RECEIVED DENIAL LETTER - help explain please

A

andrea4prez

Registered Users (C)
I finally received my denial letter that was supposed to be mailed last November 21, 2008. The reason I didn’t receive my denial letter last year was they didn’t send it to my correct address, with the apt # on it. I already filed for another N400 last 02/27/09. I got scared and confused with the reason for my denial, can somebody help me please?

Here's the exact letter:

Reference is made to the application for naturalization (N-400) which you filed at this office on February 11, 2007, pursuant to section 316(a) of the Immigration and Nationality Act, as amended.
Title 8, Code of Federal Regulations, Sec. 335.7 statesm in pertinent part:
"An applicant for naturalization as provided in Sec. 335.7 shall be considered as failing to prosecute such application if she , without good cause being shown, either failed to excuse an absence from a subsequently required appearance, or fails to provide within a reasonable period of time such documents, information, or testimony deemed by the Service to be necessary to establish his or her eligibility for naturalization"
At your interview conducted on October 15, 2008, you did not provide the Service with proof of physical presence in the United States. In order for the Service to render a decision on your eligibility for naturalization, you were given the opportunity to provide those documents before November 15, 2008. You failed to provide the Service with sufficient evidence that the officer requested.
You claimed eligibility pursuant to Section 316(a) of the Immmigration and Nationality Act (INA). Section 316(a)(3) of the INA states that no person can be naturalized unless during the 5 years preceding the filing of the application, the applicant has been a person of good moral character.
Upon review of the record, it has been determined that you have failed to meet your burden of demonstrating that you are a person of good moral character. You are not eligible for naturalization under any other provisions of the INA. Your Application for Naturalization is hereby DENIED pursuant to Section 316(a)(3) due to lack a lack of good moral character.
 
andrea4prez said:
I finally received my denial letter that was supposed to be mailed last November 21, 2008. The reason I didn’t receive my denial letter last year was they didn’t send it to my correct address, with the apt # on it. I already filed for another N400 last 02/27/09. I got scared and confused with the reason for my denial, can somebody help me please?

Here's the exact letter:

Reference is made to the application for naturalization (N-400) which you filed at this office on February 11, 2007, pursuant to section 316(a) of the Immigration and Nationality Act, as amended.
Title 8, Code of Federal Regulations, Sec. 335.7 statesm in pertinent part:
"An applicant for naturalization as provided in Sec. 335.7 shall be considered as failing to prosecute such application if she , without good cause being shown, either failed to excuse an absence from a subsequently required appearance, or fails to provide within a reasonable period of time such documents, information, or testimony deemed by the Service to be necessary to establish his or her eligibility for naturalization"
At your interview conducted on October 15, 2008, you did not provide the Service with proof of physical presence in the United States. In order for the Service to render a decision on your eligibility for naturalization, you were given the opportunity to provide those documents before November 15, 2008. You failed to provide the Service with sufficient evidence that the officer requested.
You claimed eligibility pursuant to Section 316(a) of the Immmigration and Nationality Act (INA). Section 316(a)(3) of the INA states that no person can be naturalized unless during the 5 years preceding the filing of the application, the applicant has been a person of good moral character.
Upon review of the record, it has been determined that you have failed to meet your burden of demonstrating that you are a person of good moral character. You are not eligible for naturalization under any other provisions of the INA. Your Application for Naturalization is hereby DENIED pursuant to Section 316(a)(3) due to lack a lack of good moral character.
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would you please provide your travel dates?
Thanks
 
The denial was based on lacking good moral character for not providing the required evidence of physical presence in the last 5 years.

The ironic thing is that you did meet the physical presence requirement (30 months) during the last 5 years,but that your time studying in the Philippines presumed a break in continuous residence. Did the IO ask you for evidence of physical presence requirement at the interview?
 
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Bobsmyth said:
The denial was based on lacking good moral character for not providing the required evidence of physical presence in the last 5 years.
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Which is ridiculous if that's what they meant. There must be something more to it, like failing to disclose a trip on the N-400 and USCIS found out about it when checking their system.
 
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Jackolantern said:
Which is ridiculous if that's what they meant. There must be something more to it, like failing to disclose a trip that USCIS discovered in their records after the interview.
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Maybe they use a template letter and forgot to change all relevant words
 
It's not the first time I've come across a flawed USCIS denial letter. The OP did meet the physical presence requirement based on previous posts, yet USCIS somehow wasn't convinced on her physical presence in US since return in 2004.
 
I called uscis and asked about the decision, they told me good moral character because i did not give them the sufficient requirements that they asked for....i just find it confusing because they did not mention anything about trips...the IO checked my passport page by page...everything was there....

Jackolantern said:
Which is ridiculous if that's what they meant. There must be something more to it, like failing to disclose a trip on the N-400 and USCIS found out about it when checking their system.
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they said i need to prove that i have intent to return to california when i was in the philippines for school.....

Bobsmyth said:
It's not the first time I've come across a flawed USCIS denial letter. The OP did meet the physical presence requirement based on previous posts, yet USCIS somehow wasn't convinced on her physical presence in US since return in 2004.
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the first part of the letter contradicts the last part i think...im confused becuase first part explains that i did not submit enough papers but then last part they mentioned the good moral character part that threw me off...

WBH said:
Maybe they use a template letter and forgot to change all relevant words
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andrea4prez said:
they said i need to prove that i have intent to return to california when i was in the philippines for school.....
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Get a lawyer, who has his office close to the DO's office, and appeal the results. I mean it, bcos I saw some lawyers yesterday sailing their clients smoothly with very complex issues. Some of them, were like buddies with the DO's there. I gained lot of insight talking to several folks, while waiting yesterday. Now I am not stating that they were doing something illegal, but given the fact that they know the law and the DO, makes it easier for them to be heard !
 
It is nonsense for the failure to produce some travel or residential evidence to be a "moral character" issue. This is not a trial where you have been subpoenaed for evidence and are refusing to provide it. They can deny the case for insufficient documentation without making a moral character issue out of it.

However, failing to list a trip on the N-400 could legitimately be a moral character issue, so you need to double-check what you listed to ensure you haven't left out anything and haven't provided any significantly inaccurate dates.

You may need to appeal or get a lawyer for your reapplication. If that "lack of moral character" finding remains, they probably will not approve you for 5 years.
 
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Jackolantern said:
It is nonsense for the failure to produce some travel or residential evidence to be a "moral character" issue. This is not a trial where you have been subpoenaed for evidence and are refusing to provide it. They can deny the case for insufficient documentation without making a moral character issue out of it.

However, failing to list a trip on the N-400 could legitimately be a moral character issue, so you need to double-check what you listed to ensure you haven't left out anything and haven't provided any significantly inaccurate dates.

You may need to appeal or get a lawyer for your reapplication. If that "lack of moral character" finding remains, they probably will not approve you for 5 years.
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I have seen folks forgetting to mention their trips before and then correcting it in front of the DO. No harm done. This DO was probably a tight a** m****f&*. Hate such guys.
 
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sai-2367 said:
I have seen folks forgetting to mention their trips before and then correcting it in front of the DO. No harm done.
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Yes, many people change various things at the interview. Every day they interview people who forgot something when the N-400 was initially submitted, and they allow them to correct it at the interview without penalizing them (except for possible post-interview delays to investigate the new/altered information).

But going through the interview and still failing to update them about an overseas trip (especially if it is a long one) can bring a legitimate finding of poor moral character.
 
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it can't be an overseas trip because, i only have 4 trips outside usa and its very clearly stated on application and DO checked every page of my passport..she took time to check that part... i listed everything and after the interview the DO gave me a piece of paper that said i passed interview however, i need to submit paperwork to prove residency in us for the years 2002-2008...never does the good moral character mentioned...the DO even told me if you can submit, we will approve your petition.......

Jackolantern said:
Yes, many people change various things at the interview. Every day they interview people who forgot something when the N-400 was initially submitted, and they allow them to correct it at the interview without penalizing them (except for possible post-interview delays to investigate the new/altered information).

But going through the interview and still failing to update them about an overseas trip (especially if it is a long one) can bring a legitimate finding of poor moral character.
Click to expand...
 
sai-2367 said:
Get a lawyer, who has his office close to the DO's office, and appeal the results. I mean it, bcos I saw some lawyers yesterday sailing their clients smoothly with very complex issues. Some of them, were like buddies with the DO's there. I gained lot of insight talking to several folks, while waiting yesterday. Now I am not stating that they were doing something illegal, but given the fact that they know the law and the DO, makes it easier for them to be heard !
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The OP already re-applied for naturalization since the denial.
 
yes, she gave me a paper that on the front it said i passed the civics test but i need to provide some more information and look at the back...at the back the IO checked the box that said need to submit proof of residency in usa and then she handwritten the year- 2002,2003,2004,2005,2006,2007,2008
Bobsmyth said:
Did you get a letter indicating what additional evidence they needed or was it something verbal the IO wanted?
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andrea4prez said:
bob,
im scared now about my reapplication because of the denial letter with the good moral character thing at the end of the letter....
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As I said, find a lawyer who has his office next to the DO's office and you will be okay. He can guide you thru this process .
 
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