I being denied with my citizenship, because they said I lied in the interview if I was arrested. I had a situation 4 years ago, with a bad check. NOW, I understand that I was arrested, but to my eyes I never was behind bars, I went to paid a fee, but I never thought I was arrested, because I never see myself behind bars,ok. Well when I filled out the N400 form, I marked NO under that questions, in my interview, the person asked me twice if I was arrested again I said NO, the the fingerprints show tha I was arrested, so they aske me question about it!!! the only thing that I remember that I was in schock extremely nervuos, fortunaly I had some related papers, that always kept together with all my important documents, and I show those to him, he just make a copy of it and told me that I will receive a respond by mail. Now, of course the denied my application. Now my question is do I have to file the N366 requesting the hearing?? Do I have to explain them myself it was a confusion in my side, or I be better safe hiring a Lawyer, the thing is I do not have money to do so, and I do not want to pay a lawyer if they still are going to denied. What should I do? Need help ASAP.
Citizenship denied
- Thread starter Menita
- Start date
I'd suggest not bothering with paying another $600 to contest the current application. Wait until 5 years have passed since the bad check incident and apply again. This time mark the required field on your application, obtain proper court disposition papers and attach them to your N-400 if required.
What were the exact charges filed against you?
What were the exact charges filed against you?
richmondva
Registered Users (C)
How can you be so sure that your application will be denied? From what I understand, at the interview you gave them your disposition papers that showed you had paid and cleared your dues. Did the IO then mark "Yes" to the arrest questions in your application? You have also submitted all the paperwork regarding the arrest at the interview, Right? In your N-652 form that they give after interview has the officer checked that "a decision cannot be made now and will be sent to you". If that is the case you may still be approved.
Or did I interpret it incorrectly and you have already received the denial letter?
If you can exactly explain your case, arrest, interview process etc. or have some friend word it for you in detail and post it here; others may be able to help you in a much better way.
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BostonCool
Registered Users (C)
Why were you fingerprinted for a bad check? (makes me to think twice) not to insult you by anyway -
spiderman03
Registered Users (C)
It is possible that the department which processed your fine reported it as an arrest, even though you paid it. You can try going back to the place where you paid the fine, ask them to provide a document showing very clearly that you were never arrested for it, then take it to a lawyer, ask his opinion and probably hire him/her to request a hearing. That could work.
spiderman03
Registered Users (C)
FP results will show whole history on our name. When there is an arrest on the name, it will show even though no FP's were taken during the time of the incident.
Arrested means you were holding for certain period of time inside the Police Station or other law enforcement agency. They took you from place A and brought you to place B which is police station or other law enforcment agency.
Jailed means you have been behind the bars. but not in prison.
Prisoned means you have been convicted and placed to prison as a measurement of your punishment.
So you have been ARRESTED, but you didn't mark the right spot on N-400.
So you lied to IO. They gave you a chance to confess. You refused.
Lying to IO is a punishable under INA, and you are fallen under category of people who permanently ineligible for U.S. Citizenship.
He/She was arrested, it doesn't matter if he/she paid the fine. Paying fine doesn't clear your record.
let's say you are driving your vehicle 25 miles above the speed limit. Cops pulling you over and charging you with reckless driving, They brought you to Police station did paperwork gave you a ticket you paid it. Good to Go. You took class and no points goes to your license etc. You good to go. But you still have been arrested.
Doesn't matter if you paid the fine
Depends
1) Check was issued, but didn't went through because of NSF and later on it was compensated
2) Check was issued with intention to "buy" something and disappear.
First happens almost everyday and it's not a crime, Second is a crime!
JohnnyCash
Volunteer Moderator
Since your background checks thru USCIS shows that you were arrested then you were arrested unless USCIS got the wrong information on your background checks from FBI. Thus, without discussing more on bad check incident, I will say that you were arrested even though you cleared the matter later on only once law enforcement were got involved. So there shouldn't be any confusion to you on your arrest.
Confusion?? Really?? You were arrested and fingerprinted, and you still have had confusion on the question-if you were EVER been arrested/charged/indicted/cited???? Let alone when answered on the application and to the officer at the interview under oath and under penalty of perjury. I guess so much for the confusion...I don't think people could be confused about such a big issue in their life especially when it's in the context to obtaining a US citizenship. I'm sure OP knew all along that s/he lied and mistakenly thought govt would never find out about it since case is over. And now once OP got denied, then all these confusion comes into play as a defense. I guess every applicant should use the same defense upon caught by saying s/he was confused and nervous on the answer under oath.
Arrest on writing/passing a bad check doesn't seem to be the problem here as of now unless USCIS starts stripping OP from the green card in a few months, but lying to immigration officer under oath is a very big mistake and a ground to get denied. Hiring an attorney won't do much because it wouldn't wipe out the fact that OP did lie/hide/conceal a material fact. Lawyers can only help when there is a legal issue...meaning if OP's application is denied wrongly and without the fact and laws. And appeal can only be heard when officer made a mistake in adjudicating the application which doesn't seem to be the case here.
It's well written on the application itself about applicants to answering truthfully, and if one has any criminal issue in the past then consult with immigration attorney first before applying for the US citizenship. But I guess OP overlooked all these. As to whether OP would receive a NTA to revoke his/her green card then it would depend on the state where crime was committed and tried at because shoplifting does fall under deportable crimes but it would depend on state criminal laws where OP resides. Also, people shouldn't be confused on the period for USCIS to see someone's moral character as most people mistakenly think that USCIS can only look back for 5years which is not true. Under the law, USCIS can go back as many years as they wish to determine the moral character but they normally don't go more than 5 years back unless there is more to dig into to get a big picture on the character of the applicant.
Now OP has two choices. First- to file an appeal (before time runs out) which will make his/her case to be heard by another adjudication officer, to whom OP should explain the whole situation on this matter without being "confused" and with certify copy of the record on the criminal incident. It will be up to the new officer whether let stay the ruling as it's or approve the application. There will be 50-50 chances on it. But keep it in mind that appeal would cost money and time (at least 6 or more), but it's worth trying in my opinion. The second choice is- wait for at least 5 years from the date of denial to re-file it so that OP would be out the period (5 years) that is required for USCIS to see the moral character of the applicant. As for whether or not OP should hire an attorney then it's OP's own choice but it's a common sense that whenever an appeal or a comlication occurs then it's better to be represented by an attorney.
Good luck...
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spiderman03
Registered Users (C)
Are you in the habit of scaring people? The applicant no where indicated that she was held for certain period or brought to a police station. At this point, she only indicated that she went to pay the fine. How is she going to confess if she doesn't know herself that she was marked for arrest during that time. Until the applicant admits that she was held in the police station (need not be behind bars), there is no reason to scare people with your wild theories. It would be nice to help people in distress with various legal options available rather than scare them.
spiderman03
Registered Users (C)
How did you conclude that she was arrested and finger printed? My understanding is, she meant that the FP back ground check showed she was arrested in her past, not the same as arrested and finger printed at the same time. Nobody here knows except her what exactly happened at that time. It's ridiculous to indulge in wild imaginations and accuse the applicant of something. That's not what we do here. All we can do is advice based on what she wrote here, not what she could possibly be hiding.
Hey look, people issuing bad checks everyday, I did few times in my life, without any intention to do.
I mean you have 100 bucks on your account and issuing check for 90 bucks, and at the same somebody depositing another check you issued like few weeks ago, of course you got no money to pay for that check. That's understandable. You are not going to be arrested or reported to Law Enforcement. I never heard about cases with NSF. Pay your NSF fee deposit more money, get over it. Sh#t happens!
Another thing, some people issuing checks with intention, knowing that account doesn't exist or account empty and there is no scheduled deposits on it. It's a Crime. and punishable under U.S.C.
richmondva
Registered Users (C)
bad check that I wrote to a grocery store(
Five years is the time that do I have to wait to reapply??? they did not mention anything in the desicion. Also I'm concern. Can they take away from me my recidency, because of that??
Did you do it with purpose? I mean issuing checks with not enough money on account is not a big deal. Put more money contact the vendor and ask him redeposit again, end of story.
Crime is when you got no money on account or closed account and issuing checks.
That's crime
So, Im just trying to figure out, did you issued a check with intention to pay or intention to get away with it?
Because second part is a bad bad thing!
Usually vendor is trying to contact the owner of the check first before Law Enforcment.
How did you (and Johnycash) conclude that the OP was a "She"??
Have you ever seen a MALE paying by check in the grocery store?
I don't know, that's my personal observation.
Me personally using Credit or Debit Cards in grocery store.
Ive seen few times people were using checks in grocery stores, all the time they were FEMALES
Hey im not discriminate people by gender, it's just observation)