Not disclosing till the interview..pls.help!

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dell27

Registered Users (C)
Hi,,same scenario happened to me when i was on my adjustment of status period just 5 days before FP,got arrested of DV was held for 24 hrs and didnt even see the court and was release and case was dropped..got the green card after a few months.were not able to disclose the arrest because application was already filed..i do have an attorney at the time of this adjustment stages..

now,after citizenship interview,was so dumb and stupid not to disclose it on application because of my mother advice saying i dont have any records..so we checked NO..after the interview IO gave me n42 form saying missing evidences from my arrest ..went to court records and police records but couldnt provide me a records for both and instead gave me a certified documents saying NO records found..submitted it after 2 days from interview and still waiting for the reply from USCIS..im so worried that my application will be denied and maybe i might hire an attorney once again later on..like worryworm..same feelin im experiencing right now..every hr. every day especially when im browsing around here in the forum..

what do you guys think of my case?happened aug 2003 which is out of statutory period..now i was leaning over or thinking about making a pleading letter regarding about not disclosing it..IO was so kind and nice and only asked me what really happened,told him i was the one who called 911 and was the victim but still police took me instead of my girlfriend..

its been 2 weeks now and so worried what's goin to happen with my application..should i hire back my attorney as early as possible or wait first for their decision? guys pls help me here
 
dell27 said:
anyone? pls share your advices and opinions..need help!:eek::confused:
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Hi There.
I don't really have any helpful advice. The only thing I would say is if I were in your position I would just try and wait and see what happens. Nothing you have mentioned leads me to believe you are going to be denied yet. If you do receive a denial then you have something to work on. I would say at this point don't add any more fuel to the fire. Just my opinion.
I am very much like you in the fact I hate to just sit and wait, but I think you have done all you can at this point. It's down to them now. Good luck.
 
The incident itself does not make you ineligible for naturalization since you were not convicted, but not disclosing it may be seen as lying to an immigration official. If they arrested you and detained you, chances are they fingerprinted you and you have an arrest record with the FBI that will come up during background check. At this point you should be prepared for a denial, unless you were never formally arrested and fingerprinted.
 
Bobsmyth said:
The incident itself does not make you ineligible for naturalization since you were not convicted, but not disclosing it may be seen as lying to an immigration official. If they arrested you and detained you, chances are they fingerprinted you and you have an arrest record with the FBI that will come up during background check. At this point you should be prepared for a denial, unless you were never formally arrested and fingerprinted.
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So pretty much i will be denied? though they asked me to submit the missing evidences?then why do they still need the evidences if they're goin to deny my application?

yes, i was arrested and fingerprinted..so umm, the IO should have deny my application on the interview on the spot? he asked me what really happened and why i did'nt disclose it and i think he was jotting down my reason and after that he proceeded on for civic and writing exam..but thanks for the input Bob..im still hoping they would reconsider my application..up until now im still thinking if i need a lawyer but maybe i need to wait and if i get denied then maybe i would hire an attorney..im really worrried now, man..
 
NoInterviewDate said:
Hi There.
I don't really have any helpful advice. The only thing I would say is if I were in your position I would just try and wait and see what happens. Nothing you have mentioned leads me to believe you are going to be denied yet. If you do receive a denial then you have something to work on. I would say at this point don't add any more fuel to the fire. Just my opinion.
I am very much like you in the fact I hate to just sit and wait, but I think you have done all you can at this point. It's down to them now. Good luck.
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Thanks,NoInterviewDate..
 
dell27,

Once USCIS denies your original N-400 application, your only option will be to re-appeal the decision. The re-appeal has cost associated to it and also it will take a lot of time (many months.. upto a year) to hear your appeal. Since the USCIS denial letter will show specific reason for the refusal and if the reason is lying under oath, there will be a very low chance of winning the appeal.

Try to find a very experienced and effective attorney who has good relationship with the local DO to check if anything can be done before USCIS sends the denial letter.

The IOs will complete the full procedure of the interview (like going through the application, asking for photographs, civil and English test) even though they know for sure the application will be denied.

Good Luck to you.
 
dv02 said:
dell27,

Once USCIS denies your original N-400 application, your only option will be to re-appeal the decision. The re-appeal has cost associated to it and also it will take a lot of time (many months.. upto a year) to hear your appeal. Since the USCIS denial letter will show specific reason for the refusal and if the reason is lying under oath, there will be a very low chance of winning the appeal.

Try to find a very experienced and effective attorney who has good relationship with the local DO to check if anything can be done before USCIS sends the denial letter.

The IOs will complete the full procedure of the interview (like going through the application, asking for photographs, civil and English test) even though they know for sure the application will be denied.

Good Luck to you.
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Thanks again for all the input..i do have an appointment now with my former lawyer..i gotta work on this before its too late..i appreciated..
 
dell27 said:
So pretty much i will be denied? though they asked me to submit the missing evidences?then why do they still need the evidences if they're goin to deny my application?

yes, i was arrested and fingerprinted..so umm, the IO should have deny my application on the interview on the spot? he asked me what really happened and why i did'nt disclose it and i think he was jotting down my reason and after that he proceeded on for civic and writing exam..but thanks for the input Bob..im still hoping they would reconsider my application..up until now im still thinking if i need a lawyer but maybe i need to wait and if i get denied then maybe i would hire an attorney..im really worrried now, man..
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My answer was based on the impression that you never disclosed the incident during the interview. Rereading your post, I know realize you did disclose the conviction at interview and have since sent in the required documents. I don't think you have anything to worry about as the incident is outside statutory period and does not preclude you from demonstrating GMC.
 
Bobsmyth said:
My answer was based on the impression that you never disclosed the incident during the interview. Rereading your post, I know realize you did disclose the conviction at interview and have since sent in the required documents. I don't think you have anything to worry about as the incident is outside statutory period and does not preclude you from demonstrating GMC.
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Thanks, Bob..just consulted again my former lawyer and he advices me not to rock the boat anymore. already sent the documents they requested and got confirmed they recieved it.

my lawyer told me lets wait for the outcome first and we'll start from there,coz he said there's a chance that i would get approved..instead of hiring him again and not knowing what's the outcome first and save me money..so hopefully and prayfully i'll get approved soon..ill keep you guys posted..
 
Although I didn't know for sure, my instinct was to do just that..wait and don't rock the boat. So, I am happy my first bit of advice worked out to be correct. Good luck.
:)
PS your lawyer sounds like a deceny guy. He could have been making money as a retainer but said he wasn't needed. I am impressed. Or maybe I am just cynical about lawyers!! :eek:
 
dell27,

Since you did disclose the incident in your interview and now you have sent the certified documents for all the DV charges were dropped, there is a very high probability of getting the citizenship.


Good Luck to you.
 
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dv02 said:
dell27,

Since you did disclose the incident in your interview and now you have sent the certified documents for all the DV charges were dropped, there is a very high probability of getting the citizenship.


Good Luck to you.
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Hope so..thanks again for all the input..im trying to be positive as much as i can! when do you guys think they will sent me the result? man! im really nervous! ill keep you guys posted!
 
dell27,

USCIS is usually very prompt in sending denial letters. The approval letters might take long but not denial letters. So 2-3 weeks after the interview letter are very critical. if the denial letter doesn't come in 2-3 weeks after the certified documents reached USCIS, u should be in good shape. I know that these 2-3 weeks will be like forever, but I feel that you have high chances of getting the approval letter and following oath letter.

Hold tight and wish for the best.

Good Luck to you.


dell27 said:
Hope so..thanks again for all the input..im trying to be positive as much as i can! when do you guys think they will sent me the result? man! im really nervous! ill keep you guys posted!
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Dell be positive bro. I did get the birth certificate for my son too but my name was not on there so I called and they said they are processing it then I need to apply again and get a new copy like wednesday next week and so I can submit what the Officer asked me and I will keep my mouth shut and wait.
Meanwhile I am gonna keep myself busy in class and research and wait at the University. Hopefully he gets some sense and understand that some people need a break...
 
nelsonyiga said:
Dell be positive bro. I did get the birth certificate for my son too but my name was not on there so I called and they said they are processing it then I need to apply again and get a new copy like wednesday next week and so I can submit what the Officer asked me and I will keep my mouth shut and wait.
Meanwhile I am gonna keep myself busy in class and research and wait at the University. Hopefully he gets some sense and understand that some people need a break...
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Hey Nelson,

was callin you yesterday..but it was wrong number..anyway, like my lawyer told me "dont rock the boat",let them work on your case and be patient..which im trying to do right now..

ill try to call you again later..
 
I did send you my number. I guess that's what we have to do. I am not pushing too.
I will send their stuff as soon as I get the birth certificate with my name on it and send it in and wait. But I know they have nothing else to ask me. Everything is almost with them.
Anyway, I am at the University doing my research.
 
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