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Re: Citizenship Denial / Moral Character

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  • Re: Citizenship Denial / Moral Character

    Is there anyone out who have had the experience of U.S. Citizenship Denial because of lack of Good Moral Character? What needs to be done? I understand the person has Thirty Days to file for a Hearing. What exactly happens at the hearings and how long does it takes ? what are the chances that person will get thier Citizenship? Some info on the case. The person's First Green Card was given in 1984. This was taken away in 2000 Because of committing a crime, he was then pardoned by an Immigration Judge AOS and given a waiver with a new green card date 2003,he met the criteria for the three years time frame for applying for Citizenship based on marriage to a U.S. Citizen over three years +. Anyone please advise and shed some light if you had the experience..GOD BLESS AMERICA FOREVER. Thanks.

  • #2
    Is there anyone out who have had the experience of U.S. Citizenship Denial because of lack of Good Moral Character? What needs to be done? I understand the person has Thirty Days to file for a Hearing. What exactly happens at the hearings and how long does it takes ? what are the chances that person will get thier Citizenship? Some info on the case. The person's First Green Card was given in 1984. This was taken away in 2000 Because of committing a crime, he was then pardoned by an Immigration Judge AOS and given a waiver with a new green card date 2003,he met the criteria for the three years time frame for applying for Citizenship based on marriage to a U.S. Citizen over three years +. Anyone please advise and shed some light if you had the experience..GOD BLESS AMERICA FOREVER. Thanks.

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    • #3
      RoughNeighbor What is your take on this?
      Speedy

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      • #4
        What was the offense? Does the denial letter say the person can never apply for citizenship?

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        • #5
          Thanks Naturebeauty more info posted...Speedy..
          According to the person that was asking me the question the offense was possesion of a firearm by a convicted felon. He stated that the denial letter said denied because he did not meet the good moral character burden this incident occured almost thirteen years ago.

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          • #6
            Some bars to citizenship are permanent while some are temporary (a 5yr wait). You need to check which of these two categories firearms crimes like his fall under.

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            • #7
              Read the guide to naturalization, topic on Good Moral Character; http://www.uscis.gov/files/article/M-476.pdf

              ..and the following link; http://www.nysda.org/idp/webPages/citizenshipAlert.htm

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              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SPEEDY:
                RoughNeighbor What is your take on this?
                Speedy </div></BLOCKQUOTE>

                Hi speedy: sorry, been on the road for awhile. But I saw that your queries are already addressed.

                Tough luck for your friend, ha? Sometimes it's indeed worth assessing the desired benefit against potential risk in some immigration applications.

                As per naturalization regulations, the good moral character burden should be established one year (military), three years (marriage to USC), and five years (the rest) prior to N-400 filing.

                Yet even then, the USCIS's favorable or unfavorable determination of the merits of a naturalization application is not confined in these statutory period of applicant's assessment of "good moral character." In the exercise of their discretionary (and prosecutory) powers, they could summarily deny a certain naturalization applicant for failing the "good moral character" litmus test even for an offense (or offenses that were) committed decades ago.

                Aggravated felony conviction under section 101(a)(43) of the Act is their yardstick. Moreover, the Anti-Terrorism and Effective Death Penalty Act (AEDPA) was passed by Congress in 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA or IIRIRA) also of 1996 that expanded the scope of felony convictions to aggravated felonies, that could be grounds for removal from the US.

                In the Matter of Vasquez-Muniz, the BIA, in concurrence with the precedent conclusion of the Ninth Circuit in United States v. Castillo-Rivera, held that the crime, possession of a firearm by a felon, ... is an aggravated felony.

                Therefore, I apologize, your friend needs a very, very good attorney and tons and tons of luck.

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                • #9
                  Rough Neighbor, Thanks for your input the info will be passed on. Rough Neighbor you are the best on this board...Thanks..Speedy.

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                  • #10
                    Whew! I'm blushing. Still learning, no better than the rest. Thanks, speedy.

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