N400-Interview - More Evidence Requested -Officer Accused of Fraud - Traffic Tickets

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cooluswiz

Registered Users (C)
I had my N400 Interview today and completed my civic exams and then the officer start going through my application, when she reach the question about the citation (I have answered no) and asked her clarification that if traffic citation are included she said yes and then i did told her about what citation i remember in last 5 years. Later she ask me to sign the paper work and then told me that I committed a fraud and showed me a paper signed by me at the airport(History Below), I have told her that I did not committed any fraud and tried to explain as follows, further she ask me to provide my old passport used in 1999 and told me that once she has the document (within 30 days) she will make a decision.

I have spoken to few attorneys and now confused that should I get an attorney now or wait for her decision and whether me taking a attorney will help or make it complicated. I am also so stressed out as I have never done anything wrong and now been accused of something I have never done it was complete misunderstanding conducted by the officer in 1999. Again my GC was issued in 2006. Please advise and also can they also revoke my GC . Further my family (Wife-Daughter) has given the citizenship interview and passed, currently waiting for Oath dates. How does that affect . Also as I have asked for clarification on the question of citation and did not lied . I lived here as a law abiding citizen for over 12 years. I need help. Do go through the brief below(At this stage she did not denied and I will be submitting my stuff next week either directly or via the help of attorney(I will take it now as lot of ppl have advised me)


History in Question - Brief 1999:-

- I was schedule to travel on my B1-B2 visa to attend business Conference in Vegas , for which I had my tickets, conference register along with hotel booking.

- As I was traveling to US around that time, I was approached by XXXX to conduct a huge networking project for a Bank in XXXX XX and they needed expertise which I had as I have implemented similar project for my Bank . I have decided at that time to stop in XXX before going to the conference to explore and discuss the project and area. (I have also attended the same conference in 1998 of XXX in San Fran and travelled on the same multiple B1/B2 Visa).

- I booked my ticket Dubai - Memphis - to XXXX and landed at Memphis International (Port of Entry) , immigration officer asked me the purpose of my visit and I told her that I am here to attend a conference in Vegas and also explore a job opportunity. As I said that she asked me to go to room for further interviews , later she took my oath and asked all the questions which I have answered truthfully explaining the same. Later she told me to sign few papers and told me that she is going to cancel my B1/B2 visa and asked me to withdraw my application if I want to come back and work in US and cannot let me go to explore the opportunity and attend my conference as planned earlier.

- I went back and got my H1 Visa from US embassy in 4 days and came back joined the project and start working and worked for large Telecom companies for all these years and currently been employed and working for on a large project.
 
cooluswiz said:
- I went back and got my H1 Visa from US embassy in 4 days and came back joined the project and start working and worked for large Telecom companies for all these years and currently been employed and working for on a large project.
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I'm trying to understand what the 4 day time frame refers to. Surely you didn't go from missing a meeting to explore a job opportunity to an issued H-1B visa in just 4 days?

I would concur with what others have suggested: you probably need an attorney at this point. Perhaps there was some irregularity in 1999 but it is disappointing that they are raising this issue after all this time (and well outside the GMC window). Have you (or your attorney) been able to get a copy of the document that you signed? It may be that all she (the IO) wants to see is a copy of your passport showing a proper entry in H-1B status, and once that happens, you will be fine. But I think there is enough at stake that you want an attorney at this point.

Also both your subject and the first part of your question referred to traffic tickets. I'm not clear what role--if any--the traffic tickets play in your question. That part of the interview seems to have been quite routine and unrelated to the IO's concerns, unless I'm missing something.
 
It seems to me that you were asked if you had ever attempted to circumvent immigration laws. Questions D 16, 23, and 24 ask for honest answers. You were evasive and not forthcoming about something that would not by itself have prevented naturalization. Your answers to the questions at your N-400 interview are the thing now being held against you. Old lapses in judgment can be forgiven, fresh ones create new bars to naturalization.

Even in this anonymous forum you are showing your propensity to stretch the truth.

You want us to believe that there was no funny business if you were turned back at an airport and then were able to obtain an H1-B visa 4 days later. That just sounds too far fetched and SOMETHING is being omitted.

If your spouse naturalizes and you remain married, you may be able to re-apply before a full five years from the N-400 interview date based on marriage to a USC.
 
Explanations carry way less weight than a piece of paper you signed. Knowing that you signed a piece of paper when you were asked to leave the country, I am surprised you did not take advise before filing. It would have been impossible to get an H-1 visa in 4 days unless the petition was already approved and it was only a question of just getting the visa stamped. And even with H-1 normally you need to specify the work location, so if you went some other place rather than the planned work location, you can be expect to be questioned on that ... more so because they are already looking into your file in a lot of detail. You need to collate your facts right, and get the right lawyer advice / representation.
 
CalGreenCard said:
Perhaps there was some irregularity in 1999 but it is disappointing that they are raising this issue after all this time (and well outside the GMC window).
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As Big pointed out, it is not a question of what he did in 1999, but how he filled up the paperwork now. If he did not disclose the issues, it is a problem which started with his N400 filing and is going to go a few years in the future.
 
sanjoseaug20 said:
As Big pointed out, it is not a question of what he did in 1999, but how he filled up the paperwork now.
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I don't know what the form was that he signed in 1999, and that would be good to know. However it was my understanding that he was allowed to withdraw his application to enter the country. I thought that the point of being allowed to withdraw one's application is that it is then not formally recorded as an attempt to enter the country, so this kind of situation is avoided in the future. They usually allow one to do this when there is suspicion on CBP's (INS') part but no clear evidence of fraud--so they give someone the benefit of the doubt if they will withdraw their application. If they know for sure that there is fraud, then they will use a harsher tactic like expedited removal.
 
Let me make sure I do clarify few things :-

- I had my H1 issued in Dec-1998(with no proper project) when I came to US on B1/B2 visa to attend a conference in Vegas and at the same time a project of my liking came and I like to stop and I was upfront when asked at the airport in 1999 that what is my purpose of visit "That I came here to attend a conference and like to explore a job opportunity and discuss with prospective project team"

- When they did not let me enter the country at that time, I went back and endrosed already issued H1 on my passport and resigned from my job in Dubai and came here to work on this project. At the time of my application for H1 visa I did also mention that my old B1/B2 was canceled. H1 could not be issued in 4 days but I got it stamped on my passport so thr is no funny business

- As far as my honesty about traffic ticket, when officer asked me the question, before I say Yes or NO I ask for clarification if traffic tickets are included and once she said yes I did told her that I had traffic ticket and she ask me a proof of payment which I will be submitting.


- I have never try to or attempt to do play with immigrations laws and they issued me my H1 extenstion and later my green card and never this issue was raised . At this time also officers is only asking me to submit my old passport with B1/B2 visa cancelled and H1 was issued.

- Why I came back on H1 to work on the project , is when they cancelled my B1/B2 visa I was going to attend a conference from my bank and in Dubai they keep the passports at that time, if they have found my B1/B2 got cancelled and I had no way to explain them I could have lost my job so instead of taking any risk got my H1 stamped and came back. As you can see I have employment visa why do I have to work illegal on B1/B2 visa.

- I work on very large projects and teach in local college and always employed by large Telecom companies.
 
I already had H1 issued in Dec of 2008 and got it stamped after my return and joined the project. I was a consultant and my project was based in AL, the company was based in NJ. No question . I will be taking a help of lawyer. Thanks ..
 
You had H1 issued in Dec 1998, but attempted to enter on B1/B2 in 1999? What form did they make you sign in Memphis?

Do you still your old passport with H1 stamp and cancelled B1/B2?
 
Bobsmyth said:
You had H1 issued in Dec 1998, but attempted to enter on B1/B2 in 1999? What form did they make you sign in Memphis?

Do you still your old passport with H1 stamp and cancelled B1/B2?
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I'm guessing that the OP was working with an agency that got him an H1B but was keeping him "on the beach" (without pay) until it found a specific project/client to assign him to. I'm not sure if such arrangements are legal, but any fraud involved would have been the employer's fraud (not the OP's) since the I-129 is an employer petition. I do understand INS' reluctance to let him in as a B1/B2 in such circumstances. but I would think that the situation would now be salvageable with an attorney's help. I don't see any fraud by the OP, just sketchy behavior by an employer. I think employer behavior of this kind was probably scrutinized less carefully in 1999 than it might be today.

It does surprise me a bit that OP didn't bring the old passport to the interview, given that one is asked to bring all old passports and the OP surely remembered the glitch in 1999.
 
CalGreenCard said:
I don't see any fraud by the OP, just sketchy behavior by an employer. I think employer behavior of this kind was probably scrutinized less carefully in 1999 than it might be today.
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I would not go as far as calling it a fraud, but I think the OP has things to explain (to the interview people). He says "if they found my B1 visa canceled" ... I think the OP was trying to process an H1 with a company not his employer, otherwise why is he worried about employer knowing about the situation wherein the visa was canceled. While he was entering on B1 with employer A, he had an approved H1 with an employer B, was planning to visit them, and probably joined them after this issue. It can be hard to explain ... I realize that many people coming on B1/H1 are young people and may not understand the intricacies, or "the right thing to say" when asked by the CBP officer, but I do not think this was only employer.
 
The real point at issue now is what transpired at the N-400 interview.

What was asked and what was the response?

Have you ever been detained by an INS Officer? Why? What happened? Were you ever turned back when trying to enter the U.S.?

The 1999 incident was probably also discussed when either obtaining the Immigrant Visa or more likely in connection with an adjustment application. Those events were perhaps only around five years ago and not a full 12 since the actual airport incident. What happened then? Is the story changing over time? What is in the A-file that was in front of the N-400 Officer?
 
Issue

"The real point at issue now is what transpired at the N-400 interview.

What was asked and what was the response?

Have you ever been detained by an INS Officer? Why? What happened? Were you ever turned back when trying to enter the U.S.?

The 1999 incident was probably also discussed when either obtaining the Immigrant Visa or more likely in connection with an adjustment application. Those events were perhaps only around five years ago and not a full 12 since the actual airport incident. What happened then? Is the story changing over time? What is in the A-file that was in front of the N-400 Officer?"

She showed me the form that I signed admitting the fraud (Again it has some number no word fraud was written) and I did told her that is my signature and try to explain her that I have H1 Petition approved and had no intention to stay in US on B1/B2 visa but the officer on port of entry requested me to withdraw the application which I did and went back to Dubai got my H1 (Already approved petition) stamped on the passport and came back(At the time of taking my H1 visa I did mention in the visa form that my visa was cancelled, so I never lied and misrepresent myself). I have never got detained , after they cancelled my B1/B2 visa in 1999 gave me the hotel and told me to come back next day to fly back and I did as they have told me. I got my green card in 2006 and never asked this question again till now on N-400.

I did took a attorney even though the request for evidence only requested me to submit the passport with cancelled visa and citation tickets proof that I paid them. As per the attorney nothing they are asking will prove anything so it is advised that he does make sure that a clarification is provided specially if they have used the word fraud during the interview. I have provided him all the clarification and he is going to form the response back in 2 weeks (Last date of submission is 8th Oct). Attorney do not think any fraud was committed rather a total misunderstanding happen at that time in 1999 specially considering that I have H1 pet approved so why will I travel on b1/b2 visa to work and I have all the right to come here on b1/b2 visa and explore any project along with conducting any of my work. Hope it will work out.....it is too much of stress
 
cooluswiz, I am not sure I fully understand your situation back in 1999. You said that you came on B1/B2 to attend the conference and explore a job opportunity, but at the same time you had an approved H1 petition for a particular position. So, you wanted to explore a job opportunity that was different from the one that already had H1 petition approved for you? I see how an INS officer could be confused about your visa and the purpose of travel.
 
I had a H1 from a company who had the project and I came to check the same job, the confusion happen as I did brought the copy of my approved petition and the officers at the airport in 1999 were not listening rather creating confusion for no reason. The company who got my H1 was giving me projects but they were not aligned with my career goals, this particular project which later I joined through the same company on the same H1 issued in 1998. I had long flight and these officers were saying that they cannot let me go as I have used the word job. I worked on that project for over 2 years and completed a large network for a bank. It was one of the largest networking project in the country at that time. I have discussed the matter with my attorney in detail and the advise is that he is going to clarify it along with the request of evidence requested so they can understand that I am not here to work on b1/b2 visa as I already have a approved petion. The issue is that I did not came on any wrong document/visa which they try to put in my case and that is what has created issue during my N-400 application interview. I have worked on very large projects and currently handling a large project for state and worked for large Telcom companies. Hope it get cleared soon and I can live my life.
 
cooluswiz said:
I had a H1 from a company who had the project and I came to check the same job, the confusion happen as I did brought the copy of my approved petition and the officers at the airport in 1999 were not listening rather creating confusion for no reason. The company who got my H1 was giving me projects but they were not aligned with my career goals, this particular project which later I joined through the same company on the same H1 issued in 1998. I had long flight and these officers were saying that they cannot let me go as I have used the word job. I worked on that project for over 2 years and completed a large network for a bank. It was one of the largest networking project in the country at that time. I have discussed the matter with my attorney in detail and the advise is that he is going to clarify it along with the request of evidence requested so they can understand that I am not here to work on b1/b2 visa as I already have a approved petion. The issue is that I did not came on any wrong document/visa which they try to put in my case and that is what has created issue during my N-400 application interview. I have worked on very large projects and currently handling a large project for state and worked for large Telcom companies. Hope it get cleared soon and I can live my life.
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Having an approved H1B petition is not the same thing as having an H1B visa.

Rather having the H1B petition approved by USCIS (back in 1999 by INS) is the first step, after which you have to go to a U.S. consulate abroad and apply for an actual H1B visa stamp.
Without having been issued an H-1B visa stamp you cannot be admitted into the U.S. in an H1B status.

If during the episode you describe in 1999 you had an approved h1B petition but did not have an H1B visa stamp in your passport, and if you tried to enter the U.S. by showing the immigration officers at the airport only your approved H1B petition, they were correct to deny you entry.
 
cooluswiz said:
I had a H1 from a company who had the project and I came to check the same job, the confusion happen as I did brought the copy of my approved petition and the officers at the airport in 1999 were not listening rather creating confusion for no reason. The company who got my H1 was giving me projects but they were not aligned with my career goals, this particular project which later I joined through the same company on the same H1 issued in 1998. I had long flight and these officers were saying that they cannot let me go as I have used the word job. I worked on that project for over 2 years and completed a large network for a bank. It was one of the largest networking project in the country at that time. I have discussed the matter with my attorney in detail and the advise is that he is going to clarify it along with the request of evidence requested so they can understand that I am not here to work on b1/b2 visa as I already have a approved petion. The issue is that I did not came on any wrong document/visa which they try to put in my case and that is what has created issue during my N-400 application interview. I have worked on very large projects and currently handling a large project for state and worked for large Telcom companies. Hope it get cleared soon and I can live my life.
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If you confused the officers by being as unclear as you're being in this this thread, it's no wonder they and the citizenship interviewer gave you problems. You still haven't clarified to us what was the purpose of entering with the B1/B2 and how it related to your job.

You're not allowed to actually work with the B1/B2, so what did you intend to do if they admitted you? Did you only plan to have some meetings with your managers, and then return to the consulate a few days or weeks later to get your H1B stamped? Or did you plan to actually work on the project if they let you enter in B1/B2 status?
 
Clarification

The only thing I can tell u reading from the last two comments that you are not reading any info. above. I will repeat again

- I was attending a planned conference in Vegas in 1999 and traveling on my B1/b2 visa and no intention to work in US on that visa as I cannot work any employer and specially on a large critical project without proper paper work.

- I had a approved H1 visa and job offer for a project which I was not carrying with me, as I was coming to attend my conference (Which I have attended a year back in 1998 - San Fran) , I have decided to stop meet the customer and see the place , so that is how I landed in Memphis the project was in Alabama and I had flight from Memphis to AL . I also had flight , hotel and conference booking document.

- When I arrived the officer asked me why I am here in US and I told the clear reason that I am here to attend a conference and also to visit the customer in Alabama to explore a prospective job opportunity. When I said that and later she told me that I cannot let you go as you are using the word job. Further I have asked my attorney who has lot of experience told me that you can travel and make stop and even come for interview on b1/b2 visa so it is all that misunderstanding created by the officer in Memphis and asked me to sign papers and told me that if you withdraw your application for entry you will have no issues and you can come back to US as this is not deportation, so I agreed.

- So after they send me back next day (Stayed in a hotel) I went to US embassy in Dubai and very clearly answered the question in my H1-B visa application that I had a cancelled visa , the officer did not asked me anything and gave me H1-B visa and I came and joined the company and started my work. I got my GC in 2006 and never had any issue till now.

- Hope now you are cleared, further in response to a line that I was not clear with the officer at the airport, so let me tell you if you do 20 hr of flight , never had any trouble with law and badly like to use the restroom(which they did not let me use for over 4+ hrs) so I am sure I was in my senses --Jet lag - did not slept and you are put in that kind of situation you loose every sense . Anyway I know you guys are not lawyers buttill now nobody has provided any proper feedback rather brining issues which has no relevance to the case.


(This will be my last post on this topic till I get any answer from my attorney and immigration on my case)....My stand will be firm that I have not committed any mistake other then not explaining properly.
 
cooluswiz said:
Anyway I know you guys are not lawyers buttill now nobody has provided any proper feedback rather brining issues which has no relevance to the case.


(This will be my last post on this topic till I get any answer from my attorney and immigration on my case)....My stand will be firm that I have not committed any mistake other then not explaining properly.
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I think you've been given good advice on this forum.

The phrase "exploring a job opportunity" suggests a very early stage discussion. It conveys a discussion that hasn't even really gotten to the point of a formal interview.

In situations similar as yours (back in 1999) I've heard attorneys suggest that people say they are coming to "look for an apartment". This conveys the idea of a temporary trip that precedes a more long term move to start a new job.

Your attorney in 1999 was correct in saying you can legally come (on B1/B2) for a job interview. But you weren't coming for an interview. An interview is something that comes before an offer. An approved H-1B petition is something that comes after an offer.

I do think your situation is salvageable, but I hope your attorney (now in 2011) explains things properly to USCIS the first time. It seems to have taken multiple explanations, in this thread, to tease out your true situation--and you aren't necessarily going to get multiple further chances to explain to USCIS at this point.
 
cooluswiz said:
(This will be my last post on this topic till I get any answer from my attorney and immigration on my case)....My stand will be firm that I have not committed any mistake other then not explaining properly.
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Best of luck to you. However, it seems you are also equally unwilling to understand other perspectives.

Point # 1 is not what happened in 1999, but what happened in 2011. Whatever happened in 1999 should have been declared openly and defended, there is ambiguity in terms of how much was declared. That was Big Joe's point. That's your current problem.

Point #2 is not whether you were entering for a conference or not. What matters is how the officers saw the situation. You had an approved H1. Did they know about it? Not sure. Did you really use the phrase "exploring a job opportunity" when you yourself claim you were tired and jet-lagged and what not? Remember 1999 was if not the peak but close to the peak of the dot com boom. There were tonnes of people entering US on 1 visa and switching to a different one later. There were people entering on one client's name and joining another client because the employers had no time to get the paperwork switched in time. Or they did not care. And it has no relevance to immigration that you are a Noble prize calibre network scientist, what they are looking at is a young person trying to enter US on a visitor visa who is likely to switch to a different visa when inside the country. By logic and law, they can't allow it as there is a difference between non-immigrant visas and dual-intent visas.

Point #3 is not what you believe happened, but what you signed on that piece of paper.

I am sure a lawyer will be able to salvage the situation. However, the starting point in such situations is to look at your case from the other parties perspective and then defend what you find are likely to be the weak points. Selling your strong points may not cut it given that you did join the employer a few days later. How will you ever prove to me that your intent was different on day 1 (airport) as compared to day 8 (when you filled out I-9). I contend that's what you were trying to do anyways ... if you can acknowledge that your interviewing officer has the same opinion as me ... you can probably drive your lawyer better in terms of defense strategies. Best of luck.
 
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