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

[Jackolantern]

My stand will be firm that I have not committed any mistake other then not explaining properly.

I agree that you did nothing wrong except fail to explain yourself properly to the officer at the POE (and also perhaps the naturalization interviewer). But that still is a big mistake that invites big trouble. When you are unclear with USCIS or CBP, they fill in the blanks with their own suspicious interpretation.

You should have said you came to attend a conference and meet with a client, instead of "pursue a job opportunity" which could lead them to believe that you're looking for a job and possibly would stay and start working if you get the job. But you already had a job offer and an approved H1B petition for it, so "pursue a job opportunity" wasn't an accurate description. And it is acceptable to meet with clients when on a B1 visa, so you should have said that.

I have to say that it was surprising to see the IO bring up this issue 12 years later, after you got your H1B and green card without the issue being raised during all these years. Do you have a copy of whatever you signed in 1999? Or did you get to read it in the interview?

 

[sanjoseaug20]

These are the relevant questions, as pointed by Joe

23. Have you ever given false or misleading information to any U.S. government official while applying for any immigration benefit or to prevent deportation, exclusion, or removal?
24. Have you ever lied to a U.S. government official to gain entry or admission to the United States?

The question is not what happened in 1999. The question is how this was disclosed (or not) in 2011. Of course we can not read the interviewing officer's mind, but if I take the extreme position, I would contend that even if the departure was voluntary, that i.e., not deportation (Q23) and even if the applicant did not lie (Q24), these should be discussed upfront. The second point is what the response was (argument, discussion, acknowledgement) when the officer challenged the applicant. Irrespective of the reality and the honesty of the situation, the proof of burden shifts to the applicant just a bit, does not it?

 

[BigJoe5]

It's a matter of poor assimilation into American culture

OP continues to argue about irrelevant crap and fails to grasp the actual issue involved in the case.

This is a classic case of someone failing to embrace American culture.

OP displays a continuing desire to address USCIS as if it were an agency within his home country's government.

You cannot achieve success by arguing to the point that USCIS will give you what you want just to make you go away as can be the case with your home country's government.

http://www.bakersfield.com/opinion/...tizenship-is-based-on-principles-not-heritage

Please post the end result in the case.

 

[kidurpalkan]

To OP: You should hire an immigration attorney in good standing. It seems that you have difficulty explaining yourself and you may need to bring all your documents (entry, exit, visas, denials, copies of forms signed etc. )and explanatory letters to a practicing attorney who may be better fit to assist you with your inquiry.

I suggest you to seek professional legal advise where you should.

Good luck.

 

[cooluswiz]

Thanks

I did read all the treads and got a good attorney who has gone through all the information including the afdvt which I have signed in 1999 and his conclusion is that thr is nothing in this case which suggest you committed any fraud as you withdrew your application(Which is proper step and is one right)and then got your H1 visa stamped, further whatever happened in 1999 whether it was wrong did not have any bearing at this time as I lived here for 12 years with no issues and(GMC) and was admitted in the country and further they issued a GC and multiple H1 before GC. Again whether I can explain you are not and whether you need to blv me or that will not make any difference it the officer in charge who need to be convinced and explained. Again they did not request anything from me other them my old passport with B1/B2 cancelled which I did not had during my interview. I hope things work out will update you after the results....I believe in this country and the laws to protect everybody. Hope my love for America will prevail and I can do my Oath with my family(Who are currently waiting for Oath dates).