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  • #16
    Your intent is material to the decision by USCIS - when adjudicating your naturalization application - to grant prosecutorial discretion from removability referrals

    In my experience, a contrite attitude rather than a defensive attitude will more likely win you favorable discretion

    Since you have already filed your naturalization application which omitted your crime, you must make a timely retraction. Otherwise, you risk a denial of your present naturalization application, and yet another bar to a finding of good moral character in your future naturalization applications

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    • #17
      Originally posted by inadmissible View Post
      Your intent is material to the decision by USCIS - when adjudicating your naturalization application - to grant prosecutorial discretion from removability referrals

      In my experience, a contrite attitude rather than a defensive attitude will more likely win you favorable discretion

      Since you have already filed your naturalization application which omitted your crime, you must make a timely retraction. Otherwise, you risk a denial of your present naturalization application, and yet another bar to a finding of good moral character in your future naturalization applications

      What do you mean a timely retraction?
      Are you saying I should be forthcoming if the IO asks me if I have any questions of asks me If I would like to make any change to the application before the questioning start?
      Last edited by Ducati; 05-21-2018, 05:21 PM.

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      • #18
        Wow!! didn't know about this, great info on this thread
        I will try to provide the best advice I can
        Ph: (281) 5366866

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        • #19
          New Jersey did the exact same thing to me, but luckily the date shown for registering was 8 days after I did my Oath.
          Anything I post is personal opinion or information from personal experience. This is not legal advice.

          Mailed Application N400 - 11/14/2017
          Interview N400 - 6/07/2018
          Oath - 8/30/2018

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          • #20
            Originally posted by pmf123 View Post
            New Jersey did the exact same thing to me, but luckily the date shown for registering was 8 days after I did my Oath.

            Its amazing. I could not believe I had singed that form. I am beating myself about it and I wish I had ripped it up.
            It was a crazy time for me. We had just had our 2nd child, closed on a home and start to move in the same month of oct.
            We had finally found time to go and transfer our license so we could switch our auto insurance to NJ. When I presented my FOREIGN passport and GREEN CARD to the clerk
            I should have not been given the voter registration card.
            He instructed to fill out and sign ALL forms and return to him.
            Now I know some of you are dads and moms, and I'm sure you can relate when you are trying to do something you are always keeping your full attention on your kids.
            this is a total case of me being a space cadet at that particular time.
            Un-friggin REAL.

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            • #21
              Originally posted by Ducati View Post
              Its amazing. I could not believe I had singed that form. I am beating myself about it and I wish I had ripped it up.
              It was a crazy time for me. We had just had our 2nd child, closed on a home and start to move in the same month of oct.
              We had finally found time to go and transfer our license so we could switch our auto insurance to NJ. When I presented my FOREIGN passport and GREEN CARD to the clerk
              I should have not been given the voter registration card.
              He instructed to fill out and sign ALL forms and return to him.
              Now I know some of you are dads and moms, and I'm sure you can relate when you are trying to do something you are always keeping your full attention on your kids.
              this is a total case of me being a space cadet at that particular time.
              Un-friggin REAL.
              Ok, I have retained an attorney to accompany me at the interview. I just have way too much at risk.
              Do you guys think that bringing an attorney with will inflame my mistake of registering to vote?
              Please let me know.

              Comment


              • #22
                Originally posted by Ducati View Post
                What do you mean a timely retraction?
                Are you saying I should be forthcoming if the IO asks me if I have any questions of asks me If I would like to make any change to the application before the questioning start?
                Here is a description of timely retraction. Yes, you need to be forthcoming and voluntarily disclose that you put an incorrect answer on the form.

                - - - Updated - - -

                Originally posted by Ducati View Post
                Ok, I have retained an attorney to accompany me at the interview. I just have way too much at risk.
                Do you guys think that bringing an attorney with will inflame my mistake of registering to vote?
                Please let me know.
                I think bringing an attorney won't make it worse.

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #23
                  Originally posted by newacct View Post
                  Here is a description of timely retraction. Yes, you need to be forthcoming and voluntarily disclose that you put an incorrect answer on the form.

                  - - - Updated - - -



                  I think bringing an attorney won't make it worse.


                  Ok- That was my plan. To truthfully answer the question of "HAVE YOU EVER REGISTERED TO VOTE?" and explain how, when and why it happened.

                  I hope that the IO doesn't get the wrong idea of me for bringing an attorney along. I feel he might get the sense that Im guilty by bringing an attorney. I just dont want to make any costly mistakes
                  and that is why I retained an attorney.

                  Thanks again for your help. I will keep you posted.

                  Comment


                  • #24
                    Originally posted by Ducati View Post
                    What do you mean a timely retraction?
                    Are you saying I should be forthcoming if the IO asks me if I have any questions of asks me If I would like to make any change to the application before the questioning start?
                    Explained at https://www.uscis.gov/policymanual/H...pter2.html#S-F

                    Comment


                    • #25
                      Dmv records

                      Ok everyone,

                      I have requested my DVM records.
                      These records show the forms I filled out.
                      I also called them and I had them verify which forms of ID I surrendered to meet my 6 point ID requirement.
                      Lady said I surrendered my:
                      NY drivers License.
                      My social Security card
                      My FPP, which is my Foreign PassPort.
                      and PRC which I don't know what that is and neither did she.

                      She then told me that I had a visit in 2017 for my Motorcycle Permit, (totally forgot) and stated that I had said NO to voting.
                      Once I got my motorcycle license I had to go back in 2018 to add the Motorcycle Endorsement and I also said NO to voting.

                      This evidence should help me prove that I never intended to register.
                      What are your thoughts?

                      Comment


                      • #26
                        Originally posted by Ducati View Post
                        Ok everyone,

                        I have requested my DVM records.
                        These records show the forms I filled out.
                        I also called them and I had them verify which forms of ID I surrendered to meet my 6 point ID requirement.
                        Lady said I surrendered my:
                        NY drivers License.
                        My social Security card
                        My FPP, which is my Foreign PassPort.
                        and PRC which I don't know what that is and neither did she.

                        She then told me that I had a visit in 2017 for my Motorcycle Permit, (totally forgot) and stated that I had said NO to voting.
                        Once I got my motorcycle license I had to go back in 2018 to add the Motorcycle Endorsement and I also said NO to voting.

                        This evidence should help me prove that I never intended to register.
                        What are your thoughts?
                        That should help a great deal along with being upfront and honest with the officer presiding offcer at your interview. also I would assume that the PRC would be your Greencard or permanent residence card.
                        This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

                        -Krypton9591

                        Comment


                        • #27
                          Originally posted by krypton9591 View Post
                          That should help a great deal along with being upfront and honest with the officer presiding offcer at your interview. also I would assume that the PRC would be your Greencard or permanent residence card.
                          Hey Thanks.
                          PRC DUH! Ok I overnight my request. I hope I receive this info before my interview.
                          I really am regretting hiring an attorney. I feel it is going to show the IO im guilty of something.
                          The reality is that I need someone there as I have heard that some officers take advantage of vulnerable individuals when they have made mistakes as I did.
                          Plus, I can't stop thinking of my dad. I hope I can get neutralized so I can go and visit him.
                          Thank you all for your input.

                          Comment


                          • #28
                            Originally posted by Ducati View Post
                            Hey Thanks.
                            PRC DUH! Ok I overnight my request. I hope I receive this info before my interview.
                            I really am regretting hiring an attorney. I feel it is going to show the IO im guilty of something.
                            The reality is that I need someone there as I have heard that some officers take advantage of vulnerable individuals when they have made mistakes as I did.
                            Plus, I can't stop thinking of my dad. I hope I can get neutralized so I can go and visit him.
                            Thank you all for your input.
                            I wish you the best of luck on your interview.

                            One student who had a lawyer did not pass because her English was so bad that it did not matter if she had a lawyer or not.
                            Another two students (One had a DUI and the other a domestic violence background). I suggested lawyers, but they declined and still passed their citizenship without them.

                            I gave another student the option to call in the expertise of a lawyer due to the fact that he had a head injury (years of professional boxing) and could not remember dates. Before he hired the attorney, I had him make a "cheat sheet" list of all important dates and asked USCIS if it was permissible for him to look it up during the interview. They said that depending on the officer, "yes." He opted not to ask for a disability waiver or lawyer and passed on his own. I was glad that he opted to try the interview without a lawyer, as they are very expensive. On the other hand, I didn't want them to lose their citizenship. At any rate, if they failed they had 8 weeks or so for their second attempt on the same $800.00 application fee.

                            It is a personal choice, what I would do is different than what any given student would do. I was told from USCIS that they like the applicant to explain their situation themselves, in English. If they can't, then an interpreter or lawyer may be helpful.

                            Yours may or may not be a serious case. It is all up to you. Try to think positive and tell the truth. Let us know what you decide (lawyer or no lawyer) and what happened. You can help others with your unfortunate situation. The outcome can go either way.
                            I am not a lawyer and this is not legal advice. JMHO.

                            Comment


                            • #29
                              Approved!

                              Originally posted by suziq38 View Post
                              I wish you the best of luck on your interview.

                              One student who had a lawyer did not pass because her English was so bad that it did not matter if she had a lawyer or not.
                              Another two students (One had a DUI and the other a domestic violence background). I suggested lawyers, but they declined and still passed their citizenship without them.

                              I gave another student the option to call in the expertise of a lawyer due to the fact that he had a head injury (years of professional boxing) and could not remember dates. Before he hired the attorney, I had him make a "cheat sheet" list of all important dates and asked USCIS if it was permissible for him to look it up during the interview. They said that depending on the officer, "yes." He opted not to ask for a disability waiver or lawyer and passed on his own. I was glad that he opted to try the interview without a lawyer, as they are very expensive. On the other hand, I didn't want them to lose their citizenship. At any rate, if they failed they had 8 weeks or so for their second attempt on the same $800.00 application fee.

                              It is a personal choice, what I would do is different than what any given student would do. I was told from USCIS that they like the applicant to explain their situation themselves, in English. If they can't, then an interpreter or lawyer may be helpful.

                              Yours may or may not be a serious case. It is all up to you. Try to think positive and tell the truth. Let us know what you decide (lawyer or no lawyer) and what happened. You can help others with your unfortunate situation. The outcome can go either way.
                              I am not a lawyer and this is not legal advice. JMHO.
                              I am a PROUD and ECSTATIC US CITIZEN. Thank you all for your input. God bless you all and God bless this AMAZING COUNTRY OF OURS.
                              GOT APPROVED AND SWORN IN on THE SAME DAY.

                              It was an amazing ceremony and I will never EVER forget it. Wish my dad was there to see it.
                              I called him the next day he was INCREDIBLY proud of me and cried.

                              Thank you all again.

                              Comment


                              • #30
                                Originally posted by Ducati View Post
                                I am a PROUD and ECSTATIC US CITIZEN. Thank you all for your input. God bless you all and God bless this AMAZING COUNTRY OF OURS.
                                GOT APPROVED AND SWORN IN on THE SAME DAY.

                                It was an amazing ceremony and I will never EVER forget it. Wish my dad was there to see it.
                                I called him the next day he was INCREDIBLY proud of me and cried.

                                Thank you all again.
                                Congratulations Ducati, I wish you all the best.

                                Comment

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