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Dear Sammy, I need your help! regarding the N-400 interview

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  • Dear Sammy, I need your help! regarding the N-400 interview

    Hi dear Sammy, I am new here but I have read many of your posts and are really impressed by your knowledge related to immigration matters. I am scheduled to have my N-400 interview in 2 weeks and I just found a mistake from my copy of N-400 form which I filed. On "Good Moral Character" part, on Q.16 I answered YES to that question (been arrested before) but I answered NO to Q. 17, which is "Have you ever been charged with committing any crime or offense?" But in fact I was once arrested and charged with several traffic-related accounts which were later dismissed in court. I have no criminal record whatsoever. I did enclose a copy of "court disposition" with the original application. I think I just simply forgot changing the answer to Q.17 from "NO" to "YES". Would that affect my interview?

    To me, it's kind of like "typo" thing and I honestly admitted that I was arrested before. I also have "good conduct certificate" which shows I have no criminal record and official "COURT DISPOSITION" shows the charges were dismissed. How would you recommand me during the interview? I know I will be very honest for sure. Should I explain that situation before the interviewer asks? Or just wait until the officer asks me then I explain the mistake? The date is approaching near as well as my anxiety is getting more and more. I'd really appreciate for your patience and suggestions to my situation above. Look forward to hearing from you soon!

    Best Regards

    NY1121

  • #2
    Wow! I can't thank you enough for your detailed explaination, Sammy. Thanks so much!

    One last question is about selective service. I think I should be ok but I'd like to verify it with you again.

    I entered US in 1993 (when I was 24) as a leagal foreign student (F1 visa, good till '98) Then I got my Green card in 1997 (at the time I was 27 and 1/2 yrs old). SO I think I fall into that catagory of that exception: You CANNOT register once you turn 26 yrs of age, but if you were in the US at ANY STATUS (even illegal) "EXCEPT VALID NONIMMIGRANT VISA STATUS" between the age of 18-26 then you were required to register with Selective Service. Is my understanding correct? I was in US at the age before 26 with VALID NONIMMIGRANT VISA (F1) and got my Green Card when I was over 27 of age. I don't need to have that selective service letter, right?

    Ove again, thank you for your huge favor!

    NY1121

    Comment


    • #3
      Thank you for your quick response, Sammy!

      Yes, I live in NYC

      My time frame is as below:

      August 3rd 2005/ mailed out the N-400 application from NYC
      August 8th 2005/ N-400 application received
      August 23rd 2005/ Notice for finger printing
      September 8th 2005/ Finger printing done
      October 27 2005/ Notice for interview (in Garden City office, Long Island)
      Interview scheduled in late Feburary 2006: Hope it goes smoothly
      Oath: Hope it will be soon!

      Also, I recently found some cases that the applicants had their interview first but then were told to wait for notice (no deceision made). That's so called "name check" I guess. That process seems an endless wait. Do you know in what circumstance they will do name check thing AFTER the interview? I thought after they did finger printing and then they would start doing those background check and when everything is fine they just sent out the notice for interview. Just a little bit concern on this issue. Hope USCIS has done all kinds of checking on me so there won't be any delay for the process.

      Again, thank Sammy for the quick responce.

      NY1121

      Comment


      • #4
        Hi Sammy, I just went through my interview last Friday in Garden city office. It was a well mannered young male officer who interviewd me.

        Everything went smoothly in the beginning about my personnal information and background then I did actively mention the typo/misunderstanding thing about the "charge" thing to the officer and show him the court disposition too. He said "fine" and asked me if there is any other arrest in the past and I answer "no". As I was feeling better about the interview the officer then popped out a question: "When was the frist time I entered US?" I answered it was 1992 when I came to US for a meeting with toursit visa (B2). I got my GC in 1997. Then he told me he has to request some kind of check on that ( I can't remember the exact wording he used) so he couldn't approve my application at the moment, also he has to ask his supervisor to review my arrest case (the charges were dismissed) to make the final decision (Which he told me not to worry about because I have court disposition and he also looked at my good conduct certificate which shows no crimanl record and he said that's what he wants to know). I was a little bit stunned because I never heard of anyone being asked about their very first trip to US before they got their GC and were checked on those trips. Before I got my GC in 97, I entered US in 92 for about 2 weeks with B2 visa and then I came to NY in fall of 93 to start my graduate study here in NY with F1 Visa until I got GC in 97. I know I don't have any wrong doing or crminal record throughout all these years whatsoever. I asked him how long will it take then he said it will take about 3 weeks for the process so I may get a notice through mail in about a month. (He even said it could be sooner, and wanted me to keep my eyes open for the mail). So in my interview letter, "The application can not yet be decided" was checked.

        My questions are

        1, have you heard of this kind of situation? namely checking applicant's earlier trips to US (before they got their GC). Was he giving me a hard time by doing that request?

        2, Is what he requested was that nortorious "name check" thing (Me personally don't think that is, cuz he has to do the REQUEST after this interview, while name checking should be already underway or finished by the time I was interviewed.)?

        3, Should I believe what he told me that it will take about 3 weeks to 1 month for me to receive the final decision?

        The officer seemed and talked pretty nice and told me not to worry about. It's just he has to do that request and I should get a notice about 1 month. I really hate a waitng game like this because I can't do anything but to wait. I'm also worried that how his request will be processed (will it be like name checking?). Before Friday I was so sure that I can come here and share everyone with my good news. Now I have to wait.

        Looking forward to hearing from you soon, Sammy.

        Thank you very much!

        NY1121

        Comment


        • #5
          Or has anyone had similar exeriences, I really appreciate that you could share the experiences with me!

          Thanks!

          Comment


          • #6
            I think you are going to be fine. He just wanted to see when you came to US the first time, nothing unusual about it.
            As far as your arrest goes a svpervisor will have to clear you for approval, which is quite normal. Expect oath letter in 6 weeks.
            Good luck

            Comment


            • #7
              DOWN WITH FASCISTS !!!
              THIS ILW.COM FORUM IS ALL FASCIST DOMINATED !!!

              FOR ANY IMMIGRATION HELP AND INFO GO TO:

              WWW.IMMIGRATION.COM

              GOOD LUCK!
              IE

              Comment


              • #8
                Hi Copper, I really hope it will be just like what you said!

                Thanks!

                Comment


                • #9
                  Everyone knows this loser = Sammy.

                  ILW :-- Registered Members: 5117

                  MORE THAN 25 OUT OF IT IS SAMMY. GET A LIFE

                  Comment


                  • #10
                    Originally posted by SAMMY:
                    HERE IS THE TEXT OF ONE OF MY PREVIOUS POSTINGS ON CITIZENSHIP MATTERS:

                    Documents and preparation for Naturalization Interview:

                    [12] Documents to prove your residency in your State: You must carry some kind of document to prove your residency in the state or place where you live as applicants for naturalization must need to live at least 3 months in a place before filing for Naturalization. Those documents could be, utilities bills, rent/lease/mortgage papers, bank statements, other bills like credit cards and etc, or employment or school record if you work or study there.

                    It is also reported that some officers did ask for these to verify the accuracy of applicant's residence information mentioned on citizenship application. It's relevant to the information on the application and it is also relevant to know your eligibility since an applicant for naturalization must have to live at least 3 months in a place before filing an application for naturalization from there. So officer retains the right to demand for it.
                    I actually followed your advice on documents to bring, but I would like to mention and stress that, as long and thorough as your list may be, it is not exhaustive and you should bring more documents than what was mentioned.

                    Item #12, above, in particular is a bit unclear and misleading. Proving you were a resident in the district for the 3 months prior to the application is not enough---you really need to be prepared to prove not only that, but everywhere that you lived for the last 5 years. If it is a 3-year spousal application, you also have to be prepared to prove where your spouse lived for the past 3 years (which better be the same places as you). You also may need to prove that you filed Form AR-11 to report each change in address to USCIS within 10 days of the move.

                    In my case, the officer was asking for documents like a bank statement from 2005 (this was an interview in 2007), health insurance, credit cards, vehicle registration, etc. to prove this. As it was a 3-year spousal case, they also wanted to see one of these documents with both our names on it too. This was even though we never moved and owned the house jointly the whole time.

                    The moral of the story is don't think that just because this is a natualization interview that you don't need to provide as many documents as you would have had to at an adjustment of status interview, because the reality is you do, especially if it is a 3-year spouse of U.S. citizen naturalization you are seeking. In fact, it could be considered even more difficult.


                    CP

                    Comment


                    • #11
                      With all regards, but I do not know nor understand where in the world all those problems you and other people here have are coming from.
                      I immigrated 9 years ago on a greencard which I won in the lottery, at the first try. I started to work 2 months later( that was the time the Social Security Office took to issue my number). Last Year June I filed N400 for Naturalization. in September last year I got fingerprinted. In November last year was my interview. That went smooth and without any problems. In January this year I got my Oath Ceremony appointment letter. I took the Oath in February. I never used the help of an attorney, since there was never any problem which I couldnt solve on my own.
                      Well, the only thing I had to deal with was, that I was 30 years ago in former East-Germany for 10 months in jail because some political differences between the Government there and me and my friends. I served that time, was forcefull released to West-Germany and got my rehabilitation there ( and some money, lol, as you get when youre in jail for no reason). Since I can of course proof all that, I just needed a certified translation of all the paperwork, and that is quite expensive. But anyway, this translation of my paperwork was the only thing I needed to pay for, beside the fees for N400.
                      To me, I have to say, was immigration, and also naturalization one of the smoothest and easiest things.

                      Comment


                      • #12
                        Hello Sammy,

                        I see that you very articulate and know Immigration law and rules by heart. I need to ask you a question.

                        I submitted an N-400 in 2005 which took about 4 years to finally get adjudicated went through an interview, everything went smooth but at the end, the officer said that I passed but a decision has not been made yet, and they will send me a letter in a couple week informing of an oath date or otherwise.

                        The letter didn't come, I went down to the office, they gave me a letter of a denial, and the reason was " LOSS OF MARITAL STATUS". because I flied when I was married to a US Citizen at a time when I filed.

                        And because I have a couple charged on my record that have been dismissed after 12 months, one was in 2002 and the other was in 2006. I have submitted the certified court dockets, showing the disposition.

                        I submitted another N-400 and I included a opy of the denial letter reminding them of the main reason which no longer valid now. I went to the second interview, everything went just fine, passed . but this time the officer said that because of my charges, a supervisor has to sign off on my application. and asked me to wait for a decision in the mail.

                        What do you think means ....is this gonna be a problem again, even though my charges that are now dismissed, were not the reason of the first denial???

                        Thank you
                        Adam. M

                        Comment


                        • #13
                          Shoreseattle, I don't think Sammy posts in here much these days and this is an old thread.

                          I doubt you would have much to worry about. I'm not surprised they denied the first application because it was based on 3yrs marriage to a USC. You have to remain married up to and including the Oath ceremony or else it will get denied.

                          Most likely they are checking the dismissed charges before approval unless they've found something else.
                          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

                          Comment


                          • #14
                            Originally posted by SAMMY:
                            NY1121:

                            Don't worry about your problem(s) at all because at interview- adjudication officer will 100% verify ALL the information with you that you have provided on your naturalization application particularly about criminal history.

                            Verifying the information about applicant's criminal history is VERY vital and important for adjudication officers during the time of adjudicating a naturalization application because this information could be a deal breaker in cases of naturalization application.

                            That said, even if you might have answered something correctly and accurately in your application about arrest or full criminal history, officer would still ask and verify that information again at the time of interview. It is a routine process for them. So, whatever you have put down on the application or submitted together with your application means nothing to the officer as officer will ask all the information again from you, particularly about any arrest or criminal history.

                            So obviously, you would have an opportunity to correct that mistake. When officer will get to that part of the application, you should voluntarily disclose that information to the officer; otherwise officer might deny your application under the clause of ˜willful misrepresentation to US govt.'. And if somehow (just imagine somehow) officer forgets to ask about it and you won't tell either, then you could be deported in the future despite of being naturalized because this information is a material fact. Concealing or hiding a material fact is a ground for deportation.

                            Therefore, just explain to the officer that you made mistaken in answering that question. Officer will correct that answer right away. But don't forget to take with you a CERTIFIED COPY from courts on all the arrests or courts' cases even though you might have already submitted them along with your application. Also, make sure to take a proof of paying all the traffic tickets that you go so far. So long charges against you have been dismissed, you don't have to worry at all, believe me.

                            Traffic tickets are citations, which MUST need to be reported on N-400. If you haven't, then make sure to write all the citations on a separate piece of paper and hand it to the officer during your interview. Officer will appreciate your well preparedness. Traffic tickets won't cause any problem so long those –[1] those were paid or dismissed; [2] and if you were not charged for DWI and reckless driving because as these types of citations/offences could lead to a criminal conviction as per INS.

                            You have said that you have a ˜Good Conduct Certificate' to prove that you have no criminal history whatsoever then I must tell you that this kind of ˜Good Conduct Certificate' means nothing to INS during the time of naturalization. However, this type of certificate used to play a vital role during the processing of green card application but no more because after 9/11 each person must have to be cleared by FBI for any kind of immigration benefit as it is mandatory now.

                            In order to check your criminal history, INS sends your fingerprints to FBI. And, in order to determine your Moral conduct/character for naturalization application, INS looks into many things like- [1] if the REQUIRED taxes were/are paid or not; [2] if you have ever claimed yourself as a NON RESIDENT on your taxes after being a LPR; [3] if you have ever lied on your tax returns about anything; [4] if you have ever lied to INS/US consulate on any application about anything that INS has found only now; [5] if you have committed an adultery; [5] if you have failed to pay the court ordered alimony to your children; [6] if you ever have any run-arounds with law enforcement agencies anywhere, etc.

                            Thus, all these factors are taken into consideration by INS to determine a moral character of an applicant during naturalization time. Having a good moral character is very important to be naturalized.

                            I've covered all the concerned matters here and hope it would help. For further information, I'm pasting a text of one of my postings here. You will be all right. Good Luck.

                            "Early and provident fear is the mother of safety"?-Aristotle



                            HERE IS THE TEXT OF ONE OF MY PREVIOUS POSTINGS ON CITIZENSHIP MATTERS:


                            Documents and preparation for Naturalization Interview:

                            Applicants for naturalization MUST bring ALL the documents listed below, even if their Interview Appointment Letter/Notice may have not included any (or some) of them. And it should be known that Appointment Letter is just a generic computerized letter in most cases. So it maybe possible that it may not contain a list of ALL required documents pertaining to applicant specific case. For example, in one of immigration forums, a female received an appointment letter for her naturalization interview wherein she was asked to bring a Selective Service Letter. I mean she should not have been asked for a Selective Service letter when she was a female.

                            Thus, an appointment letter is a generic computerized letter in most cases. Further, clerks are the ones who send out the appointment letter and not the adjudication officers. And clerks always make mistakes as you may already know. So, make sure to bring ALL the documents mentioned below even if you are not asked for it on your appointment letter.

                            [1] Interview appointment letter: It will be required to get inside the INS building since security guard at the front door of the office will ask to see it. And obviously, local district office would need it to pull your file up to interview you. However, you might not need this if you are going into a very small office wherein only 3-4 applicants would hardly be there altogether such as the INS office in Vermont that is just a little larger than a telephone booth. Because then that small office would already know who is scheduled to be interviewed at that day even if someone won't have this letter handy.

                            Also, an appointment letter is not needed by those too who were asked over the phone to appear for an interview as sometimes INS tries to accommodate some applicants for an interview by calling them in a last moment. So obviously, these people won't need appointment letter then.

                            [2] Passport: It's required mainly to verify your absence from the United States as it contains the record of ALL the trips that you might have taken outside the United States. And it is also required to verify your citizenship/nationality. Officer does retains the right to ask for it as it is relevant to the information on the application that you will provide about any trip that you have taken outside the United States and your nationality. And it is also relevant to determine your eligibility for naturalization as to your continuous presence in the United States.

                            [3] Driver License or State Issued Non Driving ID: Officers will always ask for this during the interview to verify if you live in their jurisdiction. Because, you must have to live in the State where you are appearing for an interview (except for military people), otherwise that office won't have any jurisdiction on you to adjudicate your application. It's relevant to the information that you have provided on your citizenship application about your address. Hence, officer retains the right to verify your residence information on your application. Also, driving license is used to verify your identity as it is a govt. issued picture ID like green card.

                            [4] Tax returns for the last 5 yrs: Whether or not you are specifically asked to bring your tax returns, you should ALWAYS take your tax returns for the 5 yrs with you to your interview no matter what even if you are filing your application based upon 3 yrs rule for being married to a US citizen.

                            Tax returns are asked particularly to verify or to find out- (a) your current and previous address(s), (b) your current and previous marital status, (c) whether or not you have any children, (d) where you have been working and what you have been working for the last 5 yrs, (e) whether or not you owe any money to IRS, (f) whether or not you have paid the REQUIRED taxes, (g) whether or not you are in violation of any IRS laws, because if you were single but have filed taxes under married status at any time, then USCIS will deny your citizenship application under bad character. Because this will prove that you were in violation of IRS laws and that you were a person of a bad character because of cheating/lying.

                            And if you did not pay any of the required taxes then USCIS will deny your application unless you will submit an agreement letter from IRS, State, or local tax office showing that you have filed a tax return or have arranged to pay the taxes you owe. In addition, you would need to bring documentation from IRS, State or local tax office showing the current status of your repayment program. Actually, tax returns are required for many reasons at the time of naturalization.

                            You should also know that you MUST have to have a certified copy of all tax returns. You may go to your local taxation office and may request for the tax-transcripts with their stamp on it. It is provided free of charge. However, tax offices have changed their policy of providing tax transcript in person since 2004, instead they require you to call their toll free number or to visit their website to make such a request. However, some offices are still providing tax transcripts in person. I guess it is a matter of discretion.

                            In addition, it is highly advisable to ask IRS to provide you IRS Form 1722, which is what USCIS normally asks. It is the transcript of your tax returns. Transcript and copy of your tax forms are two different concepts. It takes only a few days to arrive all these in the mail if you would request these documents over the phone with them at 1-800-829-1040 or by requesting these documents thru visiting their website. Tax returns are relevant to the information that you will provide on your citizenship application; thereby officer retains the right to demand these documents to verify that information.

                            If someone hasn't filed any tax return because of no income or earning little income, it would still be all right so long you could explain it to the officer. But then be prepared to show to INS how you have been supporting yourself without the means of visible income or with little income; otherwise officer will deny your case in presuming that you have been involved in some kind of illegal activities. Submitting an affidavit from someone about having supporting you would do the trick.

                            [5] Divorce/Annulment decrees: It's required if your previous marriage (s) has ended. Must be a certified copy. It's also relevant to the information that you may have provided on your citizenship application about your previous marriage, this officer retains the right to ask for this as s/he may prefer.

                            [6] Marriage certificate: If you are currently married then t is advisable to have it with you even if your citizenship application is not filed based upon 3 yrs rule of being married to a US Citizen. Recently, I came to know that some officers are asking for this just to update the information on citizenship application if applicant has gotten married after filing the application or if s/he is already married. And sometimes, officer wants to verify whom you are married with if you are currently married. Besides, it is also relevant to the information that you have provided on your citizenship application about your current marital history, thus officer retains the right to ask you for this document.

                            [7] Court's disposition on any arrest, charge, and citation (including traffic citations): If you don't want your application to be delayed or denied, then take all the documents that you have about any arrest, charge, citation (even traffic ones) to your interview. It must be a certified copy from a court about complete record of arrest, charges, conviction and dismissal of a case. If your criminal case is not completely disposed yet, your application for naturalization will surely be denied.

                            As far as traffic citation is concerned, then you don't need to worry about them so long those citations have nothing to do with DUI and reckless driving. But you MUST need to bring the proof of paying all those traffic tickets because traffic tickets are also part of court's record. Also, if someone has received too many tickets, whether those are for speeding, changing lanes wrongly, turning on no U turn zone and etc, then some officers may deny your application. Because recently a case has come into light wherein an officer denied a naturalization application to a person who had received so many tickets. Officer noted that applicant failed to obey the local traffic laws so many times, which obviously proves that applicant has bad character. Applicant appealed, but applicant's appeal got denied. So, it is also recommended to contact an immigration attorney before filing naturalization application if someone falls under this kind of situation. But I hope you would understand the difference between speaking with every other immigration attorney and speaking to very well known and aggressive immigration attorneys.

                            It's also advised to take with you all the record of restraining order if someone has obtained a restraining order against you anytime. You WILL NOT be denied citizenship based upon traffic citations and restraining order, but officer will ask you about it and may demand you to submit documents in relation to these. Don't assume that if you were never been convicted, arrested, fingerprinted, detained or violated a restraining order then that means USCIS won't know anything about those activities, because USCIS now checking up public court records also. It has nothing to do with financial civil matter; instead it has to do with family court for restraining order and traffic court for traffic citations.

                            [8] Social security card: In one of recent cases, USCIS has asked an applicant to show her social security card to verify her social security number that she put it on the application. Again, officer does retain the right to ask for it since it is one of the information that you provide on your Naturalization application.

                            [9] Two Identical Colored Pictures: It's always advisable to take 2 additional photos with you as sometimes officers do ask for pictures again even if you have already submitted them along with your application despite of the fact those pictures were being under new photo requirement. Because the photos that you have submitted with your application have been either lost, damaged or don't look proper to the adjudication officer (every officer has his/her own discretion to accept the photo that looks ok to the officer). So, it is better to have it with you at the time of interview. It is also part of application and officer retains the right to demand it

                            [10] Birth Certificate: Based upon 7 recent cases, I've come to know that some officers may ask you for this even if you are not changing your name thru naturalization process. Plus, it has nothing do with your USC spouse's birth certificate even if you are filing under 3 yrs rule of being married to a US Citizen. And, it has nothing to do with your children' birth certificate as well, which is usually required if you have any children. Because if you have children, then you should carry their birth certificate with you anyway to prove that you have children as the information about your children are required on the application.

                            Actually applicant's birth certificate is recently asked in seven of recent cases just to make sure about applicant's real name even though applicants' real name is clearly mentioned on their green card which they had presented to the officer during the time of interview. And birth certificate was asked even though applicant's birth certificate is contained in applicant's green card file with INS. Again, it is also relevant to the information you have provided on the application about your full name, so the officer retains the right to demand it to check the accuracy of the information.

                            [11] Employment letter: You should ask your employer to provide you this and you should have it when you go to the interview. Including any W-2 or anything relevant to it. It is relevant to prove your employment information on the application. Some officers are known to have asked about this from some applicants.

                            [12] Documents to prove your residency in your State: You must carry some kind of document to prove your residency in the state or place where you live as applicants for naturalization must need to live at least 3 months in a place before filing for Naturalization. Those documents could be, utilities bills, rent/lease/mortgage papers, bank statements, other bills like credit cards and etc, or employment or school record if you work or study there.

                            It is also reported that some officers did ask for these to verify the accuracy of applicant's residence information mentioned on citizenship application. It's relevant to the information on the application and it is also relevant to know your eligibility since an applicant for naturalization must have to live at least 3 months in a place before filing an application for naturalization from there. So officer retains the right to demand for it.

                            [13] Pencil: In one of the immigration forums, an applicant was asked to sign the back of his photos with pencil, but he could not be able to find a pencil anywhere in the whole USCIS building, which made him to go out and come back some other time, which delayed his application. So, it is advisable to carry it with you. It doesn't hurt to be over prepared than not.

                            [14] Bring the copy of your I-140, or I-130, or I-360: Thru some recent cases, it has come to light that some officers have asked for a copy of approval of any of the above said petition, which was the basis of obtaining a green card. They have asked this because they were not able to receive the whole Alien file at the time of interview from Service Center, and sometimes some officers would want to know how you have obtained your green card. Again, it is also relevant to the application as to applicant's eligibility. If you won't have this with you and officer doesn't receive your whole file either then the decision on your case would be delayed by many months or year.

                            [15] Letter from Selective Service: If you are a man who are/were previously required to register with selective service, then you must bring a ˜Status Information Letter' with you to the interview, which you can easily obtain thru Selective Service. No need to explain to Selective Service why did you fail to register if you did not register with them before. Because they don't care why you failed because they could only give you a letter that would explain if you were required to register or not. That is.

                            You CANNOT register once you turn 26 yrs of age, but if you were in the US at ANY STATUS (even illegal) except valid nonimmigrant visa status between the age of 18-26 then you were required to register with Selective Service, which means you would need to get Status Information Letter from Selective Service regardless of when you got your green card.

                            The point to understand is-it doesn't matter when you received your green card while the matter is-whether or not you were in the US between the age of 18-26 in ANY STATUS other than valid nonimmigrant status. If so, then you were required to register and would need a letter form Selective Service. Period.

                            Your application for naturalization will be denied if you are a man and were in the United States between the ages of 18-26 and failed to register for selective service willfully and intentionally. But if you can convince INS officer that your failure was not willful then officer will be able to approve your application. So, it is better to bring an explanation letter (a notarized affidavit) with you at the interview, wherein you should explain very clearly that- [1] your failure was not willful; and [2] you were not aware of this obligation; and [3] you did not receive any notification on this either from USCIS or from Selective service.

                            Men's age does play a very important role during the time of naturalization. Because if a male did not register with Selective Service when he was required to register, no matter for whatever reason, then officer may deny his application unless he reaches 31 of age. Once a male reaches to the age of 31, then 97% of chances are this issue becomes irrelevant. And after the age of 37, it is 100% because then this Selective Service issue becomes completely mute and a non-issue even though he had failed to register deliberately.

                            The age requirement is very tricky. It says-if a male who is at least 18 years old but is not yet 26 years old MUST need to register. So when it says-not 26 yrs old then it seems to ME that a male who is 25 yrs + 11 months + 29 days+ 23 hours+? minutes+? seconds+? nano seconds+??? falls within this requirement.

                            Males on VALID tourist visa, student visa or on any other nonimmigrant visa are not required to register with Selective Service.

                            You can check these links to read EVERYTHING about Selective Service.

                            http://www.sss.gov/must.htm

                            http://www.sss.gov/FSwho.htm

                            http://www.shusterman.com/natz-ss99.html

                            [16] New application or a separate piece of paper about Updated information: If there is any change occurred about any information after filing the naturalization application, including those which were forgotten to include on the application at the time of filing, then you must bring the relevant part of the application with updated information, or provide those updated information on a separate piece of paper. This way officer will just attach that new updated information/application in applicant's file. Officers like when someone makes their job easy; otherwise they have to write everything on the application.

                            [17] Review your whole application thoroughly: It's highly advisable to have your whole application reviewed many times before appearing at interview since officer may ask you anything that you have mentioned on your application. Recently many naturalization applicants tell me that they were asked verbally about their height, weight, and address and about other more information. Perhaps, officers wanted to make sure that applicant hasn't provided wrong information on the application.

                            [18] Green Card: You MUST be asked to present it at the time of interview. It is asked to verify the legal status of applicant. If you have lost it or misplaced it then you should get the stamp of it prior to appearing in interview. Just show the stamp of your status on your passport or the receipt (NOA) about applying for its replacement.

                            [19] Proof of supporting your minor children residing outside of your home: If you have minor children outside of your home, you need to bring evidence of your payment of financial support, such as cancelled checks, money order, receipts and bank drafts showing your payment record, along with copies of any court or government orders relating to the required payment. You may also take notarized affidavit from other spouse about telling that you have been paying timely child support.

                            [20] Ink or ball pen: It's my advise to take this with you because if you belong to the district office wherein oath is administrated at the same day of approving naturalization interview, then officer might ask you to PRINT your name on the front of the photos for the purpose of affixing it on the naturalization certificate.



                            Documents needed to submit along with application for Naturalization (N-400):

                            Each applicant for naturalization SHOULD submit the following along with their naturalization application:

                            [1] Cover letter: Though submitting a cover letter along with your naturalization application is not necessary, however it is highly recommended, wherein applicant should explain briefly about the basis of his/her eligibility for naturalization, such as if the application is being filed under 3 yrs rule for being a spouse of a US Citizen or under 5 yrs rule, or under any other eligibility in the law. This helps greatly to adjudication officers to know the basis of applicant's eligibility right away at very first glance, otherwise sometimes some people's eligibility is very hard to determine being complicated. And, not every adjudication officer is that much familiar with all the eligibilities for naturalization even though they are adjudication officers since laws on immigration are kept changing very frequently and rapidly. Besides at the time of naturalization, adjudication officers do pay attention to a cover letter, believe it or not.

                            [2] Copy of front and backside of green card. It must be a very clear copy so that information could be read very clearly thru it.

                            [3] Two identical colored photos, wherein applicant's full name and A# should be written by light pencil in the back of them. Photos should be as same style and size as we need for a passport, means- a front view of the applicant and not the side view as the pictures with side view are no longer accepted for immigration purpose. Further, photos should be taken within 30 days of filing the application.

                            [4] Check or money order for the right amount of the processing fees for the application: Though it doesn't make much difference how you would choose to pay the processing fee, however it should be known that sometimes Service Centers, particularly TSC, and some district offices (if you would file any other petition/application with them with fees) do wait for a receipt (NOA) to send out to an applicant until a personal check gets cashed out if an applicant pays the processing fees with his/her personal check.

                            Nevertheless, it is always better to pay the processing fee with a personal check because if you choose to pay the processing fee by money order then it would not only be hard but also a time and money consuming to track down the proof of payment. Because, then you would require to file a paper work with postal service if money order is purchased from a post office, wherein you would be ended up paying some money (maybe $2 or $6) to track down if such money order is cashed out or not. And it also takes almost 60 days for a post office to furnish this request.

                            But if you would pay by your personal check then you would be able to receive the cancelled check back from your bank once USCIS will cash that out, which means-there won't be a waste of time and money in tracking down the fees, and you would also have a solid proof to prove to USCIS about them having the processing fee from you on your application. But make sure to write your A# and the N-400 on the top of the check where your name and address is printed.

                            [5] Divorce/Annulment Decree: If you were previously married, then you must need to send the divorce/annulment decree to INS to prove that your previously marriage has ended legally.

                            [6] Certified Court record(s): If you ever been arrested or charged for a crime, then you must need to send certified copy of the disposition of your case to INS. If your criminal case is still going on, then don't bother to file Naturalization because INS will deny your application anyway.

                            [7] Status Information Letter from Selective Service: If you are man, who was required to register with Selective Service, must need to send Status Information Letter'.

                            The following additional items MUST be submitted if you are applying as a spouse of a U.S. citizen:

                            [1] Proof that your spouse has been a U.S. citizen for more than three years, such as birth certificate, naturalization certificate, certificate of citizenship, or U.S. passport.

                            [2] Your marriage certificate.

                            [3] Proof of termination of ALL prior marriages of both- you and your spouse (if any).

                            [4] Evidence of bona fide marriage - bring any documents which would assist in establishing the validity of your marriage such as (but not limited to) joint tax returns, deed, lease agreements or home ownership documents, credit accounts, joint tax returns, proof of joint ownership of other property such as investments, stocks, bonds, automobiles, life insurance, health insurance.

                            [5] Birth certificates of your children, if any.

                            Furthermore, EACH and EVERY applicant for naturalization should also make sure- [1] that the application form [N-400] is the latest version and not the outdated one, [2] to submit the right amount for the processing fee; [3] that application should have properly signed by him/her, [4] application should be mailed to right address, depending on the jurisdiction. If applicant fails to follow any of these protocols then his/her application would be either returned or denied. Also, make sure not to staple pictures, check or any other document to the application. And, check or money order for processing fee should be placed on the top.

                            Further, applicant should also know that once an application for naturalization is mailed in, s/he should not try to mail additional document or updated/corrected information to INS Service center even if applicant would realize later on that s/he either has made a big mistake on his/her application or has forgotten to include an important document/fact on his/her application, unless USCIS specifically asks for that information/document thru RFE (Request for Evidence). Applicants are allowed to submit/correct/update those important document/information during the time of their interview. Also, always make additional copy of anything that you send to USCIS as USCIS has a tendency of loosing files very often.

                            And if an applicant EVER has any kind of run-around with law enforcement agencies, then it is my very strong recommendation to speak to an immigration attorney before filing naturalization application. Otherwise, applicant may end up in being deported. Since immigration laws are very complicated and there is nothing in 'black & white', it is in the best interest of applicant to first talk with an immigration attorney before filing naturalization application. Because, even if a criminal charge against an applicant has been dismissed without any conviction, arrest, fingerprint, detention or anything like that, still it is advisable to have your attorney reviewed all the documents relating to criminal charges if s/he is ever been charged for a crime. Because, under immigration laws, even a "nolo contesto' is considered a ground for deportation. I mean- a person may have avoided a jail time by doing some deferred prosecution thru restitution or community service, but still in some instances even agreeing to a pre-deal like restitution or community service can still be considered a deportable offense as USCIS may have different interpretation on these situations/laws. So, never file naturalization if you have any run-around with laws unless you first speak to a reputable immigration attorney who is specialized in immigration and criminal laws.

                            After a few days later of filing the naturalization application, maybe 2-4 weeks later, you will receive NOA [Notice of Action] as its receipt. Don't be surprised if NOA would state that there are still some documents missing on your application. Because, it is a generic computerized NOA, which they ALWAYS send out to everyone if you have checked in something that could be questionable for your citizenship chances, despite of them submitting all the required documents. Also, don't worry either if you don't receive an appointment letter for fingerprinting within a month or so after filing the application, even if you would know someone who might have filed the application after you has already received the fingerprinting appointment. Because, each officers in Service Center operate differently. Some may send out the fingerprinting notice right away within a month of receiving the application, while others might send that out after few months later. Either ways, it takes anyway only 1-2 business days to receive the fingerprints report back from FBI once fingerprinting is done as everything is done thru online between FBI, CIA and USCIS.

                            The only time fingerprinting report would take more than normal time if FBI would receive illegible fingerprints on an applicant to read them clearly, or if they have lost/misplaced the fingerprinting data on an applicant, or if applicant's name may have hit their list of "persons of interest". It's my observation that most of times-applicants from certain countries do go thru a higher scrutiny with FBI than applicants from other countries. And then it may take a very long time for FBI to clear them up. However, you can always call USCIS customer service to find out the status of your fingerprint report after a few days later of your fingerprinting. They will be able to tell you right away whether it is cleared or not. But, you should wait at least 2-3 weeks after a fingerprinting is done before calling USCIS to find out the status of your fingerprinting report since it takes at least 14 business days for a fingerprint report to show up in the USCIS computer system once FBI sends them back to USCIS.

                            And if couples of weeks have passed by and your fingerprinting report still doesn't get cleared then you should be proactive and should do everything in your power for FBI to send their report to USCIS on your fingerprinting. It applies to the applicants for adjustment of status also as fingerprinting report is also required in their cases too. Contacting congresspersons on this won't help even a little bit, trust me.

                            You might like to check out one of my postings on this, which I made a year ago. Here is the link-

                            http://discuss.ilw.com/eve/ubb...603441/m/26910955221
                            Hey Sammy, need some advice,
                            So, I have been a permanent resident since April of 2005. My green card is unconditional and is valid for 10 years. I received my green card through my ex-wife who was a US citizen. I directly received an unconditional Green card because at the time of interview, we were married for over 2 years. I also had an approved Employment Based petition which I received 2 months before I filed through my spouse, but because she did not want to move to a different state I had ended up filing through her. 1 year after I received my green card, we went through a divorce. We were separated as of January 2006 and the divorce was finalized in June 2006. i later married again after a year to a US citizen and have been married currently to her for over 3 years. I am eligible to file for naturalization under the 5 year eligibility law.
                            I am concerned if I will have problems due to my divorce with my wife through whom I got my Green Card?
                            I entered the marriage in good faith, and have documents to prove that we were conducting our lives together as married.
                            what can I expect and if I should take any precautions?
                            Thank you so much......

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