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- Thread starter sony55
- Start date
Sony, you need to stop these depressing thoughts. Don't let them get to you. Remember, you have always the venue of a lawsuit through the court system. Many cases have been denied through the appeal process and when filed with the court, they were re-opened and approved.
USCIS officers sometimes interpret the law the way they want. They think just because they are dealing with Immigrants, they can do whatever they want. Sometimes I believe they are playing on people's nerve, so that they can just give up and leave. When your case is filed with the court (Hopefully you won't reach this level and your case is approved) you must prove to the court that you are eligible for citizenship based on INA requirement. (i.e. good moral character which you already have, five years residency requirement, no criminal record etc...), You don't need to explain why your uncle couldn't pay for college or something else. So keep this in mind. Worst case scenario, you appeal to the court, the court approve your case. Very simple. The court doesn't care what a High-school diploma USCIS officer think about your immigration past. They actually have Judges with higher educational level and not just high school dropouts who think they are Gods.
USCIS officers sometimes interpret the law the way they want. They think just because they are dealing with Immigrants, they can do whatever they want. Sometimes I believe they are playing on people's nerve, so that they can just give up and leave. When your case is filed with the court (Hopefully you won't reach this level and your case is approved) you must prove to the court that you are eligible for citizenship based on INA requirement. (i.e. good moral character which you already have, five years residency requirement, no criminal record etc...), You don't need to explain why your uncle couldn't pay for college or something else. So keep this in mind. Worst case scenario, you appeal to the court, the court approve your case. Very simple. The court doesn't care what a High-school diploma USCIS officer think about your immigration past. They actually have Judges with higher educational level and not just high school dropouts who think they are Gods.
Man i love your words!Publicus said:Sony, you need to stop these depressing thoughts. Don't let them get to you. Remember, you have always the venue of a lawsuit through the court system. Many cases have been denied through the appeal process and when filed with the court, they were re-opened and approved.
USCIS officers sometimes interpret the law the way they want. They think just because they are dealing with Immigrants, they can do whatever they want. Sometimes I believe they are playing on people's nerve, so that they can just give up and leave. When your case is filed with the court (Hopefully you won't reach this level and your case is approved) you must prove to the court that you are eligible for citizenship based on INA requirement. (i.e. good moral character which you already have, five years residency requirement, no criminal record etc...), You don't need to explain why your uncle couldn't pay for college or something else. So keep this in mind. Worst case scenario, you appeal to the court, the court approve your case. Very simple. The court doesn't care what a High-school diploma USCIS officer think about your immigration past. They actually have Judges with higher educational level and not just high school dropouts who think they are Gods.
I have been a good citizen indeed. No criminal records, national dean's list, many and many or academic achievements awards at school! I pay taxes. i treat my wife with respect and dignity. I think we deserve to be citizens as we earned it. Publicus, i know that you eventually get what you deserve, just the documentation that you are a US citizen, as you have already demonstrated your citizenship!
Thank you,
SoNy
Publicus,Publicus said:Sony, you need to stop these depressing thoughts. Don't let them get to you. Remember, you have always the venue of a lawsuit through the court system. Many cases have been denied through the appeal process and when filed with the court, they were re-opened and approved.
USCIS officers sometimes interpret the law the way they want. They think just because they are dealing with Immigrants, they can do whatever they want. Sometimes I believe they are playing on people's nerve, so that they can just give up and leave. When your case is filed with the court (Hopefully you won't reach this level and your case is approved) you must prove to the court that you are eligible for citizenship based on INA requirement. (i.e. good moral character which you already have, five years residency requirement, no criminal record etc...), You don't need to explain why your uncle couldn't pay for college or something else. So keep this in mind. Worst case scenario, you appeal to the court, the court approve your case. Very simple. The court doesn't care what a High-school diploma USCIS officer think about your immigration past. They actually have Judges with higher educational level and not just high school dropouts who think they are Gods.
Do you know any links about appealed cases ? I would like to read some experiences.
thanks
sOnY
Publicus , do you have a yahoo account, i would love to chat with you sometimes. Private message me if u want to send me ur yahoo ID.Publicus said:Sony, you need to stop these depressing thoughts. Don't let them get to you. Remember, you have always the venue of a lawsuit through the court system. Many cases have been denied through the appeal process and when filed with the court, they were re-opened and approved.
USCIS officers sometimes interpret the law the way they want. They think just because they are dealing with Immigrants, they can do whatever they want. Sometimes I believe they are playing on people's nerve, so that they can just give up and leave. When your case is filed with the court (Hopefully you won't reach this level and your case is approved) you must prove to the court that you are eligible for citizenship based on INA requirement. (i.e. good moral character which you already have, five years residency requirement, no criminal record etc...), You don't need to explain why your uncle couldn't pay for college or something else. So keep this in mind. Worst case scenario, you appeal to the court, the court approve your case. Very simple. The court doesn't care what a High-school diploma USCIS officer think about your immigration past. They actually have Judges with higher educational level and not just high school dropouts who think they are Gods.
Thanks
sony55 said:Publicus,
Do you know any links about appealed cases ? I would like to read some experiences.
thanks
sOnY
I think I read a couple before. I will post them here. Let me see if I can find one of them. BTW, do you have access to PACER?
OK, I found one. Since Federal cases are Public record, I don't think we should worry about names in public forums, since this information is available to anybody who asks for it.
Civil Case 01-1378, in the District of Connecticut.
Gazmend Poka v. INS
This was a Pro Se case.
Sony, in some aspects, this case is very similar to yours.
This guy was arrested before and convicted of creating public disturbance in violation of Conn. Gen. Stat. and paid fine of $35.
On his N-400, he stated he was never arrested. During the interview, the INS Officer made him sign an affidavit stating he was never arrested. INS denied the case because it had FBI records showing arrest. Basis: Bad Moral Character. INS sets a 3 year bar for naturalization.
This is a great order by Judge Christopher Droney. It shows how intelligent and humane these judges are. First, he denies INS' petition to dismiss case and states that Mr. Poka did not try to defraud INS, therefore he does have good moral character, and second he denies his petition for naturalization based on Mr. Poka's own defence that he lacks good understanding of English, which is a requirement of Citizenship. But the Judge lifted the bar and the applicant was free to file for new application with INS. The Judge further ordered INS to treat the new application de novo without prejudice. Nothing held against applicant.
This was a great ruling, and I think everybody did win.
You see Sony, this guy was even caught allegedly lying according to INS. They had proof of that, and still, their tactics could get them nowhere.
Civil Case 01-1378, in the District of Connecticut.
Gazmend Poka v. INS
This was a Pro Se case.
Sony, in some aspects, this case is very similar to yours.
This guy was arrested before and convicted of creating public disturbance in violation of Conn. Gen. Stat. and paid fine of $35.
On his N-400, he stated he was never arrested. During the interview, the INS Officer made him sign an affidavit stating he was never arrested. INS denied the case because it had FBI records showing arrest. Basis: Bad Moral Character. INS sets a 3 year bar for naturalization.
This is a great order by Judge Christopher Droney. It shows how intelligent and humane these judges are. First, he denies INS' petition to dismiss case and states that Mr. Poka did not try to defraud INS, therefore he does have good moral character, and second he denies his petition for naturalization based on Mr. Poka's own defence that he lacks good understanding of English, which is a requirement of Citizenship. But the Judge lifted the bar and the applicant was free to file for new application with INS. The Judge further ordered INS to treat the new application de novo without prejudice. Nothing held against applicant.
This was a great ruling, and I think everybody did win.
You see Sony, this guy was even caught allegedly lying according to INS. They had proof of that, and still, their tactics could get them nowhere.
sony55 said:Publicus , do you have a yahoo account, i would love to chat with you sometimes. Private message me if u want to send me ur yahoo ID.
Thanks
I've switch a long time ago to gmail. Google has so many cool things. They have a new chat software by the way, it's called Talk. I am going to have to set up a new account with yahoo and download their chat software, unless you want to use Google Talk. It's really great. You should try it.
Let me know if you need an invitation.
Thank you so so much for your post of that case. Your so nice. And yes, please send me an invitation and a link of the google chating software.Publicus said:I've switch a long time ago to gmail. Google has so many cool things. They have a new chat software by the way, it's called Talk. I am going to have to set up a new account with yahoo and download their chat software, unless you want to use Google Talk. It's really great. You should try it.
Let me know if you need an invitation.
I will be glad to have your id. send it to me in the private message if u wish.
SoNy
sony55 said:Thank you so so much for your post of that case. Your so nice. And yes, please send me an invitation and a link of the google chating software.
I will be glad to have your id. send it to me in the private message if u wish.
SoNy
I sent you a PM with my email address. Send me an email so that I can send you an invitation.