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N-400 denied...next step?

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  • N-400 denied...next step?

    I'm a green card holder that's lived in the US since i was 2 months old. I was arrested for a DUI in 2007 and applied for my citizenship in 2008 after the officer suggested to do so. This is the only thing on my record.

    I went for my interview in Jan 09 and passed but the lady said she needed documentation of my completion of probation - which i was still on non-reporting probation until May. She gave me a form and a 60-day deadline to get the paperwork in, but said since i'm about 90+ days out to get the proper documentation, that I should send the form out requesting an extension. I followed her directions and never heard anything back. When my probation was over, I got the document saying I completed probation but decided to wait to get an official notice from the gov. about the deadline as i did want to send the paper work in and have it get mixed up in the process.

    Last week I got my denial letter due to this missing document. I have the right to appeal and pay the $605 fee, but after reading some issues ppl are having on the forums, i'm not sure what I should do. Should i just reapply at a later date? There's no date listed on my letter as to when I can or should reapply. Also my green card expires this year as well.

    Any help or insight would be much appreciated!

    Thanks in advanced!

  • #2
    I'm a green card holder that's lived in the US since i was 2 months old. I was arrested for a DUI in 2007 and applied for my citizenship in 2008 after the officer suggested to do so. This is the only thing on my record.

    I went for my interview in Jan 09 and passed but the lady said she needed documentation of my completion of probation - which i was still on non-reporting probation until May. She gave me a form and a 60-day deadline to get the paperwork in, but said since i'm about 90+ days out to get the proper documentation, that I should send the form out requesting an extension. I followed her directions and never heard anything back. When my probation was over, I got the document saying I completed probation but decided to wait to get an official notice from the gov. about the deadline as i did want to send the paper work in and have it get mixed up in the process.

    Last week I got my denial letter due to this missing document. I have the right to appeal and pay the $605 fee, but after reading some issues ppl are having on the forums, i'm not sure what I should do. Should i just reapply at a later date? There's no date listed on my letter as to when I can or should reapply. Also my green card expires this year as well.

    Any help or insight would be much appreciated!

    Thanks in advanced!

    Comment


    • #3
      Pack your things your being deported.

      Comment


      • #4
        The only issue is whether in a year or so it will be more expensive to reapply or file the appeal now.

        Comment


        • #5
          In most States, a simple DUI is not a criminal offense, only a civil one but it can affect your N-400 application because of the "good moral character" question. The denial based on the missing document may be true but in any case they could still deny based on the "good moral character" requirement because the offense is still new (within the past 5yrs).

          Many seem to recomend waiting and re-applying in 5yrs time. The DUI shouldn't affect your GC unless other factors come into play (like some criminal element to it, ie. hit and run).
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

          Comment


          • #6
            Whether you decide to reapply or appeal, consider renewing the Green Card. Also, green card expiration doesn't mean that your permanent residency expires. It just means that the card is expiring and needs to be renewed.

            If you are re-applying, I would also suggest waiting at least one year before doing so.

            Comment


            • #7
              Thanks everyone for your input. I'm still wondering if I should try to appeal on my own w/o a lawyer (to save on that cost at least) and hope that my supporting evidence of the paperwork the first officer supplied will be sufficient to fight the "lack of documents" they're dinging me for. Her paper stated that I was only missing my probation completion doc and that's all that the denial letter stated - although I am worried about the good moral character issue.

              The only thing that really ****s is that I've been in this country all but 2 months of my life and this DUI is the only thing that's on my record (i'm 27 yrs old) - granted I should have tried to get my citizenship when I was younger but I didn't.

              Comment


              • #8
                Ok so it seems a DUI IS considered a criminal offense but not in every State as davdah says:

                In some states, such as Wisconsin, a DUI is NOT a criminal offense. However, almost every other State does treat DUI or DWI as a criminal offense, punishable by jail and fines.

                Wiki.answers.com
                "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                Comment


                • #9
                  Lets have the next party in Wisconson.

                  Comment


                  • #10
                    No need to panic, just reapply. no need to use a lawyer. the good thing is that this time around you will have all the paperwork.

                    By the way, its just cheaper to reapply than appeal with a lawyer.

                    either way you situation is not that bad!

                    Good luck

                    Comment


                    • #11
                      Thanks everyone! I've actually talked to my companies HR manager and she's getting our immigration lawyers to consult with me on my issue. Luckily I work for a great company that offers lawyer consultation (they just can't represent us) - good thing a co-worker reminded me about this service! I think once I get all of my paper work in order with my detailed time line of events I'm hoping all will work out.

                      I think reading everyones experience on all of the forums freaked me out a bit, but I'm feeling a bit better about things now *fingers crossed* I just really don't want to wait 5 yrs to reapply if it's an issue of "good moral character"

                      Comment


                      • #12
                        Sounds to me like, your application was NOT denied because you had a DUI.
                        It was denied not having or submiting a certain paperwork. Big Difference. Do not get confused.
                        Eitherway, Appeal and have your documents ready!

                        Comment


                        • #13
                          Yeah but if it was denied for DUI then it is possible that your renewal of Green Card will be denied as well which could lead to you being placed in deportation proceedings

                          Comment


                          • #14
                            You have been in this country not to know the useful tool -- attorney. Citizenship application can be very simple if you are clean or very complicated if you have some spots in your background.

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