FINALLY INTERVIEWED IN AUGUST 2009 BUT Decision cannot be made AND I AM WAITING FOR OATH LETTER.

N

namitanamburi

Registered Users (C)
Hello all,


I am from India and Here are My N 400 Details. Applied from Hartford, CT

Received Date July, 2007
Priority Date July, 2007
Notice date Sept, 2007
Check Cleared Aug, 2007
Finger Print OCT, 2007


First Interview scheduled on Aug 5th 2008 in INS office in Hartford, CT

Got a Letter just 1 weeks before from USCIS saying that they cancelled my interview BUT THEY DID NOT MENTION MY NEXT INTERVIEW DATE.

Second time interview scheduled in March 2009

Got a Letter just 2 weeks before the interview from INS, saying "due to unforeseen circumstances", they have had to cacel the interview, they will advise me of any further action taken on my case.

Third time interview scheduled on June 2009

Got a Letter just 3 weeks before the interview from INS, saying "due to unforeseen circumstances", they have had to cacel the interview, they will advise me of any further action taken on my case.


FINALLY INTERVIEWED IN AUGUST 2009 BUT Decision cannot be made AND I AM WAITING FOR OATH LETTER.


ANY BODY IN THIS BOAT. PLEASE LET ME KNOW???

HOW MANY DAYS WILL TAKE TO GET ANY DECESION FROM USCIS LOCAL OFFICE.

THERE IS NO CRIMINAL BACKGROUND AND THERE IS NO TRAFFIC TICKETS AND WE PAID TAXES ONTIME BUT..BUT...WE ARE VICTIM OF STUPID 498A ( WWW.498A.ORG) I FEEL THIS IS THE REASON BEHIND THIS DELAY.

SHARE YOUR THOUGHTS...............
 
namitanamburi said:
Hello all,


I am from India and Here are My N 400 Details. Applied from Hartford, CT

Received Date July, 2007
Priority Date July, 2007
Notice date Sept, 2007
Check Cleared Aug, 2007
Finger Print OCT, 2007


First Interview scheduled on Aug 5th 2008 in INS office in Hartford, CT

Got a Letter just 1 weeks before from USCIS saying that they cancelled my interview BUT THEY DID NOT MENTION MY NEXT INTERVIEW DATE.

Second time interview scheduled in March 2009

Got a Letter just 2 weeks before the interview from INS, saying "due to unforeseen circumstances", they have had to cacel the interview, they will advise me of any further action taken on my case.

Third time interview scheduled on June 2009

Got a Letter just 3 weeks before the interview from INS, saying "due to unforeseen circumstances", they have had to cacel the interview, they will advise me of any further action taken on my case.


FINALLY INTERVIEWED IN AUGUST 2009 BUT Decision cannot be made AND I AM WAITING FOR OATH LETTER.


ANY BODY IN THIS BOAT. PLEASE LET ME KNOW???

HOW MANY DAYS WILL TAKE TO GET ANY DECESION FROM USCIS LOCAL OFFICE.

THERE IS NO CRIMINAL BACKGROUND AND THERE IS NO TRAFFIC TICKETS AND WE PAID TAXES ONTIME BUT..BUT...WE ARE VICTIM OF STUPID 498A ( WWW.498A.ORG) I FEEL THIS IS THE REASON BEHIND THIS DELAY.

SHARE YOUR THOUGHTS...............
Click to expand...

Did you disclose that 498a was being used against you on N-400 or at interview?
 
Thanks for all reply.


YES I disclosed 498a issue on N-400 form and explained in the interview process and showed lot of document to immigration officer.
 
The section 498a (Indian dowry laws) of the Indian Penal Code, by some unscrupulous
women and their families, has been taking a huge toll on the personal and professional lives of Overseas Indians. Since the Indian legal system considers all complaints filed by women to be genuine by default, laws that have been made to protect women from
dowry harassment are now being increasingly used as a weapon to blackmail, extort money from or seek revenge on Overseas Indians and their families in India. Overseas Indians who unwittingly land in India for various reasons have been arrested, illtreated
and exploited in the name of dowry laws. This kind of “legal terrorism” has caused so much economic and emotional damage that marrying a woman of Indian origin has become a source of intense fear among Overseas Indian men.

The abuse of Indian dowry laws has hampered the progress of hundreds of Overseas Indians whose intellectual abilities and professional skills are highly valued all over the world. Many Overseas Indians trapped in false criminal cases are expending their
valuable time, effort and money to fight their cases which drag on for several years due to the inefficient Indian police and judicial systems.
 
I am confused - if you are a woman, this issue should be about guys getting into trouble - not women. Is there someone in your family who has this against him? Or, assuming you are a woman, someone is falsely accusing you of those charges? Or, is there a male member in your family being harassed?

I guess even US authorities are not very clear of what to do, but US is aware of those claims.

This is listed in the travel.state.gov website - select country specific information - India.

On a different note, how should a person avoid those charges?

Can he get married and get an affidavit signed that he did not make claim for any dowry, and did not receive one, and would never request for it - and get that signed from the other party too?

This could ensure there are no charges related to dowry?
 
Bobsmyth said:
Did you disclose that 498a was being used against you on N-400 or at interview?
Click to expand...

Which question of N400 would require applicants to disclose this matter?
The OP said he or sha had no crminal history so I don't see any other questions are related to whatever 498a is
 
WBH said:
Which question of N400 would require applicants to disclose this matter?
The OP said he or sha had no crminal history so I don't see any other questions are related to whatever 498a is
Click to expand...

It not a question of whether you need to disclose 498a, but rather how the OP interpreted the question about if he was ever charged with anything. 498a is a foreign criminal matter that can involve an arrest. Read the law yourself:

http://www.498a.org/498aexplained.htm
 
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namitanamburi said:
Thanks for all reply.


YES I disclosed 498a issue on N-400 form and explained in the interview process and showed lot of document to immigration officer.
Click to expand...

The fact that you disclosed it as a conviction will require your case to be further scrutinized by a superior IO. You didn't need to disclose it as it only adds confusion for the IO. You should be fine, but your case will first need to be reviewed by a superior.
 
Last edited by a moderator:
Bobsmyth said:
It not a question of whether you need to disclose 498a, but rather how the OP interpreted the question about if he was ever charged with anything. 498a is a foreign civil matter and does not need to be disclosed.
Click to expand...

Question 22(g) in part 10 of N-400 asks "Have you ever failed to support your depenents or pay alimony?"

I am not entirely sure what this 498a thing is, but perhaps whatever happened had to be disclosed in item 22(g).
 
baikal3 said:
Question 22(g) in part 10 of N-400 asks "Have you ever failed to support your depenents or pay alimony?"

I am not entirely sure what this 498a thing is, but perhaps whatever happened had to be disclosed in item 22(g).
Click to expand...

It's not alimony. 498a is an Indian law that allows wife and in-laws to falsely claim spousal abuse in return for payment of money. It actually falls under the Indian criminal code. Most likely the OP declared it as it involves an arrest and possible jail time:

http://www.498a.org/498aexplained.htm
 
Bobsmyth said:
It's not alimony. 498a is an Indian law that allows wife and in-laws to falsely claim spousal abuse in return for payment of money. It actually falls under the Indian criminal code. Most likely the OP declared it as it involves an arrest and possible jail time:

http://www.498a.org/498aexplained.htm
Click to expand...

Oh, I see. As you say and according to the link you provided, 498a is a criminal, rather than a civil, statute. So if somebody has been charged under it (even if there was no actual arrest), this probably did have to be disclosed under q. 17 "Have you ever been charged with committing any crime or offense?"
 
baikal3 said:
Oh, I see. As you say and according to the link you provided, 498a is a criminal, rather than a civil, statute. So if somebody has been charged under it (even if there was no actual arrest), this probably did have to be disclosed under q. 17 "Have you ever been charged with committing any crime or offense?"
Click to expand...

Correct, since it involves being charged..eventhough it was in a foreign country.
 
This rule is Passed by Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows,

“Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is Cognizable, non-compoundable and non-bailable.



Please read the Act 46 of 1983 to understand 498a better.

How are you at risk and why it is dangerous for the society?

Your wife/daughter-in-law who's demands are not met can make a written false complaint of dowry harassment to a nearby police station. The husband, his old parents and relatives are immediately arrested without sufficient investigation and put behind bars on a non-bailable terms. Even if the complaint is false, you shall be presumed guilty until you prove that you are innocent.

498a can only be invoked by wife/daughter-in-law or her relative. Most cases where Sec 498A is invoked turn out to be false (as repeatedly accepted by High Courts and Supreme Court in India) as they are mere blackmail attempts by the wife (or her close relatives) when faced with a strained marriage. In most cases 498a complaint is followed by the demand of huge amount of money (extortion) to settle the case out of the court. This section is non-bailable(you have to appear in court and get bail from the judge), non-compoundable (complaint can't be withdrawn) and cognizable (register and investigate the complaint, although in practice most of the time arrest happens before investigation). There have been countless instances where, without any investigation, the police has arrested elderly parents, unmarried sisters, pregnant sister-in-laws and even 3 year old children. In these cases unsuspecting family of husband has to go through a lot of mental torture and harassment by the corrupt Indian legal system. A typical case goes on for years (5-7 years is typical) and the conviction rate is about 2% only. Some accused parents, sisters and even husbands have committed suicide after time in jail.
 
namitanamburi said:
I applied my citizenship with the help of Attorney.

Under Attorney Guidance I mentioned YES for 16th question under Good Moral Character Part in N400 form and remaing all I put as NO.
Click to expand...

I think we all take for granted except for trtaffic violation any Yes answer
to soem of these questions would get you a "decision cannot be made"
interview results. So don't worry about it. The supervisor will review aprroved it.
 
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