Made a great mistake in the N400 application

[gurram1941]

I did not mention my address outside US where lived for almost 1 year. In addition, I did take an employment during that time as well, in addition to the contract work for a small US company.

I have been fingerprinted. I need to know any lawyers in LA area that I could use. Do I need to withdraw my application??

 

[dckaraja]

Dont sweat it.You will have ample time when you go for interview to write down anything you might have missed out.If you mess with you application now.It might delay things for you.

 

[N400Applier]

Dont sweat it.You will have ample time when you go for interview to write down anything you might have missed out.If you mess with you application now.It might delay things for you.

dckaraja,

The icons that you have as part of your signature are absolutely hilarious. Thanks for adding a little humor to the citizenship process.

 

[dckaraja]

Thats just to keep me smiling till end of this process.

 

[gurram1941]

One attorney I spoke to me mentioned that it could be considered as fraud as I did not mention the employment in another country and list the address I resided at overseas. He told me that is was better to withdraw the application and then send it as fresh one as omission of employment in a foreign country is considered a serious one.

Any thoughts on this??

 

[dckaraja]

If it is recent event than I would withdraw it.If this is beyond your 5 yr period than I would just wait and explain it in before your interview begins either way I think you just opened a unessary door for them.

 

[Al Southner]

Just relax

One attorney I spoke to me mentioned that it could be considered as fraud as I did not mention the employment in another country and list the address I resided at overseas. He told me that is was better to withdraw the application and then send it as fresh one as omission of employment in a foreign country is considered a serious one.

Any thoughts on this??

Gur,

That attorney seek to scare you to hire him, because you will have an opportunity to correct these errors. However, when you worked for this company, did you pay your taxes on your earning to the IRS?

If no taxes were paid, then you are in for a serious problem.

good luck...

 

[N400Applier]

Thats just to keep me smiling till end of this process.

What number did you call for FBI to check your case.

 

[happigal]

Hi N400Applier...here's the number to call the FBI to check on your fingerprints.

Please note that the FBI will not give you any information on your name check.

1 304-625-2000, option 3

 

[gurram1941]

Gur,

That attorney seek to scare you to hire him, because you will have an opportunity to correct these errors. However, when you worked for this company, did you pay your taxes on your earning to the IRS?

If no taxes were paid, then you are in for a serious problem.

good luck...

This is this year and I have to pay for taxes for amount. I did pay Income tax in the foreign country as it is a Payroll deduction there.
I will have to talk to tax accountant as well.
One more question, my attorney wants to file N-470. Do I have to have it approved before I file N400??

 

[NewlyMinted]

If USCIS sent you a receipt, make a copy of it and send a letter along with copy of the receipt explaining the situation. Give them the proper information and you will be fine. And remeber, your application is not final until you sign it at the interview. I don't know why a lawyer would say that is fraud. Just tell them it wa an oversight on your part and you want to fix it.

 

[boatbod]

This is this year and I have to pay for taxes for amount. I did pay Income tax in the foreign country as it is a Payroll deduction there.
I will have to talk to tax accountant as well.
One more question, my attorney wants to file N-470. Do I have to have it approved before I file N400??

I take it that means your 1yr trip was made last year? Did you read the rules concerning breaks in continuous residence, 'cos if not, I really recommend you read them now.

Up to this point you haven't committed visa fraud, but if you don't tell the IO about your trip and overseas employment, you will be in big trouble when they find out. Bear in mind the officer will ask to see your passport during the interview, so he may very well see the entry stamp for the trip you forgot to list.

Several outcomes are possible:-
- during the interview you may be asked to withdraw your application, and resubmit it once you have completed a 4yr+1day continuous residence from the date you returned from your trip.

- USCIS may decide you were deliberately lying by omitting the trip, and subsequently issue a NOID. This could be bad as it might negatively impact future attempts to naturalize.

- you may successfully persuade the IO that your trip was temporary in nature and thus you did not break continuous residence. Frankly I doubt this outcome because you admit you were employed overseas - typically thats a deal breaker unless it was a simple overseas assignment for your (prior) US-based employer.

- you may continue to forget you ever took the trip, and somehow get away with it. Trouble is, you'll never know when that'll come back to haunt you... not recommended.

 

[boatbod]

I don't know why a lawyer would say that is fraud. Just tell them it wa an oversight on your part and you want to fix it.

...because he signed something he knew to be untrue. Claiming "oversight" for forgetting to include details of 1yr foreign employment would be rather a stretch for even the most absent-minded among us.

 

[gurram1941]

I take it that means your 1yr trip was made last year? Did you read the rules concerning breaks in continuous residence, 'cos if not, I really recommend you read them now.

Up to this point you haven't committed visa fraud, but if you don't tell the IO about your trip and overseas employment, you will be in big trouble when they find out. Bear in mind the officer will ask to see your passport during the interview, so he may very well see the entry stamp for the trip you forgot to list.

Several outcomes are possible:-
- during the interview you may be asked to withdraw your application, and resubmit it once you have completed a 4yr+1day continuous residence from the date you returned from your trip.

- USCIS may decide you were deliberately lying by omitting the trip, and subsequently issue a NOID. This could be bad as it might negatively impact future attempts to naturalize.

- you may successfully persuade the IO that your trip was temporary in nature and thus you did not break continuous residence. Frankly I doubt this outcome because you admit you were employed overseas - typically thats a deal breaker unless it was a simple overseas assignment for your (prior) US-based employer.

- you may continue to forget you ever took the trip, and somehow get away with it. Trouble is, you'll never know when that'll come back to haunt you... not recommended.

I have listed the overseas trips but did not include the employment. The employment was for a subsidiary of the former employer but I took it after I reached the other country. I am returning back to US to work for the former employer in the first week of Jan. I came back to US every 178 days.

 

[boatbod]

I have listed the overseas trips but did not include the employment. The employment was for a subsidiary of the former employer but I took it after I reached the other country. I am returning back to US to work for the former employer in the first week of Jan. I came back to US every 178 days.

Hard to say for certain, but you still made an omission that will have a material affect on the outcome of the case. Correct it at interview and see where that takes you.