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  • NATURALIZATION PETITION DENIAL

    I got a denial letter last week from INS for my naturalization petition. I had misdemeanor shoplifting charge last year and reduced to disorderly conduct charge in court. I paid $305 fine, and the case was susequently dismissed. After the naturalization interview, The INS officer gave me a form N-14 and told me to write a notarized statement explaining the circumstance of my shoplifting arrest, the reason for my actions and why I was charge disorderly conduct as well.

    The denial reason is that my statement regarding the circumstance of arrest disagrees with the police report. INS maintains that I lied in my statement based on the discrepancy, and that I don't have good moral character for lying. I did reveal my arrest and gave them the certified arrest and certified court disposition and all the information they required during my application and interview.

    I wonder whether INS is wrong to deny me solely based on the police report. I am preparing to appeal for their denial. Could you please let me know what documents I need to provide to this appeal? Thank you.

  • #2
    I got a denial letter last week from INS for my naturalization petition. I had misdemeanor shoplifting charge last year and reduced to disorderly conduct charge in court. I paid $305 fine, and the case was susequently dismissed. After the naturalization interview, The INS officer gave me a form N-14 and told me to write a notarized statement explaining the circumstance of my shoplifting arrest, the reason for my actions and why I was charge disorderly conduct as well.

    The denial reason is that my statement regarding the circumstance of arrest disagrees with the police report. INS maintains that I lied in my statement based on the discrepancy, and that I don't have good moral character for lying. I did reveal my arrest and gave them the certified arrest and certified court disposition and all the information they required during my application and interview.

    I wonder whether INS is wrong to deny me solely based on the police report. I am preparing to appeal for their denial. Could you please let me know what documents I need to provide to this appeal? Thank you.

    Comment


    • #3
      AAARRGHH! Linda this is an outrage! I am sick and tired of INS playing 'HOLIER THAN THOU' game. Girl you go get 'em.

      Comment


      • #4
        Then Bill should have his citizenship removed since he lied UNDER OATH...but figure he is a dem and can't get away with lying...

        Comment


        • #5
          WARNING- I'm not the person above me who posted as guest.

          Contact an attorney since this denial can actually lead to your deprtation. There are many instances (search on the web) of people who commited a minor crime years ago and they were denied citizenship and put in deportation proceedings. Yours occurred a year ago that could be a probelm as INS I hear requires that you be clean at leaset with in the statutory period prior to applying for citizenship. I suggest that you immediately contact a competent immigration attorney.

          Comment


          • #6
            Thank you for your response.

            In my denial letter, INS indicated that I may reapply on April 2007, that is five years from now. Since they already indicated the date I may reapply, I check with the attorney whether they will deport me or not and will post in this board. I appreicate your warning.

            Comment


            • #7
              You should be very O.K. if the INS letter indicated that you're eligable to re-apply again in 2007. I wouldn't appeal at this stage and just wait it out. It is going to be very very difficult to prove "good moral character" with a one-year-old conviction...

              I had an arrest, N-400 denial many many yrs. ago and it was breaking my heart. Trust me on the "good moral character" thing!

              Comment


              • #8
                Dear Linda:

                Why didn't you have your record expunged prior to applying for naturalizaion?

                Comment


                • #9
                  I think you should APPEAL,pay the fee,and go through the appeal process.During my N-400,I had an arrest for Soliciting,the case was DISMISSED and SEALED.I got an N-14 letter to submit the court disposition,which I did,the petition was approved and I am swearing in this week.The appeal is done by a different INS officer,plus even if you are denied again,you can still apply in in the five year time period.Please talk to a lawyer,but try the appeal process.

                  Comment


                  • #10
                    I agree with JD. At this point you certianly have nothing to lose by trying it. You have a good chance of winning your case.

                    Comment


                    • #11
                      I appreciate your response and suggestion to my posting. I just hired an attorney to help me to handle the appeal. She said that I stand a good chance to win the appeal. She also told me that INS is wrong to deny my petition based on police report because some policemen do lie and twist the fact on their report.

                      It has been a very stressful process since I submitted my N-400 Naturalization application last August. And this is the second time INS denied my naturalization since August 2001. I got first denial letter on May 29, 2002. The reason was that I failed to provide them the notarized statement regarding the circumstance of my arrest required in their N-14 form. Actually, I sent them THREE times the same notarized statement within one-month time limit, and each time, they told me that they did not receive my statement. I was angry and came to the local INS field office and talked to the superviser (of my examiner) and show her the proof of my submission. Finally, she agreed to reopen my case. On Aug. 14, 2002, I got the denial letter again from INS, the reason is that there is a descripancy between my statement and police report, and I was not completely truthful.

                      Anyway, I appreciate your support and will post and let you the result of this appeal.

                      Comment


                      • #12
                        Just for your information. http://www.cuny.edu/citizen/guide01/citizen_guide.html. In the "Good Moral Character requirement" section, it says disorderly conduct conviction CANNOt prevent you from providing that you have a good moral character.

                        Comment


                        • #13
                          Just so everyone knows INS policies.. If you do have a crime expunged, you MUST still report it to the INS... This is very easily found under the INS faqs on their website..

                          Comment


                          • #14
                            What documents can be helpful for the appeal?

                            Comment


                            • #15
                              An expungement under state law has no effect on federal immigration law.

                              In plain English; if you were convicted, you remain "convicted for immigration purposes". The only exception to this right now is a first time minor drug offense that would qualify you fo rthe federal "first time offender act".

                              Also, people with plea bargains, non felony convictions prior to 1997 will have a very limited opportunity to apply for a special re-instituted 212 waiver (it will expire in 180 days after October or November 2002 once it comes into effect).


                              Q & A: what is conviction for immigration purposes?
                              1. plead "guilty" or "nole" or "not guilty" but were found "guilty" by the judge/jury
                              2. have received any kind of "punishment" - anything included (just a minimal fee, self-improvement classes, civil service, probation, jail. etc.)

                              As far as I can see, first poster, you stand convicted for immigration purposes, another person stated that it was for "disorderly conduct" but that was the "bargain" the original deal was for shoplifting which is a moral turpitude issue.

                              Comment

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