Citizenship DENIED! HELP!

W

waynermunki

Registered Users (C)
Hi

My name is Wayne. I am writing you in hopes that your forum would be able to help us out even with a small bit of information. In June of 1999 My Girlfriend of 9 years moved here from the Philippines with her family, she was 12
at that time. From 1 day old she waited those full 12 years to be accepted here. Since that day in June she has been 100% committed to her school and work. From getting principals list in high school to working 5 years in a server position.


We recently moved here from Arizona where we had been waiting for a better part of a year to hear her decision in her citizenship :)0) <~~Shock. In the mail we recieved a decision stating she was denied citizenship on the basis of "poor moral character".

So in short it stated she had registered to vote in Arizona (she did). Here is where I am confused, If she had "poor morals" why did she not only admit to her interviewer she had registered but she also submitted proof she had never voted. Now the mail tells us to send $605 in order to appeal the decision. We took out everything in her 401k to cover this and a retainer fee for a Lawyer but its not enough to even do that. What do we do? where do we go from here? USCIS had no problem in denying her status but offers no information as to alternatives or whats to happen next. They only state that they will not go through with legal action??? I mean come on. Please any info or suggestions would be greatly appreciated. Thank you for taking the time to hear us.

Sincerely,
Wayne
 
Sorry let me add she filed under section 316(a) of the Immigration and Nationality act
june of 1999 and this incident where she registered was in October of 2004
 
voting or register to vote when you are not a citizen is a BIG DEAL to them, even if she admited it. I think she should appeal and see what happens. It is probably the only thing left for her to do at this point, but I don't know I'm not an expert on this things that's probably what I would do and also contact an attorney.
 
waynermunki said:
Sorry let me add she filed under section 316(a) of the Immigration and Nationality act
june of 1999 and this incident where she registered was in October of 2004
Click to expand...

A jordian guy who posted here encountered the same thing and he appealed
and got his citizenship. He was in a better situation because he used 3 years
of martriage for his application and his voting registration occurred outside 3 year period. So in case of yoru friend, her voting registration was in october 2004, within 5 years of statutrory period for good moral character. I beleieve she can repplay after october this year.
 
Mimi1212 said:
voting or register to vote when you are not a citizen is a BIG DEAL to them, even if she admited it. I think she should appeal and see what happens. It is probably the only thing left for her to do at this point, but I don't know I'm not an expert on this things that's probably what I would do and also contact an attorney.
Click to expand...

If that Jordian guy's case is a good example, she can reappply in october 2009.
 
Mimi1212 said:
So they "forgive you" if you voted if it was before the 5 or 3 (when married) year time?
Click to expand...

Don;t know "voted" but "registered to vote" is much less serious. It seems the key if whether one calimed to be a citizen or not.

I tried to search that Jodanian post but don't know which keywords to use. But that thread was very heated. A guy from Jordan regitered to vote in California
more than 3 years but less than 5 years ago. He applied for citizenship based upon 3 years of marriage to a US citizen. His application was denied. He appealled and won and he became a citizen. If you do a very exahistiuve search, you may likely find that thread.
 
Last edited by a moderator:
rest of it

Here is there wowrd for word explanation:


"On August 2008, you were interviewed by an officer designated by this service to conduct preliminary examinations on applications for naturalization. Part 10 Question A 1 on application asks "Have you EVER claimed to be a US citizen(in writing or other way)?

your response on the application and verbally was no part 10 question 1 A 2 on the application asks Have you EVER registered to vote in any Federal, State, or local election in the United States? your response "Yes" part 10 Question A 3 asks Have you EVER voted in any Federal, state, or local election in the United States? your response on the application and verbally is "No". You were issued a form N-14 requesting submission of your voting records. On September 2 2008 you responded to the N-14.

Records from Maricopa COunty Arizona Elections Department indicate that you registered to vote on October 13th 2004, you never voted in any elections and your registration was cancelled on august 1 2007 because you indicted on a jury summons you are not a U.S. Citizen

On the application for the voters identification card, there is a statement:
* "I am a Citizen of the United States
* I am a Resident of Arizona and the above named county
* I will be atleast 18 years of age by the next general election
* I am not a convited felon or my civil rights are restored
* I have not been adjudicated incompetent
* Warning: Executing a false registration is a class 6 Felony

Your signature appears above the line marked sign here and date is shown as 10/13/2004


The postion of this service is that you knowingly and willfully committed fraud in applying to register to vote. You knew that you were not a United States Citizen when you registered to vote. Therefore your application for naturalization must be, and hereby is, denied.


it goes on to say Section 327 (a)(3)(D) states any alien who falsely represents themselves to be a citizen can be deported.

and that USCIS has exercised prosecutorial discretion in her case and will not institute removal proceedings based on the incident of false representation.
 
I still don't know WHY people vote or register to vote when they are NOT citizens......I know that you could not be as informed but isn't it pretty clear? why would they let u vote if u are not a citizen???? Just saying, I know that since the 1st day I came to this country and I was really young back then.
 
yes i read his case already he won because they denied him under 316 but infact he filed under 319 and they made a mistake by denying him under section 316

in my girls case she started her 5 years when she got here june of 2009 and incident occured in october 2004 just outside the 5 year mark..i spoke with one attorney who said that doesnt matter??? is he right?
 
Mimi to answer your question she thought it was something for school at the time she did it and i believe it was submitted for her. she did know but her english although clear it was hard to interpret for her this being her downfall.


btw thx for the quick comments its appreciated
 
waynermunki said:
yes i read his case already he won because they denied him under 316 but infact he filed under 319 and they made a mistake by denying him under section 316

in my girls case she started her 5 years when she got here june of 2009 and incident occured in october 2004 just outside the 5 year mark..i spoke with one attorney who said that doesnt matter??? is he right?
Click to expand...

I think the key is "claim to be a US citizen". I don't know how the other person (the one from Jordan) got around this. But if your girlfriend
reggistered to vote in oct 2004, it is not outside the 5 year mark.

But the good thing is that USCIS decide not to start a removal proceeding
 
In some cases the place were you apply for driver license might make registration so easy that some people might not know what they are getting into. The whole process should have a huge red warning saying, if you are not a citizen don't register it might have stiff immigration consequences.

On the other hand this is the kind of legislation that anti-immigrant groups love, stiff consequences, relatively easy to make the mistake of registering to vote and fall afoul of the law.

Anyway, for the original poster it would seem easier to wait until the registration happened outside of the 5 years period and reapply, it seems this is going to be in a couple of months, so seeing how fast applications get processed nowadays it might make sense to reapply instead of appeal. Anyway, this is an important matter, and what I'm saying is definitely not legal advice, just my opinion.
 
Huracan said:
In some cases the place were you apply for driver license might make registration so easy that some people might not know what they are getting into. The whole process should have a huge red warning saying, if you are not a citizen don't register it might have stiff immigration consequences.
Click to expand...

I think green card application should have a civic test too that
warns about dos and don'ts as a PR.
 
she actually did this through school and i believe they submitted it for her. to make matters worse they tried to pass a law a month later sayin u need to show a bunch of documents to even register. i dont know if it passe dor not
 
god why dont they have it in their systems...all government should have her information until she is naturalized. thats my opinion then that way you can just simply deny anyone who is not a citizen.. she has her own SSN shouldnt they see it form there....omg and her green card expired last month
 
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