N-400 Appeal Process Question

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citizenship_app

Registered Users (C)
Hi,

I have appealed my denial of citizenship with INS. My lawyer filed the appeal on 10/20 and additional brief on 11/19. I have not seen any communication from INS. The policy says that they have 180 days to schedule the hearing. Any idea how much time does it usually take in NY area for hearing to be scheduled? Thanks.
 
citizenship_app said:
Hi,

I have appealed my denial of citizenship with INS. My lawyer filed the appeal on 10/20 and additional brief on 11/19. I have not seen any communication from INS. The policy says that they have 180 days to schedule the hearing. Any idea how much time does it usually take in NY area for hearing to be scheduled? Thanks.
Click to expand...

Why not re-apply? It is faster. Of course it depends on your case's specifics.
 
WBH - I discussed with my lawyer and they suggested that I appeal the decision.

Bobsmyth - do you have any insight into my question? Your response is very much appreciated.
 
No idea on how long NY is taking these days to schedule appeal hearings. What was the basis of your denial? Your previous posts don't pull up for some reason.
 
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citizenship_app said:
Hi Bobsmyth - thanks a lot for your reply. I was denied based on traffic tickets - speeding and cell phone tickets.
Click to expand...

Sounds like nyc_newbie's IO is at it again!

Did they deny you solely on the basis of having tickets or did you have any unpaid/unanswered tickets?
 
citizenship_app said:
Hi,

I have appealed my denial of citizenship with INS. My lawyer filed the appeal on 10/20 and additional brief on 11/19. I have not seen any communication from INS. The policy says that they have 180 days to schedule the hearing. Any idea how much time does it usually take in NY area for hearing to be scheduled? Thanks.
Click to expand...

My case was denied in June, 2009 - we filed an appeal in July 2009 and my hearing is March 2010. Hope this helps and Good Luck
 
Vorpal said:
Sounds like nyc_newbie's IO is at it again!

Did they deny you solely on the basis of having tickets or did you have any unpaid/unanswered tickets?
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I don't believe anyone has ever been denied of citizenship because of a couple of ordinary traffic tickets they duely paid.
All these reports must have something we do not know about. They can be
(1) Traffic tickets are about something more serious
(2) Two many traiffic tickets that show strong disrespect for traffic laws -- usually if they occur in the same state,
it shoudl already invoke the supspension of driver license anyway.
(3) Failure to show up in court or did not pay in time

If anyone say he just got two oridinary tickets say one is failure to stop at stop sign and teh other is driving 65 MPH in a 55 MPH
zone, handled these tickets according to laws (paid the fine or got them dismissed or got a not guilty verdict) but was denied
citizenship, I would not believe it.

If anyone were denied citizenship simply because of two such traffic tickets, citizenship would not be proud thing to
get.
 
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citizenship_app said:
Hi Bobsmyth - thanks a lot for your reply. I was denied based on traffic tickets - speeding and cell phone tickets.
Click to expand...

how many tickets are we talking about here ? and how often ? in the sense how many months/days apart were the tickets given? were they all paid and did you have the proof of payment/disposition papers?
 
Jackolantern said:
Is this the case where there were tickets that went unpaid for a long time, and the OP missed a court date?
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This is the original story (http://forums.immigration.com/showthread.php?303914-Citizenship-application-denied!&highlight=)
I still remmeber that story freshly but could not remeber the name of the poster but I suspected it was the same applicant and
I was confirmed by searching.

It was very complicated. The OP may be innocent but it look kind of complicated so the IOs may not be able to see it very clearly.

The bottomline is the USCIS would not deny a case when traffic violations and their handling are very straight.

In OP's case,
(1) he got three cell phone ticket. the IOs may think he has no respect for law and never show remorse by repeatedly
make the same kind of offense intentionally
(2) One ticket he did not handle in time. It might not be his fault but the burden of proof is on the applicant and the OP
may not have clearly shown it was not his fault. Actually I think it was his fault. He said he fotgot. Maybe he forgot or maybe he
intentionally ignored it, but either way it was his fault - you should not forget when you got cited otehrwise
everyone can ignore citation and then claimed he forgot
(3) He drove with suspended DL. The OP may have an excuse because he did not know his DL was already suspended
but he still could be partly responsible for the mess. If you got an unressolved legal matter, you better update your
address with legal authoriry and perhap you should be resposnbile when the authority did not know your new address
and sent a notice to your old address.


All these factors compounding together, make one's application look not that good.
 
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WBH said:
In OP's case,
(1) he got three cell phone ticket. the IOs may think he has no respect for law and never show remorse by repeatedly
make the same kind of offense intentionally
(2) One ticket he did not handle in time. It might not be his fault but the burden of proof is on the applicant and the OP
may not have clearly shown it was not his fault. Actually I think it was his fault. He said he fotgot. Maybe he forgot or maybe he
intentionally ignored it, but either way it was his fault - you should not forget when you got cited otehrwise
everyone can ignore citation and then claimed he forgot
(3) He drove with suspended DL. The OP may have an excuse because he did not know his DL was already suspended
but he still could be partly responsible for the mess.
Click to expand...
and
(4) he got a court date, requested a reschedule, then failed to show up because they didn't get back to him about the reschedule. He doesn't understand that when a court gives you a date, you better show up on that date unless they give you confirmation of a reschedule or cancellation. You can't just skip the given date because they didn't respond to your reschedule request.

I pleaded not guilty for the 2nd cell phone ticket. Trial date was given but it was not possible for me to go on that date because I was going to be out of town. So, I requested them to move the date. I never heard anything from them. I had moved also around the same time and my address had changed. Since I did not hear anything, I forgot about it.
Click to expand...
 
I have missed to include the traffic tickets (1 speeding + 1 parking + 1 tinted glass). I had paid all of them. I have proof of payment for the glass tints, and disposition papers for the speeding. I have paid everything on time. I have abstract of my DL to show that I have paid everything even though I have points from speeding on my DL.

Should I disregard the traffic ticket / arrest / citation part and deny if i was cited or arrested ?
or should I bring it up and apologize about unintentionally leaving it out, and later known that it was necessary and show him the proof of payment and the DL abstract?

Or

Should I wait for the IO to ask me about any citations, arrests and "traffic Violations" in particular ?


Please advise


the info the abstract has is as follows,

accident prevention course completed on 1/**/1980
point reduction eligible for violations occurirng from 7/**/2006 - 1/**/2008
**************convictions / bail/ forfeitures**********
convicted: speed in zone
violation 06/05/2008 convicted on 6/12/2008
location ***** county ****, town court of ****
penalty fine $250 points 4



I have 4 points
:(

PS: I do not have any proof of payment or disposition for the parking, as I just plead guilty to and sent the check.
 
WBH said:
I don't believe anyone has ever been denied of citizenship because of a couple of ordinary traffic tickets they duely paid.
All these reports must have something we do not know about.
Click to expand...

I communicated with nyc_newbie on a regular basis throught his appeal, and he always maintained that his case was as straight-forward as they get. If you look at some of his old posts, he quotes the exact text from the denial letter in one of them.

As far as having too many traffic tickets is concerned (nyc_newbie had 4 tickets within 8 years, for what it's worth), legal precedents have already established that minor traffic tickets, no matter how many, do not constitute a reason for denial of naturalization.
 
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sreeleshk said:
I have missed to include the traffic tickets (1 speeding + 1 parking + 1 tinted glass). I had paid all of them. I have proof of payment for the glass tints, and disposition papers for the speeding. I have paid everything on time. I have abstract of my DL to show that I have paid everything even though I have points from speeding on my DL.

Should I disregard the traffic ticket / arrest / citation part and deny if i was cited or arrested ?
or should I bring it up and apologize about unintentionally leaving it out, and later known that it was necessary and show him the proof of payment and the DL abstract?

Or

Should I wait for the IO to ask me about any citations, arrests and "traffic Violations" in particular ?


Please advise


the info the abstract has is as follows,

accident prevention course completed on 1/**/1980
point reduction eligible for violations occurirng from 7/**/2006 - 1/**/2008
**************convictions / bail/ forfeitures**********
convicted: speed in zone
violation 06/05/2008 convicted on 6/12/2008
location ***** county ****, town court of ****
penalty fine $250 points 4



I have 4 points
:(

PS: I do not have any proof of payment or disposition for the parking, as I just plead guilty to and sent the check.
Click to expand...

I wouldn't worry about mentioning the minor traffic tickets at this point them unless the IO specifically mentions traffic citations. However you can disclose them at interview to clear your mind.
 
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