Decision can not be made due court dispassion letter and trips review

M

Moe1986

New Member
Hello everyone,

I had my interview yesterday , everything was going smooth after I passed both civics and english test , IO gave me a notice indicates that " Decision can not be made at this time" for two reasons

1. Court disposition certificate (((( That's because while I was preparing my N-400 application I didn't list any traffic tickets as a response for citations and arrests questions because I called USCIS customers service phone and they said no need to so as long as its within traffic tickets rang. So, I assumed I will be ok but, IO asked me again during the interview and I explained to her the story and she told me to file a court disposition letter within the next 30 days to show that I am clear of charges which as soon as I left the interview I stopped by the court ,received a record print out, put it in an USPS overnight service envelop and mailed it back to my IO ))).

The second reason didn't sound right to me!! because it says Additional review for trips outside the U.S... I remember that IO asked about these trips few time during the interview and she took all my passports ( olds ) and made copies of them Also, she asked me about countries I have visited...... Then she asked about how many trips were they ? I answered " 12 " once and then I said " I guess 14 " ((((because I was not sure))) I said that to her though but when I came home I took a look at my applications and it says " 9 " trips during the last 5 years, all of them were under 6 months and the longest trip was 141 days

Now, can anyone till what is going on ???? I need your experiences please because I am getting very frustrated right now..



Thanks in advance
 
They just need more analysis of your case. We had a similar thing and nothing bad happened. When we next heard from them, it was to schedule the oath ceremony.
 
Thank you Harry for you response , do you how long did it take your Ceremony to get into you mailbox after you're done with the interview ?
 
I received an update on my case and its says "APPLICATION IS DENIED" !!!!!!! I haven't received mailed decision yet but I just worry about this decision.
 
I'm waiting for decision letter to be mailed to me so I can find out but I assume something related to my trips outside U.S. because IO asked multiple time about them.
 
Moe1986 said:
I'm waiting for decision letter to be mailed to me so I can find out but I assume something related to my trips outside U.S. because IO asked multiple time about them.
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I'm not a lawyer or an expert but my guess is that the discrepancies in your number of trips and time out of country is the primary issue. This is an important part of the application as too much time out of the US can make an applicant ineligible for Naturalization. In your case they probably thought they didn't have all the necessary information to prove your eligibility and denied the application. Best thing would be to get all your ducks in a row, make a best faith estimate of your trips and time outside the US in the last 5 years and provide that to USCIS.

Just my thoughts, again I'm not an expert and you might consider an immigration lawyer at this point.

Good Luck, wish you the best.
 
Moe, let us know what the letter says. If you have spent enough time in the US, you should appeal your case.
 
Pierre J Dubord said:
I'm not a lawyer or an expert but my guess is that the discrepancies in your number of trips and time out of country is the primary issue. This is an important part of the application as too much time out of the US can make an applicant ineligible for Naturalization. In your case they probably thought they didn't have all the necessary information to prove your eligibility and denied the application. Best thing would be to get all your ducks in a row, make a best faith estimate of your trips and time outside the US in the last 5 years and provide that to USCIS.

Just my thoughts, again I'm not an expert and you might consider an immigration lawyer at this point.

Good Luck, wish you the best.
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I was very careful when I listed all the trips on my application based on residency requirements and as far as I know immigration law related to residency is very clear when it explains eligibility and residency but, I felt that IO was not confident enough to make a decision at the interview.

Thank your for sharing your opinion.
 
My friend's approval in CA was delayed due to the "number of trips" outside the US. They didn't deny his application but asked for additional information and copies of his passports.

His application was approved in the end.
 
Koosh said:
My friend's approval in CA was delayed due to the "number of trips" outside the US. They didn't deny his application but asked for additional information and copies of his passports.

His application was approved in the end.
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Do you have any idea about what type of documents was he asked for ?
 
Bank statements and/or credit card statements and lease agreements. He had to prove that he had not violated the continuous residency requirement.

They also made copies of all his passports. He had two passports at time! Now he has three!!!!

Very odd. There may have been a mismatch between his passport and the application form. It all depends on the IO. Some of them are very shortsighted indeed.

It makes sense to review your application multiple times before the interview.
 
Pierre J Dubord said:
I'm not a lawyer or an expert but my guess is that the discrepancies in your number of trips and time out of country is the primary issue. This is an important part of the application as too much time out of the US can make an applicant ineligible for Naturalization. In your case they probably thought they didn't have all the necessary information to prove your eligibility and denied the application. Best thing would be to get all your ducks in a row, make a best faith estimate of your trips and time outside the US in the last 5 years and provide that to USCIS.

Just my thoughts, again I'm not an expert and you might consider an immigration lawyer at this point.

Good Luck, wish you the best.
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Koosh said:
Bank statements and/or credit card statements and lease agreements. He had to prove that he had not violated the continuous residency requirement.

They also made copies of all his passports. He had two passports at time! Now he has three!!!!

Very odd. There may have been a mismatch between his passport and the application form. It all depends on the IO. Some of them are very shortsighted indeed.

It makes sense to review your application multiple times before the interview.
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Finally!!!! the decision has arrived from USCIS via the mail yesterday and, here the only reason for denial

"On April 28,2015, USCIS issued a form WR-822, Request for Evidence, asking you to submit a complete complaint, and court disposition for citation on April 2009,. The documents requested will help to demonstrate your good moral character. This information was due on May 28 , 2015. To date, you have neither responded to Form WR-822, nor requested additional time to do so. Since you have not demonstrated that you meet the eligibility requirements for naturalization, USCIS denies your Form N-400 . See title 8, code of federal Regulations (8 CFR), section 335.7"

However,on April 29.2015 the Court Disposition was delivered to the same address where I had to do my interview which is the same address indicated on form WR-822, and I do have the proof of delivery obtained by USPS. At this point I am sure that I can overcome the grounds for this denial and submit a request for a hearing BUT, I was wondering if there's any other way to avoid the hearing thing for two reasons

1) Obviously, I was not my fault.
2) I have to spend another $650 to file form N-336 to request a hearing (( Which I believe is not fair since it was not my mistake ))

Therefore, I seeking you help and any experience that might help.

Thank you all in advance.
 
Very interesting. It at least it had nothing to do with your trips abroad.

My suggestion is to speak with a lawyer. Yes it's certainly more expensive but it may save you time and money in the end. Since the USCIS has lost your documents there may be grounds for a reversal.

You need to contact a lawyer to find out.

Good luck and keep us posted.
 
Koosh said:
Very interesting. It at least it had nothing to do with your trips abroad.

My suggestion is to speak with a lawyer. Yes it's certainly more expensive but it may save you time and money in the end. Since the USCIS has lost your documents there may be grounds for a reversal.

You need to contact a lawyer to find out.

Good luck and keep us posted.
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I called USCIS national call center and, explained to them my situation. They filled An Administrative Expedite Request to USCIS local office ( where I had to take my interview ). Also, they said that my local office would respond within five business days to my request and might contact me to fax a copy of my Post Office receipt along with a proof of delivery. Now, as that being done I will continue to wait till they respond as I have told and keep you posted.
 
Good! Hopefully they will approve your case when they see the UPS report or they may ask you to resend the documentation. As we all know the USCIS is not the most efficient organization on this planet!
 
Moe1986 said:
I called USCIS national call center and, explained to them my situation. They filled An Administrative Expedite Request to USCIS local office ( where I had to take my interview ). Also, they said that my local office would respond within five business days to my request and might contact me to fax a copy of my Post Office receipt along with a proof of delivery. Now, as that being done I will continue to wait till they respond as I have told and keep you posted.
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Hi Moe what happened with your case buddy ? Please update
 
Eli80 said:
Hi Moe what happened with your case buddy ? Please update
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Hi Eli80,
A month ago I went to LA local office the same place where I had my interview, I talked to supervisor at the window and i explained to them everything. After 15 min of debating he accepted all documents and gave me a receipt and he told me to wait till a decision be made on my case. Two weeks later, I went again to follow up and they told me section manger has my case and he or she is the only person who can determine whether to reconsider my application or confirm the original decision. So I am waiting.
 
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