RECEIVED DENIAL LETTER - help explain please

What I don't get is why they didn't deny the application based on 8 CFR 335.7 alone, which would have been acceptable. Why the need to add the GMC clause? IMO, a flawed denial based on the evidence presented.
 
andrea4prez said:
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
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Did you fail to provide any information outright by the November 15th deadline?
 
Bobsmyth said:
What I don't get is why they didn't deny the application based on 8 CFR 335.7 alone, which would have been acceptable. Why the need to add the GMC clause? IMO, a flawed denial based on the evidence presented.
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Very flawed, I agree. Maybe it was a data entry error, with somebody clicking the wrong checkbox for the denial reasons ... but as long as the finding of lack of good moral character remains in the system, it's likely to be a barrier to approval for the next 5 years. The OP will need a lawyer to help convince the next IO (for the reapplication which was recently submitted) that the prior finding of lacking moral character was flawed.
 
andrea4prez said:
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
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and you submitted what they asked you for right? also did they get the papers you submitted?? ( I ask this because somewhere in the letter you typed it says "failure to submit requested etc etc etc"

I wonder if making an infopass would help, take your denial letter and question them first if they received the proof/paperwork you sent,, then if the clause of GMC could/would be reason to get a second denial.

and I also agree a meeting with a good lawyer could help you sort this mess out.

I am so sorry you are dealing with this :(
 
its too late to get a lawyer on the original application because i reapplied....then im only scheduled for fingerprinting tomorrow...maybe after the interview if there will be a problem im gonna get a lawyer....because the lawyer who advised me got me in this mess the first time...hehehe

sai-2367 said:
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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As rightly suggested by sai-2367 , get a lawyer who is local and has good amount of work with this DO . He will guide you and if need be, file an appeal to this denail letter. I believe you should not accept this denial as it is based on finding that you are a person of bad moral charachter . If you do not sort out through a lawyer , or do not appeal, it would mean you are accepting the reason for denial , and therefore you are admitting as being person of " not good moral charachter " . Such admission will result in denial of your ( OP 's ) newly filed N-400.
I have seen local lawyers with many cases of various nature in a local DO have high level of informal repo which comes in handy to a client's case to solve minor discripency in an informal way , without offedning the IO.
 
You may very well proceed with your fingerprinting.
But it is still not late to get a lawyer . They will manage to get delay condoned etc. You leave those things to them. The lawyer might only get the denial letter corrected and get it ammended to remove the grounds of " Not good moral Charechter " but it may still give the final verdict of "denial " but based on failure to submit the evidence demanded. Even this would be a somthng for you to feel happy.
Then your new N-400 will sail through easily.
 
Radni said:
As rightly suggested by sai-2367 , get a lawyer who is local and has good amount of work with this DO . He will guide you and if need be, file an appeal to this denail letter.
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Jackolantern said:
You may need to appeal ...
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sai-2367 said:
Get a lawyer, who has his office close to the DO's office, and appeal the results.
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You can only submit an USCIS appeal within 30 days of the denial. To change the wording of the denial at this point would require a Federal suit.
 
Bobsmyth said:
If the finding of lack or moral character was made incorrectly, then I don't see why they wouldn't approve you if you immediately reapply.
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As long as that finding remains in the system, the next IO seeing it will presume it was correct. It's not going to be an easy task to convince them to second-guess the prior IO and research the case to see that it really was flawed. At a minimum, the OP will need a lawyer at the interview to add more weight behind the request to review the prior case.
 
The way I see it, continue with your current application. If the IO asks you about the previous good moral character denial, the denial letter and your proof of submission to the previously requested evidence of residence should be sufficient to show that the wording of the denial was flawed.
 
also technically they sent the denial letter on a wrong address....

Bobsmyth said:
The way I see it, continue with your current application. If the IO asks you about the previous good moral character denial, the denial letter and your proof of submission to the previously requested evidence of residence should be sufficient to show that the wording of the denial was flawed.
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Bobsmyth said:
The way I see it, continue with your current application. If the IO asks you about the previous good moral character denial, the denial letter and your proof of submission to the previously requested evidence of residence should be sufficient to show that the wording of the denial was flawed.
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The IO might not say anything about it at the interview. Then they go ahead and deny the case later, after noticing the prior moral character denial post-interview.

But at least if that happens there would be the opportunity to appeal within the 30 days and convince them that the moral character aspect of the prior denial was flawed.

Still, I think it is important to proactively file something protesting the moral character issue before the interview, just to avoid having them say that failing to protest it means the finding was accepted by the OP.
 
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Jackolantern said:
As long as that finding remains in the system, the next IO seeing it will presume it was correct. It's not going to be an easy task to convince them to second-guess the prior IO and research the case to see that it really was flawed. At a minimum, the OP will need a lawyer at the interview to add more weight behind the request to review the prior case.
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Having the IO read the denial letter would make it pretty self explanatory that the denial wording is flawed. Every new application is based on its own merits with all the facts freshly looked at. A previous denial based on lacking GMC is not an automatic ban to reapply for at least 5 years.
 
i cant believe im in this position!!!!! if you read the denial letter...first part is understandable but the last part when they threw in the GMC,,, that confused everything! the uscis person i talk to awhile ago did not mention anything about the gmc...he just said, they added that maybe because i did not submit sufficient evidence...that's the 2nd one i talk to today..but i dont believe them because, i dont think they update their records or their accurate anyway..until now my petition is case pending even after denial letter

Bobsmyth said:
Having the IO read the denial letter would make it pretty self explanatory that the denial wording is flawed. Every new application is based on its own merits with all the facts freshly looked at. A previous denial based on lacking GMC is not an automatic ban to reapply for at least 5 years.
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Jackolantern said:
The IO might not say anything about it at the interview. Then they go ahead and deny the case later, after noticing the prior moral character denial post-interview.
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That's assuming that any previous denial based on lack of GMC is an automatic denial for any subsequent applications for at least 5 years, which isn't the case.
 
andrea4prez said:
i cant believe im in this position!!!!! if you read the denial letter...first part is understandable but the last part when they threw in the GMC,,, that confused everything! the uscis person i talk to awhile ago did not mention anything about the gmc...he just said, they added that maybe because i did not submit sufficient evidence...that's the 2nd one i talk to today..but i dont believe them because, i dont think they update their records or their accurate anyway..until now my petition is case pending even after denial letter
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Schedule an Infopass at the least and stay away from the lawyer who got you in this mess in the first place. Honestly, I don't see anything a lawyer can tell you what you already know except provide assistance in a possible Federal lawsuit if needed.
 
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