Do I need a lawyer?:confused:

M

mimo1609

Registered Users (C)
My ex got me arrested in 2003 to scare me, she lied to the officer and he bought it from her, the charges was dropped and the case is dismissed, again in 2005 my ex played the same dirty game and I was arrested while sleeping in my bedroom, I had a plea agreement in the second case and pleaded guilty (to be done with all the stress) I had probation for one year and $500 fine, I applied for my citizenship in 2009 and the case was denied because I didn't have full 5 years of good moral character. The denial letter stated that I can apply again after 5 years from the end of probation period.

I'm planning to apply again for my citizenship...do I need a lawyer?
it's really hard to decide:confused:
 
I don't think that hiring an attorney would help you out because there is nothing for an attorney to do in your case. I mean, USCIS already mentioned to you previously when your last naturalization application got denied that you failed to show a good moral character for the required 5 years because of one year probation that you had on your criminal case. Now, you can re-file and I don't think USCIS will deny you based on previous denial because you are now good to go thru as far as establishing last 5 years' good moral character is concerned, but I hope there is no any other issues.

Good luck
 
Even if I pleaded guilty? that should be fine?
when I applied the first time I didn't mention the arrests because my ignorance and believing my defense attorney, the IO found out about the case from my I485 file, I explainded the story to him and i got the denail letter...
do you think that will have any effect on the new application?
I'm going to submitt the court disposition for the cases along with the applications
 
mimo1609 said:
Even if I pleaded guilty? that should be fine?
when I applied the first time I didn't mention the arrests because my ignorance and believing my defense attorney, the IO found out about the case from my I485 file, I explainded the story to him and i got the denail letter...
do you think that will have any effect on the new application?
I'm going to submitt the court disposition for the cases along with the applications
Click to expand...

Re-read your denial. You got caught in a lie about something that would NOT have prevented naturalization. You got denied for lying about it and the 5 years is from the date of the lie and NOT from the end of probation. [If it was a serious domestic violence issue you would have gotten an NTA.]

You either misread it, or it is written incorrectly, or you are lying about it now.
 
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the letter excatly said that I didn't pass I didn't pass 5 years from the end of probabtion, and I can apply in august of 2010 which is 5 yeats from the probation...and didn't mention anything about lying
 
If that's what the letter says, I think you can apply. Once they have given a definitive verdict on a case (wait till Aug 2010), they are not going to go against that.
If there is another problem in the file, that's another issue.
 
mimo1609 said:
The denial letter stated that I can apply again after 5 years from the end of probation period.

:
Click to expand...

The denial letter is incorrect. An applicant is not precluded from naturalization if the applicant was on parole during the statutory period. What's important is that parole be complete before the interview since that is when the determination of GMC is made.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30776.html

Considering you originally applied without realizing the immigration consequences of a past conviction, you should at the very least read the guide before you apply again.

http://www.uscis.gov/files/article/M-476.pdf
 
Back to the first post..... you speak of an "ex". Did the marriage to the ex lead to your greencard? That may be another thing to examine and discuss with a lawyer.
 
BigJoe5 said:
Back to the first post..... you speak of an "ex". Did the marriage to the ex lead to your greencard? That may be another thing to examine and discuss with a lawyer.
Click to expand...

Hi BigJoe:
Thank you for your input

The first denial letter in 2009 said "based on the convection of a crime involving moral turpitude in the statutorily prescribed period for good moral character, you currently do not comply with the statues as being a person of good moral character. In view of your poor moral character, your application for N-400 is hereby denied. This denial is made without prejudice towards the filing of a new N-400 application in the future"

I have applied again, and went for the interview which went well and the IO told me at the beginning of the interview that she will not be able to make a decision same day.
When I checked my online statues on Nov 7 and it says:
"Your Case Status: Post Decision Activity On November 7, 2011, the supervisor review of your case was completed. We will mail you a notice once a final decision has been made. Please wait to receive the notice before you contact USCIS"

Now I can't even sleep waiting for that letter, My lawyer doesn't really say anything but we have to wait
based on experience BigJoe, a case similar to mine can get denial? and if yes is there any sever consequences for the denial?
 
The wording in the denial indicates that there was a "temporary bar to a finding of GMC". Did you wait long enough to re-apply?
 
Hi Big Joe,
The letter said I can apply again after August 11, 2010, I actually re-applied Sep. 2011
Like what you said, it seems like they had temp. bar on my case but I'm really worried if the first review was limited review

any thought?
 
BigJoe5 said:
Back to the first post..... you speak of an "ex". Did the marriage to the ex lead to your greencard? That may be another thing to examine and discuss with a lawyer.
Click to expand...

yes she was my ex who I got my GC through, it is a long story and I don't wanna go over it here althought both cases were false
but I pleaded guilty on the second case only to get out of the mess she was causing me and didn't know the immigration consequenses but I'm she she did that on purpose knowing what trouble she can cause.
 
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