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citizenship denied...hearing confim the denial..HELP !!!
- Thread starter mikemonte
- Start date
Question....
as im american citizenship thats can be uses in another form or naturalization, diferent process,....or that does not matter...
Are you asking if it would make a difference if she reapplied under 3 year marriage rule?
yes
YES!! thats the question!!
Are you asking if it would make a difference if she reapplied under 3 year marriage rule?
YES!! thats the question!!
Does the original denial (not appeal denial) state when she could reapply again?
i dont think so...!!
Was the hearing in a district court before federal judge?
no. local in immigration office
At this point, the best possible thing you can do is consult with an attorney. I'm absolutely positive that the main reason your wife's application was denied is failure to disclose her arrest/conviction. Being that her application was originally denied in October 2006, my opinion is that she'll be able to reapply in October 2011.
it would make a difference if she reapplied under 3 year marriage rule?
no. local in immigration office
Then you can dispute the denial in federal district court.
See 8 USC 1421(c)
(c) Judicial review
A person whose application for naturalization under this subchapter is denied, after a hearing before an immigration officer under section 1447 (a) of this title, may seek review of such denial before the United States district court for the district in which such person resides in accordance with chapter 7 of title 5. Such review shall be de novo, and the court shall make its own findings of fact and conclusions of law and shall, at the request of the petitioner, conduct a hearing de novo on the application.
The federal judges often overrule denials for similar reason when the person did not intend to lie:
http://www.bibdaily.com/pdfs/Szpak 7-25-07.pdf
http://pacer.mad.uscourts.gov/dc/cgi-bin/recentops.pl?filename=wolf/pdf/hussain+publish.pdf
JohnnyCash
Volunteer Moderator
it would make a difference if she reapplied under 3 year marriage rule?
Pretty much every member who has responded here is correct in their information. Your wife's application is denied because she was found lying/misrepresenting/concealing a material fact under penalty of perjury and under oath which is a ground in itself to deny the application. Not knowing and playing ignorace on something as material as this information can never be a defense.
In the wake of this fact, USCIS now believes that your wife is not a person of good character. Besides, the conviction for the crime that your wife committed is itself under 5 yrs statutory period at the time application was filed...another sole ground to deny the application. That's why appeal was denied. I know we are not talking about whether or not her conviction for such offense is a ground for deportation. So I wouldn't even go there to waste the time. You can appeal to Federal Courts, if you want, but honestly you guys have no chance to prevail, trust me. Plus, appeal takes years in Federal Courts....It took a year just with USCIS...So think how long it would take in courts....
You can NOT re-apply before 5 yrs now because her application is denied for bad character...There is a 5 yrs statutory period to wait before re-apply if the application gets denied under this ground...It's because INS wants to see a good character clean for at least 5 yrs.
Good luck...
Jackolantern
Registered Users (C)
When would be the appropriate time to reapply in this case ... 5 years after the N-400 filing, 5 years after the interview, 5 years after the first denial, or 5 years after the last denial?You can NOT re-apply before 5 yrs now because her application is denied for bad character...There is a 5 yrs statutory period to wait before re-apply if the application gets denied under this ground...It's because INS wants to see a good character clean for at least 5 yrs.
When would be the appropriate time to reapply in this case ... 5 years after the N-400 filing, 5 years after the interview, 5 years after the first denial, or 5 years after the last denial?
Will be good to know!!
JohnnyCash
Volunteer Moderator
When would be the appropriate time to reapply in this case ... 5 years after the N-400 filing, 5 years after the interview, 5 years after the first denial, or 5 years after the last denial?
5 yrs AFTER the first/initial denial, and not when application was filed or when appeal got denied.
1) Why are we speculating here about the cause of the denial? Mikemonte: surely they told you what specific reason for the bad moral character there was if not in the letter, then at the interview or the appeals hearing? Did they accuse her of false testimony or did they just point to the conviction?
2) My recollection is that you need to show GMC during the statutory period - that period is 3 years if she applies as a wife of a citizen - assuming you are married for that entire period, of course.
2) My recollection is that you need to show GMC during the statutory period - that period is 3 years if she applies as a wife of a citizen - assuming you are married for that entire period, of course.
1) Why are we speculating here about the cause of the denial?
It's not really speculation when the OP has already admitted that his wife did not disclose conviction on application: the reason for the denial is obvious.