Citizenship - overstayed as visitor in the past

[trialanderror83]

10-02-09 N400-Mailed
10-05-09 N400 Received
10-08-09 NOA Date
10-12-09 NOA Received
10-13-09 Check Cashed

You will be approved.

 

[WBH]

Agreed. People USCIS isn't interested in the overstay/marriage based stuff anymore. That was all addressed in the AOS. If the IO didn't ask him about the overstay, he is not obligated to tell the IO anything that is not asked of him. Anyhow this is for citizenship so it doesn't matter.

Funny thing is that many interesting questions on N400 are not asked
on I485 like "Have you voted?", "Have you lied to gain entry into USA?"
"Hav eyou ever claimed to be a US citizen?" etc. I really do not know
what will happen if N400 applicants answered Yes to these questions
on N400 but not on I485 and all these "Yes" refer to activities before
getting the GC.

 

[trialanderror83]

USCIS granted your green card while obviously knowing about the out-of-status issues. Now that you have a GC being out of status prior to GC approval becomes a complete non-issue for naturalization, unless there is something which you lied about during the GC process, or something that made you ineligible for the green card, or you were a male between 18-26 when you were out of status and you failed to register for Selective Service and you are still under 31. If you are female of any age, or a male over 31 now, stop worrying about it.

100% right!

 

[trialanderror83]

Funny thing is that many interesting questions on N400 are not asked
on I485 like "Have you voted?", "Have you lied to gain entry into USA?"
"Hav eyou ever claimed to be a US citizen?" etc. I really do not know
what will happen if N400 applicants answered Yes to these questions
on N400 but not on I485 and all these "Yes" refer to activities before
getting the GC.

Prob at the PR stage they don't care as much as they do for citizenship!

 

[WBH]

Prob at the PR stage they don't care as much as they do for citizenship!

That bother some people. If such thing (pre-GC activities that were bad but not asked on I485) did exist, will USCIS revoke GC or not. If they revoke the GC, then why did they give GC in the first place by omitting such important question on I485? If they do not revoke GC, then those bad things
were already outside 5 year statutory period and if they still are issue then they cosntitute permanent bar to citizenship

 

[WBH]

100% right!

This always assume USCIS did thing right when granting GC so that
a granted GC wiped out anything bad that occcured before GC.
But people are afraid that USCIS granted GC because they made
a mistake by not examining carefully enough and now they want to
correct their own mistake when they find out such mistake in processing
your N400


Apparently USCIS examined your GC application much more carefully
than now they review them. So we can suppose it is safe as long as GC
was granted but there is no guarantee and but for application itself
there is no other way to know
what will happen

 

[trialanderror83]

That bother some people. If such thing (pre-GC activities that were bad but not asked on I485) did exist, will USCIS revoke GC or not. If they revoke the GC, then why did they give GC in the first place by omitting such important question on I485? If they do not revoke GC, then those bad things
were already outside 5 year statutory period and if they still are issue then they cosntitute permanent bar to citizenship

I agree. All I can think is that if USCIS asked these questions on the I-485 like have you ever voted, clamed U.S, or registered, ect... during the AOS process probable more then half the people applying for AOS would be denied and deported. Alot of families would then be getting unemployment without mom or dad here to support them. The govermnent would rather let them stay then pay.

My guess is that USCIS probably suspects that many people in the AOS have done these things and might NOT apply for citizenship in the future.

 

[rajeshcmos]

Hey Allen:

Your experience is like a story. I am very much eager to hear the climax. I hope it is a happy ending !

10-02-09 N400-Mailed
10-05-09 N400 Received
10-08-09 NOA Date
10-12-09 NOA Received
10-13-09 Check Cashed
10-19-09 FN Notice received
11-02-09 FP completed
12-03-09 Interview Letter
01-01-10 Interview Date - Wish me luck

 

[TheRealCanadian]

All I can think is that if USCIS asked these questions on the I-485 like have you ever voted, clamed U.S, or registered, ect... during the AOS process probable more then half the people applying for AOS would be denied and deported.

It's a lot rarer for one to vote/register to vote or make a false claim to US citizenship than it is to work without authorization. But I do wonder how many folks falsely claim to be a US citizen on an I-9.

 

[trialanderror83]

It's a lot rarer for one to vote/register to vote or make a false claim to US citizenship than it is to work without authorization. But I do wonder how many folks falsely claim to be a US citizen on an I-9.

Exactly my point RC. But to work without authorization requires one of two things to happen in order to gain employment. 1st.Under the table. 2nd Claim to be a U.S. citizen(most common).

Probably about half that have overstayed their visa claim to be citizens to gain employment. USCIS would be denying people left and right at AOS if this was asked at that stage.

 

[trialanderror83]

It's a lot rarer for one to vote/register to vote or make a false claim to US citizenship than it is to work without authorization. But I do wonder how many folks falsely claim to be a US citizen on an I-9.

I-9 form is thrown away from your employer after 1 yr of ending your employment.

 

[trialanderror83]

The op already had his interview? Anybody know the outcome?

 

[WBH]

Exactly my point RC. But to work without authorization requires one of two things to happen in order to gain employment. 1st.Under the table. 2nd Claim to be a U.S. citizen(most common).

It is better to claim to be a US PR than a US citizen if they have to do it.

 

[trialanderror83]

It is better to claim to be a US PR than a US citizen if they have to do it.

Agreed. But the problem with that is that the person has to show a work permit or CG. For many it's much easier to claim to be a citizen, and only have to produce a DL.

 

[WBH]

Agreed. But the problem with that is that the person has to show a work permit or CG. For many it's much easier to claim to be a citizen, and only have to produce a DL.

I agree. non-citizen need to put down a A# on I-9.

But I don't think I485 skipped the question "Have you ever
claimed to be a US citizen?" intentionally to give such people
a break. The maker of the I-485 simply did not care.

Then why there is such a question on N400? Because
N400 is about citizenship so that the maker of the N400
were apparently aware they need to create such a quesiton

 

[trialanderror83]

I agree. non-citizen need to put down a A# on I-9.

But I don't think I485 skipped the question "Have you ever
claimed to be a US citizen?" intentionally to give such people
a break. The maker of the I-485 simply did not care.

Then why there is such a question on N400? Because
N400 is about citizenship so that the maker of the N400
were apparently aware they need to create such a quesiton

It's like the new I-9 forms now. Before there would be one box to check that you are a National OR Citizen" of the U.S.

The form now seperates the two because many people were getting a break by saying that they claimed to be a national rather then a citizen. The law specifies that you must have claimed "citizen" NOT national!

 

[WBH]

The op already had his interview? Anybody know the outcome?

I don't think so. I guess she made a mistake when she updated with "01-01-10 Interview Date - Wish me luck". No USCIS office interview people on
New Year Day. Most likely she meant 01-10-10. But that does not make sense either becaise it is sunday.

Wait for her to update

 

[SEA400]

I don't think so. I guess she made a mistake when she updated with "01-01-10 Interview Date - Wish me luck". No USCIS office interview people on
New Year Day. Most likely she meant 01-10-10. But that does not make sense either becaise it is sunday.

Wait for her to update

He really kept us guessing. Even 10-10-10 is a Sunday.

 

[SEA400]

Hi sorry i just joined in today and looking for the answer but cant seem to find it..i'll be having my US citizenship interview this 26th of january and on the letter i received theyre requiring a selective service registration which i failed to do so, since im not aware of it.. im already 31 and already got denied for citizenship last year because of this selective service, am i already qualified for with the 5 year of good moral or do i have to bring a letter of apology which is notarized stating that its an honest mistake and im not aware of t.. please assist me on this as i will be having my interview soon..

Did anyone understand this guy?

Is he saying that his N400 got denied last year due to failure to register with SS?
And then he applied again this year, hoping to have a positive outcome.

 

[WBH]

Did anyone understand this guy?

Is he saying that his N400 got denied last year due to failure to register with SS?
And then he applied again this year, hoping to have a positive outcome.

It is understandable. There is no law saying failure to register SS
is a permanent bar to citizenship. Last application was filed with
his 26th birth day within 5 year period not it is outside that
statutory period. Secondly, another IO or even the same IO
can let it go this time.