we are not in a position to engage a lawyer--I've been out of a job for 18 months and every day is tough

  2. Bobsmyth

    Bobsmyth Volunteer Moderator

    Don't worry, she'll get a chance to update the application at interview.
    Were you both on the I-602 waiver?
  3. floyd

    floyd Registered Users (C)

    The GC application had pretty much the same questions, and I filled that out too.. answered YES to both arrest/detain and help someone enter USA in her forms, with an explanation and a reference to our successful asylum petitions.

    She was not asked by the INS/CIS for a I-602, presumably because the written explanation was sufficient. In my current state, now that is beginning to look like a bad thing :). And that is why I did not include this in the N-400.

    But I was going through some old files and found the FOIA files for her, and found a finger-print sheet (from when I was arrested). So this means her FP check is going to come back positive. Hard to believe, I know, but I did not know she was fingerprinted. Damn--I can't believe I overlooked that.

    I hope you are right, and that this will not be seen as an attempt to conceal the facts. Any suggestions on how to answer that question if it comes up?

    Thank you very much. I owe you a big steak or your favorite dish at your favorite restaurant for all your help. (I mean it)
  4. Bobsmyth

    Bobsmyth Volunteer Moderator

    My concern here is that she was stopped and fingerprinted for helping you enter illegally, but was never officially granted waiver for doing so even if previous written explanation was sufficient. Either USCIS can use that against her during N-400 process and try to deport her (at which point a waiver would need to be filed), or they will accept the previous explanation as being sufficient.

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