N-400 denied... need advice?

This is a discussion on N-400 denied... need advice? within the Naturalization & Citizenship forum, part of the Other Immigration Law & Visas category; Just got my N-400 application denied by the USCIS. This is my story. I applied for my citizenship through my ...

Consult Your Own Personal Lawyer Now!
Reply  POST NEW QUESTION

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Nov 22nd, 2008, 03:33 AM   #1
Junior Member
 

pilot9288's Avatar
 
Join Date: Nov 2008
Posts: 3

Angry N-400 denied... need advice?

Just got my N-400 application denied by the USCIS.

This is my story.

I applied for my citizenship through my U.S citizen wife on April 2008. I have been a permanent resident since June 2005. I did mistakenly register to vote in Los Angeles in October 2004. When my wife decided to register to vote I registered with her thinking that everybody can register and I did not intent to vote until I become an American citizen.

Before the interview I went to Los Angeles County and I did remove my name from the register to vote list on October 16 2008. And I obtained a letter noted that I did remove my name from the list and I did NOT vote.

During the interview for nationalization, I told the Officer that I mistakenly
registered to vote. And I provided her with the evidence of the cancelation. Then she continued the interview and I passed my English test. Then she told me that I will receive a written letter about the decision by the mail within 120 days, which I did receive it within 6 weeks.

This is what I received:

Reference is made to the application for naturalization, Form N-400, which you filed on April 23, 2008, in accordance with Section 316(a) of the Immigration and Nationality Act, as amended. This section provides that a qualified person may be naturalized if a person has resided continuously in the United States as a lawful permanent resident for five years, has been physically present in the United States for at least half of those five years, and has been and still is a person of good moral character.

Pursuant to an investigation and examination of your application, it is determined that you are ineligible for naturalization at this time. The administrative record reflects that, on October 20, 2008, you were interviewed, under oath, regarding your application. On October 20, 2008, you also executed a Record of Sworn Statement, under oath, in which you stated that you registered to vote in the County of Los Angeles, California.

The administrative record also shows that you submitted an original certification from the Acting Registrar-Recorder/County Clerk of the County of Los Angeles, California, date October 16, 2008, establishing that you registered to vote on October 18, 2004.

The statutory period for your naturalization began on April 22, 2003, which is five years prior to the filing date of your application for naturalization and continues until the time of your naturalization. Your act of registering to vote occurred within the statutory period. As an applicant for naturalization, you must demonstrate that you were a person of good moral character during the statutory period.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(b) Finding of a lack of good moral character.
(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
(iii) Committed unlawful act that adversely reflect upon the applicant’s moral character, or was convicted or imprisoned for such acts, although the acts do not fall within the purview of 316.10(b)(1) or (2).”
Your act of registering to vote in federal, state, or local election in violation of the law demonstrates a lack of good moral character.

Title 8, Code of Federal Regulations, subsection 316.10 specifically provides:
“(a) Requirement of good moral character during the statutory period.
(1) An applicant for naturalization bears the burden of demonstrating that, during the statutorily prescribed period, he or she has been and continues to be a person of good moral character. This includes the period between the examination and the administration of the oath of allegiance.”

Inasmuch as you have failed to demonstrate good moral character during the statutory period. You are at this time ineligible for naturalization. Your application for naturalization to become a citizen of the United States must be, and is hereby, denied.

If you decide to request a review hearing on this decision pursuant to Section 336(a) of the Act, you must file a request for a hearing within 30 days of the date of this notice (33 days if this notice was received by mail).

This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing.

Why they denied me? I told the truth!!! ?? Please help….. I don’t know where to go from here???!!!!
pilot9288 is offline   Reply With Quote
Sponsored Links
International Law Issues?
Old Dec 12th, 2008, 02:07 AM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: N-400 denied... need advice?

get LAWYER. NOW!!!!!!! and ask for a hearing.


Iknow many in your situation. They did not tell the truth....they are citizens and have been for years..

Sometimes it is unfair that when you tell the truth you end up biting yourself in the rear.

Get a lawayer now
  Reply With Quote

Did you find this post helpful? Yes | No
Old Feb 25th, 2009, 10:02 PM   #3
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: N-400 denied... need advice?

Pilot9288, so what happened in his case? Has everything turned out okay? I just happen to be in the same situation. I said the truth for the exact same thing. I got a lawyer, and a hearing. So we'll see. However, it is so ironic that it just happened for saying the truth, and nothing but the truth. On top of it, such voting registration is done out of pure ignorance because little did I know it was the wrong thing to do. My husband is American, and he did not have a clue that it was wrong. If the people in charge send us such voting registration cards, how in the world do they expect us to know that it is the wrong thing to do? If most Americans are even confused about the whole voting system, how are we to know? I just know that I did it out of pure and mere ignorance because I surely do not care about politics. Oh, so sad I am about this ordeal. Please everybody pray for me and wish me the best of luck. I need it. Thank you, and if you have any suggestion, please write it. I will read it. Thanks!!
  Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 16th, 2009, 11:20 AM   #4
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default re: N-400 denied... need advice?

I am in exactly the same situation. The funny thing is, I told the election board I was not a citizen and they told me it was ok to register. I filed N-336 but I am wondering how long will it take before I hear anything?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Mar 16th, 2009, 04:10 PM   #5
Junior Member
 

pilot9288's Avatar
 
Join Date: Nov 2008
Posts: 3

Big Grin I won my case (n-336)

I WON , I GOT IT , I received my Oath ceremony today 03/16/09. WOW

I am scheduled for Oath Ceremony on the 22nd of April 2009. WOW

I overturned the immigration denial. During the hearing interview, the immigration supervisor agreed with me about the 3 years statutory period…. He said that the first denial decision was a mistake because I don’t fit the 5 years statutory period.

God bless everybody on this forum.

Special thanks go to Bobsmyth. He told me about the immigration mistake. And he encouraged me to appeal (God bless you). Without his discovery I might be ending waiting another 5 years.

Also special thanks go to WBH, lotechguy, rick92, choppy, hoping in 2009 and all the others, for their support and comments.

God Bless you all

Thanks.
pilot9288 is offline   Reply With Quote

1 out of 1 members found this post helpful. Did you find this post helpful? Yes | No
Old Mar 22nd, 2009, 06:40 AM   #6
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Confused Re: I won my case (n-336)

pilot9288,

I just got my N-400 application denied by the USCIS. "Finding of a lack of good moral character"
I applied for my citizenship through my U.S citizen wife on Sept. 2007. I have been a permanent resident since 2004.the reson for denial was that I put in mY n-400 that I never registered to vote and I stated that as well under oath. this is the first time I knew that I was registered to vote and never voted since I have been here in the United States. I never intent to vote until I become an American citizen.

I got the same thing "This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing."

If you can give an advice....what you think I should do?
  Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 1st, 2009, 12:15 AM   #7
Junior Member
 

pilot9288's Avatar
 
Join Date: Nov 2008
Posts: 3

Default Re: I won my case (n-336)

Quote:
Originally Posted by Unregistered View Post
pilot9288,

I just got my N-400 application denied by the USCIS. "Finding of a lack of good moral character"
I applied for my citizenship through my U.S citizen wife on Sept. 2007. I have been a permanent resident since 2004.the reson for denial was that I put in mY n-400 that I never registered to vote and I stated that as well under oath. this is the first time I knew that I was registered to vote and never voted since I have been here in the United States. I never intent to vote until I become an American citizen.

I got the same thing "This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing."

If you can give an advice....what you think I should do?
Please read my questions and answers through the following link (read it all, it’s very important to your case).

N-400 denied ... need advice??? - ImmigrationPortal Forums
pilot9288 is offline   Reply With Quote

Did you find this post helpful? Yes | No
Old Apr 23rd, 2009, 12:28 PM   #8
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Unhappy re: N-400 denied... need advice?

I applied for the US citizenship last december 08, I went to the interview two days ago, I was arrested 4 years ago for a DUI, the case is closed and I paid all the fines and I have the DOCKED document fom the court. The agent who made the interview told me at the last minute taht She needs to check all with her supervisor, She took like 45 minutes after that she came back told me that at the moment She is not able to approved my application and gave a letter that said:
At the moment we are able to take a decition about your application, you will heard from us.

I am so worried about It and I would like to know, what could happen ?
may you please give an adviced.

Thanks a lot for you help

osmanandres@yahoo.com
  Reply With Quote

Did you find this post helpful? Yes | No
Old May 5th, 2009, 02:06 AM   #9
ROO
Guest
 

ROO's Avatar
 
Posts: n/a

Smile re: N-400 denied... need advice?

Most likely your N 400 will be denied. But they will give you eligibility to reapply again, usually another 5 years, and make sure there's no DUI or any other felony during that time frame.
My cousin had the same problem.
You have to get a lawyer this time.
You won't be deported, unless you are criminals. Don't worry.
  Reply With Quote

Did you find this post helpful? Yes | No
Old May 31st, 2009, 10:38 PM   #10
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: I won my case (n-336)

What happenend after that? Were you able to sorted out?

Quote:
Originally Posted by Unregistered View Post
pilot9288,

I just got my N-400 application denied by the USCIS. "Finding of a lack of good moral character"
I applied for my citizenship through my U.S citizen wife on Sept. 2007. I have been a permanent resident since 2004.the reson for denial was that I put in mY n-400 that I never registered to vote and I stated that as well under oath. this is the first time I knew that I was registered to vote and never voted since I have been here in the United States. I never intent to vote until I become an American citizen.

I got the same thing "This decision is final if no request for hearing is filed within the time allowed. A request for a hearing may be made to the Field Office Director of the Citizenship and Immigration Services at the above address on Form N-336 (enclosed), Request for Hearing on a Decision in Naturalization Proceeding, under Section 336 of the Act, together with a fee of $605.00. A brief or other written statement in support of your request may be submitted with the Request for Hearing."

If you can give an advice....what you think I should do?
  Reply With Quote

Did you find this post helpful? Yes | No
Reply

Bookmark & Share

This thread has 34 replies and has been viewed 72738 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
N-400 denied... Can I reapply this year ? loveme26america Green Card Issues 3 Jul 5th, 2013 11:46 PM
Denied N-400; I picked up a domestic violence charge osman023 Naturalization & Citizenship 5 Oct 31st, 2012 05:10 PM
N-400 denied pursuant to section 316a truejatt Naturalization & Citizenship 1 Feb 5th, 2012 04:29 PM
N-400 denied, When and will I be deported? John C Deportation & Removal Issues 0 Aug 16th, 2009 12:19 PM
N-400 Denied... the Freedom of Act dept are processing the denial koko Naturalization & Citizenship 2 May 29th, 2009 02:58 PM


International Law Issues?


All times are GMT -5. The time now is 03:28 AM.