RECEIVED DENIAL LETTER - help explain please

[sai-2367]

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.

Bobsmyth, I saw this really attractive lawyer (chick) yesterday, who hugged the DO when he opened the door. The client (an old asian lady) seemed to be totally pleased with the results and could not control her smile when she walked out of the room. Now if the client would have been a guy, I could probably think of several other reasons for the obvious smile

The moral: GET A LAWYER WHO KNOWS THE DO. The OP might have to do some research here, but it might be worth it.

 

[Bobsmyth]

Another thing, did the denial letter state anything at the end like "without prejudice, or the next time you can reapply is ..." ?

 

[cafeconleche]

This is ridiculous. Can the applicant get a refund for her botched naturalisation application?

 

[andrea4prez]

no...not at all... that's the first thing the guy from USCIS when I called yesterday asked...he even said, its good that i reapplied...

Another thing, did the denial letter state anything at the end like "without prejudice, or the next time you can reapply is ..." ?

 

[Bobsmyth]

no...not at all... that's the first thing the guy from USCIS when I called yesterday asked...he even said, its good that i reapplied...

In that case I would say you're fine since denials that don't allow you to reapply for a certain amount of time mention that in denial letter. At this point, I can't see them denying your current application based on looking at all the facts, including that you now meet the continuous residency requirement.
As I mentioned before, it might be worth the effort of making an Infopass and requesting a supervisor first, instead of spending more money on a lawyer to file a federal suit to remove the GMC wording of denial letter, something that may not even be required in the end.

 

[JohnnyCash]

The BEST thing OP to do is-hiring an immigration attorney BEFORE the interview...at least a few days or weeks in advance so that attorney could get familiar with the case. Tell the attorney everything and take him/her to the interview so that IF officer ever questions the moral character as stated in the denial reason on a previously filed application then attorney could clarrify/question it right then and there. Attorney can also explain the whole thing to the officer that OP was only askedto submit a few documents and there was never been any question of moral character. And if USCIS would still believes that there is an issue of moral character then they will tell to attorney outright.

Do NOT try to save money by thinking not to hire the attorney now and hiring the attorney later on only if something goes wrong. OP knows that there is a problem in USCIS system about her, then why to take that chance; otherwise OP will end up spending more money, time and efforts on filing an appeal later on. Last application is done and cannot be appealed but any wrong decision on the new application could still be avoided. If OP decides to hire any attorney then she needs to make sure to hire a very good attorney than just every other one. I'm sure people will be able to refer the OP a good attorney if they know where she lives, but it wouldn't be a wise decision for her to go to the interview without an attorney.

Good luck...

 

[blkhawk]

So, how would someone prove their physical persence?

 

[Bobsmyth]

So, how would someone prove their physical persence?

By providing your primary legal residence and supplying evidence that you lived there.
In the OP's case, it was proof of US residency ties between 2002-2007 that was requested by the IO, whereas the denial letter (incorrectly) listed it as proof of physical presence.

The denial letter really has two major inconsistencies: incorrect reference to what information was requested at interview and failure to show how a lack of required documentation goes against a determination of GMC.

 

[blkhawk]

By providing your primary legal residence and supplying evidence that you lived there.
In the OP's case, it was proof of US residency ties between 2002-2007 that was requested by the IO, whereas the denial letter (incorrectly) listed it as proof of physical presence.

The denial letter really has two major inconsistencies: incorrect reference to what information was requested at interview and failure to show how a lack of required documentation goes against a determination of GMC.

Is it a requirement when someone changes their address to notify USCIS?

I am wondering if this is ok: Before I left to Australia, I had sold my house and lived at two different addresses for a couple of months. However, I didn't report those two temp addresses to USCIS but instead I used a co-worker address just so I didn't have to change my address multiple times within a short period of time and confuse the USCIS primarily.. I have been using that same address for anything that requires a valid US address such as driver's license, credit cards, bank accounts, taxes,..etc,

 

[Bobsmyth]

Is it a requirement when someone changes their address to notify USCIS?

I am wondering if this is ok: Before I left to Australia, I had sold my house and lived at two different addresses for a couple of months. However, I didn't report those two temp addresses to USCIS but instead I used a co-worker address just so I didn't have to change my address multiple times within a short period of time and confuse the USCIS primarily.. I have been using that same address for anything that requires a valid US address such as driver's license, credit cards, bank accounts, taxes,..etc,

Yes, it is a requirement by law to notify USCIS of any change of main address per 8 USC 1305 and INA 265.

 

[JohnnyCash]

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.

In my PERSONAL opinion, the above cited text on the denial letter was mistakely listed in there as officer might have forgot to take that out while choosing which one is applicable to you. USCIS has a template of everything such a denial letter as well. That template contains all the reasoning/grounds for the denial. So, it appears that officer forgot to take this text out before printing out the denial letter. This makes more true especially when there is no specific reason given as to why and on what factor agency determined the moral character of the application otherwise. Whenever a denial letter is issued or a reason is given, USCIS always mentions what was the reason for denial or what is lacking. Mentioning merely lacking of moral character doesn't say anything as to what it's referred to. Thus, I strongly believe that officer mistakenly forgot to take this text out of the letter before printing it up. I've seen many cases like this wherein USCIS mistakenly given a reason for denial that never existed/applicable but when brought to their attention, they admitted this kind of mistake. It's business as usual, I guess.

 

[JohnnyCash]

Is it a requirement when someone changes their address to notify USCIS?

I am wondering if this is ok: Before I left to Australia, I had sold my house and lived at two different addresses for a couple of months. However, I didn't report those two temp addresses to USCIS but instead I used a co-worker address just so I didn't have to change my address multiple times within a short period of time and confuse the USCIS primarily.. I have been using that same address for anything that requires a valid US address such as driver's license, credit cards, bank accounts, taxes,..etc,

Don't worry about confusing USCIS; instead just worry about your obligation of following the law. The law is very clear that immigrants MUST need to report any change of their address within 10 days. I know people get around of it all the time but reporting a change of address online takes only 2-3 mintues but it could save a lot of hassle in the future if something goes wrong.

 

[andrea4prez]

pls look at the first part of the letter. it contradicts the 2nd part:
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.

In my PERSONAL opinion, the above cited text on the denial letter was mistakely listed in there as officer might have forgot to take that out while choosing which one is applicable to you. USCIS has a template of everything such a denial letter as well. That template contains all the reasoning/grounds for the denial. So, it appears that officer forgot to take this text out before printing out the denial letter. This makes more true especially when there is no specific reason given as to why and on what factor agency determined the moral character of the application otherwise. Whenever a denial letter is issued or a reason is given, USCIS always mentions what was the reason for denial or what is lacking. Mentioning merely lacking of moral character doesn't say anything as to what it's referred to. Thus, I strongly believe that officer mistakenly forgot to take this text out of the letter before printing it up. I've seen many cases like this wherein USCIS mistakenly given a reason for denial that never existed/applicable but when brought to their attention, they admitted this kind of mistake. It's business as usual, I guess.

 

[JohnnyCash]

I don't see any contradiction; instead what I see is mentioning of two reasons for denial. First for failing to provide required documents and second for lacking of moral character. The second reasoning doesn't state how and what made USCIS to find your moral character otherwise, but the the first reason did state about failing to submit the required documents. So forget about this denial letter as digesting this won't help much since you have filed another application. We can discuss the latter part to its eternity, but it wouldn't help because nobody knows why USCIS indicated about lacking of moral character in there...is it by mistake or something else or whatever...Just focus on objective part of new application.

pls look at the first part of the letter. it contradicts the 2nd part: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.

 

[andrea4prez]

what i thought was the contradiction was the first part states that the reason i was denied is because of the provision wherein i didnt submit the evidence but then all of a sudden at the end of the letter, they gave me another provision from INA that is completely different from the first one...

you are right, i just hope they just made a mistake on the denial letter...im just worried how it will affect my 2nd application....

I don't see any contradiction; instead what I see is mentioning of two reasons for denial. First for failing to provide required documents and second for lacking of moral character. The second reasoning doesn't state how and what made USCIS to find your moral character otherwise, but the the first reason did state about failing to submit the required documents. So forget about this denial letter as digesting this won't help much since you have filed another application. We can discuss the latter part to its eternity, but it wouldn't help because nobody knows why USCIS indicated about lacking of moral character in there...is it by mistake or something else or whatever...Just focus on objective part of new application.

 

[JohnnyCash]

you are right, i just hope they just made a mistake on the denial letter...im just worried how it will affect my 2nd application....

Worrying won't do any good. If officer would mention anything about lacking of moral character then s/he would let you know the basis of their such determination. And then if you believe that USCIS made a wrong determination on your moral character then you may try to explain your version of the story or file an appeal later on. USCIS cannot deny your application without giving you a specific reason. If you would have filed appeal to previous decision, you might have been naturalized by now.

 

[Radni]

andrea4prez,
I believe observations by johnnycach and his guidelines are very precise and useful to you. Forget about the denial letter for the time being or filing appeal . BUT spend time on finding a very good local lawyer for your interview. It may cost you $ 500 or so. Go for one who has very good reputation locally. When hiring , make sure you cofirm with him/her that he/she would personally accompany you for N-400 interview and not to delegate it to anyone else in their firm. Prepare him well for your interview giving all the hystory of your case. I believe the address on your denial letter was not 100 % correct , so you could say , that could be the reason the letter was not received by you intime for a timely appeal, even if you had chosen to appeal.
My advice : Do take an attorney to accompany you to N-400 interview.

 

[shanchak]

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.......

Hey andrea4prez
If you do not mind, can you list your travel dates ?

This may help the reader in this forum to understand your case better.

I wish you come out from this mess with flying colour!

Why do not you take an infopass explain your situation ( if you are very sure about your case) to some higher officer in USCIS before you go for Lawyer.

 

[Bobsmyth]

I don't see any contradiction; instead what I see is mentioning of two reasons for denial. First for failing to provide required documents and second for lacking of moral character. The second reasoning doesn't state how and what made USCIS to find your moral character otherwise, but the the first reason did state about failing to submit the required documents. So forget about this denial letter as digesting this won't help much since you have filed another application. We can discuss the latter part to its eternity, but it wouldn't help because nobody knows why USCIS indicated about lacking of moral character in there...is it by mistake or something else or whatever...Just focus on objective part of new application.

I see two inconsistencies with the denial:

1) Denial states that proof of physical presence was not provided, yet OP stated that the IO wanted proof of continuous residency, which OP provided.

2) Reason for lack of GMC was not provided.

Not only does it appear to be a template mismatch, but a flawed decision to begin with.

 

[JohnnyCash]

I see two inconsistencies with the denial:

1) Denial states that proof of physical presence was not provided, yet OP stated that the IO wanted proof of continuous residency, which OP provided.

2) Reason for lack of GMC was not provided.

Not only does it appear to be a template mismatch, but a flawed decision to begin with.

I either didn't pay any attention to the wording/text wherein it states about PHYSICAL PRESENCE and CONTINUOUS RESIDENCY, or I thought (and still think) that it makes no difference anyway since USCIS demanded documents (tax returns) for the period of those years which were in questioned to determine either a physical presence or continuous residency.

The reason for lack of GMC is totally absurb because reason for such determination is not provided. Thus, this is 100% a mistake. I strongly believe that OP got denial because of failure of submitting the required documents regardless of what template states. Anyway, it makes no sense now because appeal period has expired on previous application and new application has already been filed. The new officer will adjudicate the application based on its merit than what happened in the past. Thereby, I don't think OP should be worried about it anyway. And if somehow (just say-somehow) GMC issue comes during the interview then officer will tell why USCIS believes that OP lacks GMC and then OP would have an opportunity to clear things up. I personally don't think it will come up, but I would go with an attorney to the interview just to be safe.