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Wants to file for Citizenship but...
- Thread starter aniadm
- Start date
Thanks for the update. I have seen very few cases of DWI go through without denial. Do you remember what the alcohol percentage was (like 0.05 or 0.08 etc)? This will throw a bit more light as to how USCIS deals with this issue.
Were you asked anthying about this and which city was your interview in?
thanks.
Were you asked anthying about this and which city was your interview in?
thanks.
I had a DWI 4 yrs ago. so 3.5 yrs after DWI, i applied for naturalization. i submited a complete file (with original documents from court as requested by N-400 guidelines), i've paid all my taxes, and am a good citizen... so i got my interview/citizenship done.
it took about 6 months from date of application submission to fingerprint to interview/oath. its all not true that you need a lawyer and good moral charecter and bla bla bla - just go apply. whats the worst that can happen? nothing.
i went without a laywer. nothing happened. i got approved.
Order of Protection and I may get denied!
Hi,
I applied for citizenship back in September of 2007 and had my interview in April of 2008. I passed and was recommended for approval. About 3 weeks after the interview I got a letter stating that I had an Order of Protection against me at this time and need to present evidence and if not my case will be denied. I'm in a bad marriage for the last 10 years and am finally going for a divorce. Anyhow my wife served me with an Order of Protection from the family court back in September of 2006 which lasted till September of 2007. In April of 2008 I served her with an Order of Protection. I guess this must have trigged something. I have presented court certified evidence of my prior Order of Protections and the current Order of Protection to the same IO who interview me. He told me that I may be denied based on Moral turpitude. The bottom line is take any court issue seriously, this is my two cents. Tks.
Hi,
I applied for citizenship back in September of 2007 and had my interview in April of 2008. I passed and was recommended for approval. About 3 weeks after the interview I got a letter stating that I had an Order of Protection against me at this time and need to present evidence and if not my case will be denied. I'm in a bad marriage for the last 10 years and am finally going for a divorce. Anyhow my wife served me with an Order of Protection from the family court back in September of 2006 which lasted till September of 2007. In April of 2008 I served her with an Order of Protection. I guess this must have trigged something. I have presented court certified evidence of my prior Order of Protections and the current Order of Protection to the same IO who interview me. He told me that I may be denied based on Moral turpitude. The bottom line is take any court issue seriously, this is my two cents. Tks.
Hi,
I applied for citizenship back in September of 2007 and had my interview in April of 2008. I passed and was recommended for approval. About 3 weeks after the interview I got a letter stating that I had an Order of Protection against me at this time and need to present evidence and if not my case will be denied. I'm in a bad marriage for the last 10 years and am finally going for a divorce. Anyhow my wife served me with an Order of Protection from the family court back in September of 2006 which lasted till September of 2007. In April of 2008 I served her with an Order of Protection. I guess this must have trigged something. I have presented court certified evidence of my prior Order of Protections and the current Order of Protection to the same IO who interview me. He told me that I may be denied based on Moral turpitude. The bottom line is take any court issue seriously, this is my two cents. Tks.
Where you ever charged with spousal abuse or threatening your wife? I can't see how an order of protection by itself would lead to a denial based on moral turpitude.
I was not charged with anything. In the initial hearing I accepted the OP just to get out of court, no evidence or deliberation. The judge granted the OP stating that I'm (my self) not accepting any fault. But in the evidence I presented to the IO this is not stated. I'm thinking of going to court again and getting evidence that includes this fact and giving it to the IO. Tks.
I wonder if accepting OP implies guilt for crime of moral turpitude in USCIS's eyes, eventhough court never found you guilty. You may want to consult immigration lawyer with experience in criminal cases to see what needs to be done to prove your case.I was not charged with anything. In the initial hearing I accepted the OP just to get out of court, no evidence or deliberation. The judge granted the OP stating that I'm (my self) not accepting any fault. But in the evidence I presented to the IO this is not stated. I'm thinking of going to court again and getting evidence that includes this fact and giving it to the IO. Tks.
Hi Bobsmyth,
Tks. I have presented my evidence, the ball is in their court. Should I wait until I'm denied or get hold of an attorney now? If I get hold of an attorney now will he be able to do anything before they deny me? I'm thinking of presenting with more detailed evidence and then waiting it out. If I get denied then I'll get an attorny. How does that sound?
Tks. I have presented my evidence, the ball is in their court. Should I wait until I'm denied or get hold of an attorney now? If I get hold of an attorney now will he be able to do anything before they deny me? I'm thinking of presenting with more detailed evidence and then waiting it out. If I get denied then I'll get an attorny. How does that sound?
Hi Bobsmyth,
Tks. I have presented my evidence, the ball is in their court. Should I wait until I'm denied or get hold of an attorney now? If I get hold of an attorney now will he be able to do anything before they deny me? I'm thinking of presenting with more detailed evidence and then waiting it out. If I get denied then I'll get an attorny. How does that sound?
What was the basis of your wife filing an OP? Was there a history of violence? Did she call the police on you in the past for abuse?
You can go either way on this one. Either contact attorney now, present more evidence as needed, or wait for USCIS decision and then prepare for an appeal if case is denied. The sticking point is how USCIS interprets OP against you and that it's up to you to prove why you have one against you.
abandonedGreenC
Registered Users (C)
Consult an immigration attorney in your area
Last edited by a moderator:
Thanks guys,
I'm going to wait it out. They need to give a decision one way or another within 120 days of the interview. If I get denied I'll appeal with the help of an attorney. Thanks again.
Just remember you have up to 30 days to appeal a denial and there's a cost involved ($605 for form n-336) so weigh that with in when deciding whether to consult lawyer now or later.
Hi Bobsmyth,
Do you think I need to give the enhaced evidence and probably some recomendation letter (IO metioned this when I saw him the second time) from my employer? Is this better than waiting till they respond?
What I think is that USCIS wants you to show is that OP wasn't result of a history of spousal abuse since spousal abuse is seen as crime of moral turpitude by USCIS. How you prove it wasn't and that there are no other questions about your moral character would best be discussed by a legal professional.