certified mail?

U

usasf99

Registered Users (C)
I found a notice form local post office showing that I have a certified letter and guess from where? Naturalization and Immigration services of course :eek: I probably pick it up the day after tomorrow and probably it has their decision in it regarding my N 400.
why would they send it certified? probably a denial because all their previous correspondances were sent via regular mail.
is there a cause for sending certified?
 
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If the letter is certified then it sounds to me a DENIAL letter as I've known many people who received denial letter with Certified mail, otherwise USCIS just use regular mail for sending approval notice or REF. The reason for sending denial letter thru certified mail is-to make sure that applicant knows the denial of an application/petition so that s/he won't try to waste time and resource of govt in opening a case under the clause- "I did not receive any mail from USCIS on my application". Hope, this certified mail in your case to be different than other people whom I've known from the past experience. Let us know what's deal.
 
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it sounds like it! and probably the reason will be clearely state lack of good moral character. I think asking for admin review though N336 is useless.
 
it was definitely a denial letter!
the explanation is that" you failed to provide a document from Superior court, noting whether any charges exist(ed) for you, the documention you submitted does not satisfy the request of the N-14 form"

how the hell I m going to get the paper if the court I went to and showed them the INS request could not satisfy it and asked me to go to the Sherriff's Office and get a clearance letter instead, because the court does not handle criminal matters? :mad:

there were no charges, whatsoever against me and I m sure of that 1000000%

if I request a hearing? is there a possibility to reverse their decision provided that my lawyer finds me an answer to their weird request?

regards
 
Explain your problem clearly

Please first explain your problem clearly:
-What did you put on your N-400 application?
-What did you send with the N-400 application?
-Why did you go to court?
-Were you arrested/charged/detained?
-For what reason were you arrested charged or detained?
Without knowing these facts I cannot make head nor tail of your
posts.
Best Regards.
 
Looks like you posted your case before. Why did you start a new thread? Why not post this in the thread that has the case. Obviously, you are not a sane person. No wonder your wife got a restraining order against you.
 
DesertEagle said:
Looks like you posted your case before. Why did you start a new thread? Why not post this in the thread that has the case. Obviously, you are not a sane person. No wonder your wife got a restraining order against you.
Click to expand...

DesertEagle,

You are a sick dude. The guy is already in distress. Your comment isn't helping anyone. What is wrong in creating a new thread. We are all here to share and help. If you do not like that just don't read this forum. Good bye.
 
wow! I m surprised how Mr. deserteagle posts messages and wastes the moderator's disk space he pays for. even an enemy would not write such a thing. judging that I m not a sane person based on what? why would you spoil this portal and disturb the peace of the great people that decided to share and discuss immigration related matters?
Deserteagle, you could create a portal where you can discuss sanity of people and I m sure you will be the only person in that group.

best regards and respects to all the other members
 
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usasf99

Though I've deleted ALL the postings/messages of mine from this forum, but I still remember very well about advising you previously as to what you should be doing to nail down your said problem.

Now, you should immediately file a 'Motion for Reconsideration' with USCIS on their this decision of denial, wherein you should clearly mention that as per a REF (and now denial letter also) issued to you previously about submitting a Court document in relation with your N-400 application as to whether or not there is any ‘charge record’ existed on you then you are hereby notifying that you are being told by the Court clerk that Superior Court (or any other court as a matter of fact) is unable to provide you any kind of record on you since Court doesn't have any record on you because you were NEVER been charged, detained, arrested, or convicted. In addition, you should also explain briefly about the restraining order and submit all the relevant documents on this restraining order like a Complaint for Restraining Order, Final Restraining Order or any other court documents relevant to this restraining order. Once you will file this Motion then the Supervisor of interviewing officer will review your case attentively and will determine whether or not your N-400 application is denied wrongly.

Like I told you before that the officer who interviewed you is either naive of immigration laws in the respect of restraining order or s/he is a rookie who doesn't know that restraining order cannot be used to determine a finding of bad moral character in relation with N-400 unless a restraining order was violated. I'm 100% sure that if USCIS is asking you to submit a document from Superior court about whether or not there is any charge existed against you then they are really referring to this restraining order stuff, otherwise they would have already known your any possible involvement with any criminal activities thru their Criminal Background Check up on you than asking you now to tell them.

You said before that you have an attorney then you should move fast. And, if this attorney discourages you in any ways, then get another attorney right away for this Motion. USCIS cannot deny your N-400 because of this restraining order situation of yours and I'm 100% sure on this. Good Luck.
 
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to Johnny

Johnny,

Thank you for your support and suggestions and I m definitely not gonna let this golden chance slip away from me. I m very convinced that I m eligible for naturalization because this restraining order this is a BS and isn't associated with any charges/arrest/conviction (otherwise, USCIS, wouldn't waste their time investigating the case if my CLEAN background came with a hit) and indeed I m talking to my lawyer this coming Monday and see what she will be suggesting and before that go to that same court and try again with a higher level employee this time.
In case my lawyer shows no interest or skeptical, I will look for another one.
By the way, any one knows really good immigation lawyers in San Francisco with a proven successful career?money is not a problem.
question for you Johonny, did you mean by filing motion of reconsideration that same form N336 (request for a hearing)? or it's another procedure? don't I have to go with N 336 first according to the law ?(http://uscis.gov/lpBin/lpext.dll/in...f=templates&fn=document-frame.htm#slb-cfrp336 )

thank you for your support again.
I was in distress before getting their response fearing missinterpretation of my case and make a wrong removal decision. Right now, I m in an excellent spirit and definitely know citizenship is on the way. loosing money but things hapen :D
 
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DesertEagle said:
Blah Blah Blah
Click to expand...

Do not get personal on this forum. If you cant provide encouragement or factual evidence then dont provide anything :mad:

The poor guy is already in a low due to a denial. What he needs now is support not random accusations or imaginary reasons to admonish him
 
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usasf99

When I talked above about ‘Motion for Reconsideration’, I was referring it to ‘Request for a Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act’ (Form N-336). You have only 30 days to file this form with correct fee (another trick of USCIS to make money), which would start from the date when you received a denial letter. If after an appeal hearing with USCIS, you would still believe that USCIS wrongly denied you naturalization; you can file a petition for a new review of your application in U.S. District Court.

Like I said earlier that in your hearing request-you should submit everything about the Restraining Order. Further, as you know that the burden to prove a case/eligibility for any immigration benefit is always lied upon applicant. That being said, you should contact the Police Station/Headquarter at places where you have lived for the last 5 yrs in order to get a ‘Police Clearance Certificate’. You can contact them either thru phone or go in person. They may charge you some money for this service. This way, you can definitely prove to USCIS by ‘beyond the reasonable doubt’ that there is no any arrest, charge, or conviction upon you. If I were you, I would do just that first and foremost, as it will suffice the need of USCIS in your case.

I forgot the name of a very good immigration attorney in San Francisco who is well known to have a great success in reversing most of the USCIS negative decisions. He can represent anyone from anywhere since immigration is a federal matter. You can find about him from ‘Filipino Reporter’ newspaper or go online for this newspaper. However, I do have a name of another good attorney, and his name is-Gary. Phone number is- (818)-999-9088. I think he is located in San Francisco, but I’m not sure about this. And if money is not the problem to you then there are many good attorneys out there who are very aggressive. They won’t even mind representing you from other places and attending a hearing with you in USCIS office in your District office. But I still advise you to hire an attorney from your place. Good Luck.
 
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Johnnycash

JohnnyCash said:
........ Further, as you know that the burden to prove a case/eligibility for any immigration benefit is always lied upon applicant. That being said, you should contact the Police Station/Headquarter at places where you have lived for the last 5 yrs in order to get a ‘Police Clearance Certificate’. You can contact them either thru phone or go in person. They may charge you some money for this service. This way, you can definitely prove to USCIS by ‘beyond the reasonable doubt’ that there is no any arrest, charge, or conviction upon you. If I were you, I would do just that first and foremost, as it will suffice the need of USCIS in your case.
......
Click to expand...
is the lawyer you were talking about is Michael Gurfinkel, Richard Victorio, marat kleiner, Diana Cobar? (from filipino reporter site)


again, thank you for your response, what you mentionned above was already done! I got a clearance letter from Sherriff's office in that county where the incident occured (for a fee of course). it stated clearely no arrest/record/conviction but it seems that BCIS refused it because it's not from from superior court I went to. in their denial, it was stated that I failed to provide a letter from XXXXX superior court showing whether any charges againt me exist (ed)! therefore they went by the order and decided that I m not establishing good moral character :eek:
the problem is that the family court does not deliver such letter because it's not a criminal case ( this is how the clerk phrased ) they could only give me a copy of the order which was already sent to BCIS on the top of clearance letter. what else they want? isn't sherriff's office databases the convergence point of all courts and correction facilities where all records are stored and enforced?
so either the family court clerk or BCIS officer is screwing up. that's why good lawyer is a must in this kind of cases. what a pain in the ass!
Regarding my lawyer: so far she was just telling me what to do, she never intervened directly ( she has good reputation but who knows?).
 
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usasf99

It's the USCIS officer who is screwing you up on this BS matter. Court cannot give you anything if there is no any arrest, charge or conviction ever occured. And, that is the key fact this stupid officer doesn't seem to understand. But as I said above that officer might just want to have all the record of this Restraining Order since Restraining Order is issued from Superior Court. By the way, you need to submit the Police Clearance Certificate not only from the place where an incident happened, but also from every places where you lived during the last 5 yrs. In order for an attorney to help you out as best, you should gather all these paper works for your attorney. When attorney will file this Hearing request, s/he will need all these facts to prove your position to USCIS. The lawyer name is-Michael Gurfinkel.
 
Johnnycash

thank you Johnny.
I m going on Monday to my lawyer and consult with Gurfinkel (get his opinion as well) then choose who to hire.
by the way, how things are going regarding your case (if you don't mind)?
 
Finally!

I just came from the INS office for my hearing on Denial. I finally got approved and will be scheduled for next oath.
I went with my brilliant attorney (this is not for publicity or marketing but she is really good(costs money though)), who wrote an outstanding brief supported with lots of recommendation letters outbalancing the negative factor I had and it worked! she ferociousely and bravely defended me before the officer.

Thank you guys for your suggestions and support, my sincere salutations go especially to JohnnyCash. Also I m regretful for those who insulted me on this forum without knowing the real facts. May god forgive them.

how do I feel: I m relieved that I m one step away from naturalization(oath). Now I can focus on other daily matters while waiting for that letter, no worries, whenever it comes!!!
 
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Congratulations. After all the hurdles u made it.

BTW: I have a question:if one can gets the clearence from the superior court, which states that after 30 day carry order the charges are dismissed.
Is it ok?
 
SDQmer said:
Congratulations. After all the hurdles u made it.

BTW: I have a question:if one can gets the clearence from the superior court, which states that after 30 day carry order the charges are dismissed.
Is it ok?
Click to expand...


Thanks, I m afraid I did not understand your question. as I said, court related matters can better be handeled by experienced attorneys. best luck
 
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usasf99

As I previously told you that USCIS CANNOT deny your N-400 application just because there is/was a restraining order issued against you, regardless of whether it is/was issued in a criminal court or in a civil court. Because, granting/issuing a restraining order is a civil matter. The only time it becomes a criminal matter and a cause/ground for 100% deportation if it will ever be violated, which you never did.

And I also told you that the interviewing/adjudication officer in your case was either a rookie officer or a naive person not to know about immigration laws that well. Just because s/he is an adjudication officer, doesn't mean s/he is fully aware of all the immigration laws. That's why during the hearing, it has all worked out for you.

Good luck to you in your life which might include "American Dreams".
 
Attorney

usasf99

congrats on your victory over the INS. Maybe we should keep a database of good attorneys like yours
 
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