Reverse Immigration Denial
my N-400 application denied by the USCIS.
This is my story.
I applied for my citizenship through my U.S citizen wife on April 2008. I have been a permanent resident since June 2005. I did mistakenly register to vote in Los Angeles in October 2004. When my wife decided to register to vote I registered with her thinking that everybody can register and I did not intent to vote until I become an American citizen.
Before the interview I went to Los Angeles County and I did remove my name from the register to vote list on October 16 2008. And I obtained a letter noted that I did remove my name from the list and I did NOT vote.
During the interview for nationalization, I told the Officer that I mistakenly
registered to vote. And I provided her with the evidence of the cancelation. Then she continued the interview and I passed my English test. Then she told me that I will receive a written letter about the decision by the mail within 120 days, which I did receive it within 6 weeks.
This is what I received:
Reference is made to the application for naturalization, Form N-400, which you filed on April 23, 2008, in accordance with Section 316(a) of the Immigration and Nationality Act, as amended. This section provides that a qualified person may be naturalized if a person has resided continuously in the United States as a lawful permanent resident for five years, has been physically present in the United States for at least half of those five years, and has been and still is a person of good moral character.
Pursuant to an investigation and examination of your application, it is determined that you are ineligible for naturalization at this time. The administrative record reflects that, on October 20, 2008, you were interviewed, under oath, regarding your application. On October 20, 2008, you also executed a Record of Sworn Statement, under oath, in which you stated that you registered to vote in the County of Los Angeles, California.
The administrative record also shows that you submitted an original certification from the Acting Registrar-Recorder/County Clerk of the County of Los Angeles, California, date October 16, 2008, establishing that you registered to vote on October 18, 2004.
The statutory period for your naturalization began on April 22, 2003, which is five years prior to the filing date of your application for naturalization and continues until the time of your naturalization. Your act of registering to vote occurred within the statutory period. As an applicant for naturalization, you must demonstrate that you were a person of good moral character during the statutory period.
Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful act that adversely reflect upon the applicant’s moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of 316.10(b)(1) or (2).”
Your act of registering to vote in federal, state, or local election in violation of the law demonstrates a lack of good moral character.
Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(a) Requirement of good moral character during the statutory period.
(1) An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This includes the period between the examination and the administration of the oath of allegiance.”
Inasmuch as you have failed to demonstrate good moral character during the statutory period. You are at this time ineligible for naturalization. Your application for naturalization to become a citizen of the United States must be, and is hereby, denied.
If you decide to request a review hearing on this decision pursuant to Section 336(a) of the Act, you must file a request for a hearing within 30 days of the date of this notice (33 days if this notice was received by mail).
This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing.
Thanks guys for all your support and advice.
Now I appealed and scheduled for an interview on the 18 of February 2009.
Please I need some ideas to overturn (reverse) the previous immigration denial. What documents I have to provide to support my case? I think the immigration likes to see some sort of documents (not my previous story about making a mistake in registering to vote).
Any ideas from you guys might save my application for citizenship.
Thanks
