A written decision will be mailed

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calvillager

Registered Users (C)
I just finished the citizenship interview today and the IO said a written decision will be mailed to me in two weeks. I asked the reason why he can not approve my application, and was told because of the charge in 1995 for spousal battery.

The court document showed I did not enter plea of any kind and the charge was dismissed in a month after the charge. When interviewed for GC application in 2003, I hired an attorney and the GC was approved.

Since the GC was approved, I thought there should be no problems with the citizenship application. But obviously, the USCIS may have different thought now. I wonder if I should hire an attorney to talk to USCIS or should I wait till the written decision comes.
 
Wait for letter from USCIS, before hiring an attorney. I think you will be approved. If not, you can appeal with the help of an attorney.It would help if you had attorney at interview.Probably IO didn't want to take chance and just wanted second opinion. But I think, since it is out of 5 years window and there was no conviction, you will be fine.
 
Domestic Violence is a removable offense, so USCIS want to make sure there really was no basis for the charges before they approve your natz.
 
boatbod said:
Domestic Violence is a removable offense, so USCIS want to make sure there really was no basis for the charges before they approve your natz.
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I hope USCIS does not have a tougher policy in naturalization application than in green card application.
 
What happened, if I may ask. Did she get on your nerve and you threw it on here ?

you should wait for your naturalization before doing it..:)
 
fbanna79 said:
What happened, if I may ask. Did she get on your nerve and you threw it on here ?

you should wait for your naturalization before doing it..:)
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I want to make it clear that the incidnt occurred before my GC was granted.

I just don't understand why USCIS needs to look into this again when they had done it almost 6 years ago. I didn't have any brush with laws since that incident in 1995 except two parking tickets.
 
calvillager said:
I want to make it clear that the incidnt occurred before my GC was granted.

I just don't understand why USCIS needs to look into this again when they had done it almost 6 years ago. I didn't have any brush with laws since that incident in 1995 except two parking tickets.
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They have the discretion to look at your entire history to determine good moral character, even if an incident falls outside the 5 year probationary period.
 
Bobsmyth said:
They have the discretion to look at your entire history to determine good moral character, even if an incident falls outside the 5 year probationary period.
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Do you mean USCIS have different standards for GC and naturalization in terms of good moral character?
 
calvillager said:
Do you mean USCIS have different standards for GC and naturalization in terms of good moral character?
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The concept of "good moral character" is reserved for naturalization adjudication, not GC adjudication. The rules are more stringent to become a citizen than to become a GC holder. That's not to say that anyone with a bad moral character can become a GC holder, it just means that GC and naturalization applications are adjudicated according to a different set of rules.
 
Bobsmyth said:
The concept of "good moral character" is reserved for naturalization adjudication, not GC adjudication. The rules are more stringent to become a citizen than to become a GC holder. That's not to say that anyone with a bad moral character can become a GC holder, it just means that GC and naturalization applications are adjudicated according to a different set of rules.
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For the worst outcome, if the citizenship application is denied, can I still keep the green card?
 
It's surprised me a big time on how people not know that during naturalization time, applicant's whole immigration journey is scrutinzed, and one of the MAIN area that USCIS pays a close attention to is-whether or not applicant has received his/her LPR rightfully. So if USCIS finds out that LPR wasn't obtained rightfully...because of applicant's misrepresentation/lies/frauds...or because of USCIS mistake...then USCIS does terminate LPR. That's the risk applicants run into by applying for naturalization.

Just because a green card application approved in the past then that doesn't mean EVERYTHING was right and EVERYTHING was carefully and rightfully reviewed. Officers in USCIS are human beings as well like everyone else. So obviously, we all make mistakes at time. Just because a green card application was approved in the past then that doesn't mean govt. can't revisit/review the file and eligibility for green card again. Most of time USCIS finds out about their mistake of approving green card application in the past only at the time of naturalization...and then not only naturalization application gets denied but applicants find themselves in a removal proceeding since their green card gets revoked.
 
calvillager said:
I asked the reason why he can not approve my application, and was told because of the charge in 1995 for spousal battery.
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You will be alright because the law was enacted in 1996 on domestic violence being a deportable offence...a year later you were charged for spousal battery. Officer just wanted to have supervisory approval just to make sure he is making a right decision based upon laws and facts...That's all.
 
JohnnyCash said:
Just because a green card application was approved in the past then that doesn't mean govt. can't revisit/review the file and eligibility for green card again. Most of time USCIS finds out about their mistake of approving green card application in the past only at the time of naturalization...and then not only naturalization application gets denied but applicants find themselves in a removal proceeding since their green card gets revoked.
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I would think that it has to be a very serious mistake that failed USCIS initial review and approval for a GC to be revoked at the time of a naturalization interview.
What are the chances of this happening anyway?
 
JohnnyCash said:
You will be alright because the law was enacted in 1996 on domestic violence being a deportable offence...a year later you were charged for spousal battery. Officer just wanted to have supervisory approval just to make sure he is making a right decision based upon laws and facts...That's all.
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Thanks, JohnnyCash. My attorney at the GC interview in 2003 said similar stuff involving 1996 law and he ensured I won't be deported because of the timing of the law.

At the GC interview, the officer wanted me to do "something" (I can't remember), but my attorney said that "the case was dismissed." (The only sentence my attorney said during the interview.) Then the IO stopped asking any more questions and took the application to her supervisor for approval.

Hope my naturalization officer just wanted to have the supervisory approval, as suggested by JohnnyCash.
 
Bobsmyth said:
I would think that it has to be a very serious mistake that failed USCIS initial review and approval for a GC to be revoked at the time of a naturalization interview. What are the chances of this happening anyway?
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Don't understand what you are saying here. Not necessarily there has to be a SERIOUS mistake on USCIS part at the time of green card approval. Mistakes do happen all the time during green card time...Sometime officers overlook something material, while other times they interpret something differently. Bottom line, it happens all the time. I've seen my own eyes some people having approved for green card when they have ongoing pending aggrevated felony criminal cases. These people shouldn't have been approved at first place in accordance to immigration laws. USCIS could have continued their cases until the final disposition of their criminal case if not denying those case, but they have approved which was solely a mistake on INS part.

Similarly, I've seen on this very board a lady's naturalization application got approved even though she was convicted for shoplifting. According to local laws in her own state on shoplifting charge, USCIS should have deported her on this conviction, but instead they rewarded her a citizenship which made her right away sponsored her both parents. Immigration laws go along the side of criminal laws of states where crime was occured. Now if her case is brought to INS attention, then not only she will be deported but also her parents too. Oh by the way, she created many IDs on this forum to post questions and when I caught her, she bigmouthed. Also, she was looking to get medicaid for her parents while her parents didn't even obtain the green card. She was such a user and abuser of our system ebing a selfish person.

As for you asking chances of revoking green card at the time of naturalization then it happens all the time if officers pay attention to green card eligibility too at the time of citizenship interview. That's why most of time they ask questions from applicants if applicants worked for the company that sponsored them for the green card. This is sole reason to ask this question. They also try to find if marriage was bonafide if applicant obtained LPR based upon marriage to a US citizen. Same goes to a criminal history and other material fact. I guess it all depends on individual officer which is same to the fact that some officers don't ask any document while others ask every single documents even the copy of social security card.
 
JohnnyCash said:
Don't understand what you are saying here.
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What I mean is that for them to take away your GC at naturalization interview, it must have been serious (relevant) enough to have passed inspection during the green card process. For example, they wouldn't revoke your GC if they found out during naturalization interview something irrelevant such as a missing address.
 
Did I answer Q17 wrong?

I wonder if I answered wrong on Q17 in N400, which was “Have you ever been charged with committed any crime or offense?”

I answered YES to this question, because I was charged with spousal battery by the district attorney in June 1995. (Dismissed in July 1995. GC interview in 2003. Approved.) When reviewing the N400 again today, I think, although I was charged, I never “committed” a crime because the accusation was false.

Maybe my answering YES to Q17 is the reason for the interview IO not to approve my application last Thursday (9/18). Other than the charge, I did not have any troubles with laws since 1995.

Did I really answer Q17 wrong? Is it useful to write to the IO to change the answer now?
 
calvillager said:
I wonder if I answered wrong on Q17 in N400, which was “Have you ever been charged with committed any crime or offense?”

I answered YES to this question, because I was charged with spousal battery by the district attorney in June 1995. (Dismissed in July 1995. GC interview in 2003. Approved.) When reviewing the N400 again today, I think, although I was charged, I never “committed” a crime because the accusation was false.

Maybe my answering YES to Q17 is the reason for the interview IO not to approve my application last Thursday (9/18). Other than the charge, I did not have any troubles with laws since 1995.

Did I really answer Q17 wrong? Is it useful to write to the IO to change the answer now?
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No use driving yourself crazy thinking what it could have been. Just wait to receive the decision as it's probably standard that this type of case must first be reviewed by supervisor.
 
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