Naturalization Denied on ground of moral turpitude

Pune

New Member
All,

My uncle filed for naturalization since 1998 in Houston Tx and was finally called for interview in 2001. He made series of mistakes on his application because he filed it without a lawyer, such as putting his nephew as his biological child because he was supporting him back home and some discripancies on his tax form for using his ex-wife's address after divorce on the tax form. This to me was trival. All these together with his original illegal entry to the US which he filed a waiver before he was granted GC. After that, he had couple of issues with the law about disobeying police officers twice during routine traffic stop. To cut the long story short, his application was denial on the ground of moral "turpitude" -- bad character. This means he is not trusted to be bestowed with Citizenship.

He was interviewed 2001. Denial letter was sent to him in 2002 after he could not provide requested evidence. The denial letter was returned to immigration because he has relocated. They send subsequent registered mail to his new address in 2003, which he apparently received.

The crux of the matter is: he is now trying to file another N-400 application this time with a lawyer, but was told that he has to wait for five years before filing.

1) Does filing another application after 5 years forgives his mistakes or override previous application?

2) We know that any mistake in America follows you for the rest of your live as long as you live in USA. Who knows if he will be denied again based on the previous evidence he could not provide and his mistakes?

3) So when does the five years started counting since he was denied in 2001 and letter sent to him in 2002, but he never received it until 2003.

Your thoughts!!

Pune
 
i dont know what to say,your lawyer knows best.
Houston d.o is the coolest in u.s.a and if a applicant messed up a case over there...there is no chance for him @ other d.o's.
but looks like u r uncle is prone to problem's..2 times not obeying cops in a traffic stop is not a joke.....
Hope your uncle has been a better person.
One good thing is uscis cares about your previous 5 yrs from time of application[i,e if he applied today its going to be 05/06-5yrs which is 05/01],unless it was a major offence from his past.like we all know a major offence is a immeadiate deportation.so i am assuming ur uncle got into minor trouble.

your lawyer knows best buddy.btw i am a houstonian too,who is your lawyer?

Pune said:
All,

My uncle filed for naturalization since 1998 in Houston Tx and was finally called for interview in 2001. He made series of mistakes on his application because he filed it without a lawyer, such as putting his nephew as his biological child because he was supporting him back home and some discripancies on his tax form for using his ex-wife's address after divorce on the tax form. This to me was trival. All these together with his original illegal entry to the US which he filed a waiver before he was granted GC. After that, he had couple of issues with the law about disobeying police officers twice during routine traffic stop. To cut the long story short, his application was denial on the ground of moral "turpitude" -- bad character. This means he is not trusted to be bestowed with Citizenship.

He was interviewed 2001. Denial letter was sent to him in 2002 after he could not provide requested evidence. The denial letter was returned to immigration because he has relocated. They send subsequent registered mail to his new address in 2003, which he apparently received.

The crux of the matter is: he is now trying to file another N-400 application this time with a lawyer, but was told that he has to wait for five years before filing.

1) Does filing another application after 5 years forgives his mistakes or override previous application?

2) We know that any mistake in America follows you for the rest of your live as long as you live in USA. Who knows if he will be denied again based on the previous evidence he could not provide and his mistakes?

3) So when does the five years started counting since he was denied in 2001 and letter sent to him in 2002, but he never received it until 2003.

Your thoughts!!

Pune
 
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Oh! I forgot to inform that my uncle is no longer living in Houston. He is now in Virginia. He is wondering since he received his notice of denial letter in 2003, that means it will be 2008 before he reapply. As his denial notice letter is dated 2003, the dated 2002 returned mail crossed out replaced with 2003 date.

I know my uncle to be a nice fellow. He's nice but I guess was being stuborn because of the way the officers approach him. You know how officer treat someone with accent.
 
Unfortunatelly, it does seem that your uncle made a series of poor decisions and took citizenship application lightly. He might be a nice guy, but not calm headed.

That costs...

Based on the facts that you presented, it seems that USCIS made a reasonable decision. I have to tell you that I know ppl with far less problems than your uncle who did not have an easy ride....

I do not think that times matter here. What matters is that your uncle can prove that he learned his lessons, that he is "clean", that his "character" improved, there is a strong evidence that will change nature of his case, etc.

I agree with Query........only (good) lawyers can help here.

You (or your uncle) will need to arm yourself with patience and money for laywers.

Good luck!

p.s. : This is my 2c. Please use at your own risk. I am not lawyer and this is not legal advice. I am also not an expert, but just ordinary guy.
 
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