Omitted to mention DUI in N-400

W

WillbeUSC

New Member
Dear All,
I omitted to mention a DUI I had 7 years prior to filing date of my N-400. The reason is I was told by court and clerk who handeled my DUI that if I took a series of 10 classes, the record will be sealed and expunged. I was specifically told that If I took these classed I can answer "No" to questions asking if I had any criminal record. I beleived the bastards and did not mention it on N-400. Of course USCIS found out and sent me a letter asking to bring record of the DUI at my interview. I took the record to the interview and apologized to the interviewer for not mentioning it. He said don't worry about it, I just need the paper for the record. He gave me the english and history tests, which I passed successfully. Like many in this forum, the officer couldn't give me an oath date because by background/name check was pending. That was 2 years ago...........
Question:
Now, I want to sue (1447b). Can I? What if USCIS plays dirty and deny because I didn't mention DUI in the application. Though, he could have denied right away at the interview or just after.
I just want to mention that my wife filed and was interviwed about same time. She doesn't have any criminal record whatsoever. She also has been waiting for 2 years after interview.
What should I do?
Thanks for your help.
Regards
 
Don't quote me on this now but I read that they send you a Letter when they deny your application. I don't think they tell you right then and there but like I said please don't quote me on that.
Also have you tried making an Infopass Appointment or called the 1-800 # ?
 
You can only sue after 120 days have past since your interview. They would not deny you because you didn't mentioned the DUI on the initial application. The important thing is that you brought it to interview. The application is not final until you sign it at the interview. The delay in making a decision in your case has nothing to do with your DUI.

Be patient. If you haven't heard from them in 120 days, sue them.


Cheers,

Newly
 
WillbeUSC said:
Dear All,
I omitted to mention a DUI I had 7 years prior to filing date of my N-400. The reason is I was told by court and clerk who handeled my DUI that if I took a series of 10 classes, the record will be sealed and expunged. I was specifically told that If I took these classed I can answer "No" to questions asking if I had any criminal record. I beleived the bastards and did not mention it on N-400. Of course USCIS found out and sent me a letter asking to bring record of the DUI at my interview. I took the record to the interview and apologized to the interviewer for not mentioning it. He said don't worry about it, I just need the paper for the record. He gave me the english and history tests, which I passed successfully. Like many in this forum, the officer couldn't give me an oath date because by background/name check was pending. That was 2 years ago...........
Question:
Now, I want to sue (1447b). Can I? What if USCIS plays dirty and deny because I didn't mention DUI in the application. Though, he could have denied right away at the interview or just after.
I just want to mention that my wife filed and was interviwed about same time. She doesn't have any criminal record whatsoever. She also has been waiting for 2 years after interview.
What should I do?
Thanks for your help.
Regards
Click to expand...

I don't think a judge would let them deny you becuse of a DUI you had 7 years prior to filing your application. You can also say that you didn't deny it since you brought the record to the interview.
Good luck
 
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