Denied Citizenship, applying 2 years later???

[tonyhana]

Hey guys here is my story, any advice would be appreciated.

I applied in 2007 for citizenship under the 3 year marriage rule. Approximately 4 months after sending in my application and 1 month to my interview date, I filed for divorce as my wife and I were having issues and I couldnt handle it anymore. After I filed for divorce I sent a certified letter to INS asking to withdraw my N400 application due to my pending divorce. I knew there was no point of going to the interview since I was applying based on 3 year marriage rule and I had filed for divorce.

After sending the withdrawl letter I did not receive anything from INS stating that they have accepted my withdrawl. However, approximately a month after my scheduled interview date I received a letter from INS stating that my N400 has been denied.

Now, I am eligibile to apply under the 5 year rule. Will my old N400 application situation bring me any problems? Should I go in prepared with copies of withdrawl letter sent and confirmation (return signature) that INS did receive my withdrawl letter in 2007. Any advice from the experts would be appreciated.

 

[Bobsmyth]

Your previous denial does not affect your new application as each application is determined for its own merits.

 

[WBH]

After sending the withdrawl letter I did not receive anything from INS stating that they have accepted my withdrawl. However, approximately a month after my scheduled interview date I received a letter from INS stating that my N400 has been denied.

Did the denial letter mention the the reason for denial is that you withdrew the application?

 

[tonyhana]

Did the denial letter mention the the reason for denial is that you withdrew the application?

The denial letter did not mention a reason for denial. It did not mention that I withdrew my application either. I dont remember the exact words but it basically said this was to inform you that your n400 application was denied.

I do not know if they denied it based on withdrawl letter or because I did not show up to interview.

 

[baikal3]

The denial letter did not mention a reason for denial. It did not mention that I withdrew my application either. I dont remember the exact words but it basically said this was to inform you that your n400 application was denied.

I do not know if they denied it based on withdrawl letter or because I did not show up to interview.

As Bobsmyth said, the previous denial should not affect your new N-400 application. You do need to make sure however, if you ever had a conditional green card, that the conditions are removed and that I-751 application is approved. Was that applicable to you?

 

[tonyhana]

As Bobsmyth said, the previous denial should not affect your new N-400 application. You do need to make sure however, if you ever had a conditional green card, that the conditions are removed and that I-751 application is approved. Was that applicable to you?

Yes, my I-751 petition to remove conditions on residence was approved and I obtained my 10 year green card before applying for citizenship

 

[WBH]

The denial letter did not mention a reason for denial. It did not mention that I withdrew my application either. I dont remember the exact words but it basically said this was to inform you that your n400 application was denied.

I do not know if they denied it based on withdrawl letter or because I did not show up to interview.

I heard all denials muct come with specific reasons. Maybe that is only for
post-interview denial

 

[Auscal]

I heard all denials muct come with specific reasons. Maybe that is only for
post-interview denial

When I missed my interview appointment (I had written requesting re-scheduling, but, somehow that letter never made it to my file), I received a letter from the USCIS advising if I did not contact them to reschedule, my application would be "administratively closed".
So, not a denial as such, but, maybe that was what happened to the OP's first application.

 

[maslouj]

I just came back from an interview and they asked me to bring Voter's Registration Application, Voting Records and evidence of removal from the roll of registered voters. All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too. I am afraid that they will deny my application because of this. I passed the writen and oral exam but I needed to submit those document before a dicision is made. Does anyone know what I have to do in this case to make sure they don't deny my application? please I have until the end of this month to submit these documents. do I have to hire a lawyer?

 

[WBH]

I just came back from an interview and they asked me to bring Voter's Registration Application, Voting Records and evidence of removal from the roll of registered voters. All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too. I am afraid that they will deny my application because of this. I passed the writen and oral exam but I needed to submit those document before a dicision is made. Does anyone know what I have to do in this case to make sure they don't deny my application? please I have until the end of this month to submit these documents. do I have to hire a lawyer?

There were even some people who were placed into removal proceeding just because they voted once in federal elections. Hope the USCIS won't go that far.

 

[Bobsmyth]

I just came back from an interview and they asked me to bring Voter's Registration Application, Voting Records and evidence of removal from the roll of registered voters. All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too. I am afraid that they will deny my application because of this. I passed the writen and oral exam but I needed to submit those document before a dicision is made. Does anyone know what I have to do in this case to make sure they don't deny my application? please I have until the end of this month to submit these documents. do I have to hire a lawyer?

Submit the evidence requested to show that you did not to it intentionally. It happened outside statutory period so you should be fine. Consult with a good immigration lawyer to discuss strategy if needed.

Note:Another poster recently was approved for naturalization eventhough he voted outside statutory period.

http://forums.immigration.com/showthread.php?t=289373

 

[Jackolantern]

Submit the evidence requested to show that you did not to it intentionally. It happened outside statutory period so you should be fine. Consult with a good immigration lawyer to discuss strategy if needed.

Note:Another poster recently was approved for naturalization eventhough he voted outside statutory period.

http://forums.immigration.com/showthread.php?t=289373

That poster only registered to vote, but did not actually vote. So that situation was not as bad as maslouj who actually voted.

 

[WBH]

Submit the evidence requested to show that you did not to it intentionally.

The OP did it intentionally but he did not know it was against the law.

The issue here is the ignorance of the law not the mistake of the fact.

Strctly speaking, the ignorance of the law is never good defence but the mistake of the fact is good defense.

But practically, hope the USCIS wil just let it go.

 

[Bobsmyth]

That poster only registered to vote, but did not actually vote. So that situation was not as bad as maslouj who actually voted.

My bad..thanks for catching that. All the more reason for maslouj to consult with an immigration lawyer immediately.

 

[Triple Citizen]

You need to hire a competent attorney ASAP. It will be money well spent!!!

All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too.

 

[thankful]

You have more than citizenship to worry about now.

Voting when you are not eligible to vote is a deportable offense. If the USCIS goes by the book they will place you in removal proceeding. They have done it in similar cases. The only exception is when your parents are both citizens and have lived here before the age of 16.

If they place you for removal the only option I can think of is to apply for cancellation of removal if you have (a) had your gc for five years and (b) lived in the U.S. for seven years.

SPEAK TO AN ATTORNEY NOW.

 

[Jackolantern]

I just came back from an interview and they asked me to bring Voter's Registration Application, Voting Records and evidence of removal from the roll of registered voters. All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too. I am afraid that they will deny my application because of this. I passed the writen and oral exam but I needed to submit those document before a dicision is made. Does anyone know what I have to do in this case to make sure they don't deny my application? please I have until the end of this month to submit these documents. do I have to hire a lawyer?

Why didn't you check with a lawyer before applying? Were you unaware that it is a deportable offense for a noncitizen to vote* ?


*unless it is a local election in one of the few jurisdictions where noncitizens are explicitly allowed to vote.

 

[thankful]

Every single voter registration form I have seen asks at the start: are you a citizen? It then goes to state if no please do not complete this form.

Did you answer yes to this question? A false claim of citizenship is another potential ground of deportation.

 

[WBH]

If they place you for removal the only option I can think of is to apply for cancellation of removal if you have (a) had your gc for five years and (b) lived in the U.S. for seven years.

Both (a) and (b) seem easy to satify for most of the people

 

[formerf1]

I just came back from an interview and they asked me to bring Voter's Registration Application, Voting Records and evidence of removal from the roll of registered voters. All this because I voted one time back in 2000. I was stupid enough to think it was okay for anyone who is married to a US Citizen can vote too. I am afraid that they will deny my application because of this. I passed the writen and oral exam but I needed to submit those document before a dicision is made. Does anyone know what I have to do in this case to make sure they don't deny my application? please I have until the end of this month to submit these documents. do I have to hire a lawyer?

How did the IO found out you voted ?