My Naturalization is declined

O

okieowl

Registered Users (C)
Unfortunately my Naturalization application has been declined on the basis of ACT 316.This was my second time application for naturalization. Last time it was declined due to breach in the continuous residency..Funny thing about USCIS's decision is that last time I informed them about my ticket for sale beer to minor.But they did not take that as a cause to decline.

This time they declined for that...

Is there any hope for me?
 
Yeah, it all depend on your immigration officer at the time of interview. If you catch him/her on a good day, then you'll be lucky. If you catch one on a bad day, they'll deny you from the littlest things.

Sorry for the bad news! There always hope....

Was the selling alcohol to minor with 5 years from when you applied for the 2nd N400?
 
Did the event happen in the 5 years preceeding your date of application? The variation in the decision is because moral turpitude is not clearly defined and is discretionary. I think you need to wait for 5 clear years and then re-apply.


okieowl said:
Unfortunately my Naturalization application has been declined on the basis of ACT 316.This was my second time application for naturalization. Last time it was declined due to breach in the continuous residency..Funny thing about USCIS's decision is that last time I informed them about my ticket for sale beer to minor.But they did not take that as a cause to decline.

This time they declined for that...

Is there any hope for me?
Click to expand...
 
Triple Citizen said:
What exactly were you charged with and when?
Click to expand...

I used to work at a Gas Station and once I sold beer to a minor accidentally,Date/Time of Offense:8/17/2004 8:55 PM.
Court: JURY DIVISION COURT Case Status:CASE IS CLOSED

Disposition: DISMISSED; WANT OF PROSECUTION Disposition Date: 10/4/2005 Conviction Date:

I put this incident in my first application and they did not take that as a lack of Good Moral Character That Time. They only told me that I could reapply after a specified date.

Now I had this..:confused:
 
Last edited by a moderator:
okieowl said:
I used to work at a Gas Station and once I sold beer to a minor accidentally

Date/Time of Offense:8/17/2004 8:55 PM.
Disposition Date: 10/4/2005

I put this incident in my first application and they did not take that as a lack of Good Moral Character That Time. They only told me that I could reapply after a specified date.
Click to expand...

Your first denial, they got you on the "breach of continuous residency", to USCIS, that's enough of a resaon. They could've also gotten you with the violation of 5-year Good Moral Character also with your alcohol incident if they so wished, but they didn't. They got one reason to deny you, why list another!

This second time around, USCIS must look at everything on your application to make sure you're eligible to be approved. Obviously, your incident in 2004 fit perfectly for a violation of 5-year Good Moral Character policy. So in result, another denial.

Why didn't USCIS list the alcohol incident along with your breach of continous residency as your denial reasons the first time, we will never know. But we do know that USCIS must go through each and every application to make sure applicant are suitable to be an US citizen. With your recent alcohol incident in 2004, that was enough reason for USCIS to deem you ineligible once again.

My advice for you is you've violiated the 5-year Good Moral Character policy, apply AGAIN after 10/4/2010 (5 years after your deposition date to be safe)! There mystery solved, no need for a lawyer.

If you would've used this forum before you apply the second time, you would've known not to apply for the 2nd N400 until you had a good 5 years of no violations. Happy waiting to 2010.
 
okieowl said:
I used to work at a Gas Station and once I sold beer to a minor accidentally,Date/Time of Offense:8/17/2004 8:55 PM.
Court: JURY DIVISION COURT Case Status:CASE IS CLOSED

Disposition: DISMISSED; WANT OF PROSECUTION Disposition Date: 10/4/2005 Conviction Date:

I put this incident in my first application and they did not take that as a lack of Good Moral Character That Time. They only told me that I could reapply after a specified date.

Now I had this..:confused:
Click to expand...

You should file an appeal N336 with USCIS and submit letters from collegues, town mayor, other officials, eveidence of social work , charity etc that seek to establish good moral character. If the appeal is unsuccessful, hire a good attorney and file a complaint in federal court. There is a good possiblity that if you can establish other evidence of good moral character, you may win this case in district court.
 
Perfect moral character is not required; only good moral character. A class action lawsuit a couple years ago overturned the denials of hundreds of applicants who were denied for having a single minor incident on their record. See http://seattletimes.nwsource.com/html/localnews/2002174823_citizens09m.html

One nonviolent misdemeanor (was it a misdemeanor in your jurisdiction?) for which the case was dismissed probably is not enough to violate the "good moral character" condition. See a lawyer for the appeal, unless you want to wait a few more years when the incident will be out of the 5-year window.
 
I decided to appeal..Today I got a lawyer and I filled the appeal.Lawyer did not give 100% assurance. I will try my luck. By the way now I am a Medical Doctor..I hope They will consider my bitter past working at a Gas Station:)
 
Hi okieowl
Any further development in your case?
What city your are located?
(I just went to interview last month still I didn’t received decision letter
I sold beer to miner paid the fine in the court. I provided all the documents to the interview officer in Columbus)
Thanks
vijayakotla
 
vijayakotla said:
Hi okieowl
Any further development in your case?
What city your are located?
(I just went to interview last month still I didn’t received decision letter
I sold beer to miner paid the fine in the court. I provided all the documents to the interview officer in Columbus)
Thanks
vijayakotla
Click to expand...

I doubt if this is CIMT particularly if you demonstrate that it was not intentional. You will get naturalized. In the worst case you get a denial, which is highly unlikely, the district court will easily overturn the denial. far worse cases than yours have got their denials overturned by courts.
 
You must log in or register to reply here.
Top