Citizenship denied for lack of good moral character

[Gina & Dan 2]

Provided your initial post is correct. I AM NOT A LAWYER but have directly asked for this answer before when filling out a government form. The answer is unless a judgement of guilty is handed from the judge you answered the question correctly. An arrest in the United States means nothing, you are innocent until proven guilty. You also did not misrepresent on the form, because you were told the case was dismissed. Therefor you were found innocent and it does not exist. I would however make sure your facts are in order. Get the original dismissal notice, if you plead guilty to a lesser offense you were guilty though. Take that to your lawyer and file the appeal. If there is inconsistency in the court order and what your were told, get the court transcripts. You first need to show you did not "Intentionally Misrepresent" this is why where you sign it states you have not KNOWINGLY given false information.

If the question was arrested, you were incorrect. You will need to show how based on the dismissal it was an error/misunderstanding and not an intentionaly misrepresentation.

Good Luck

Actually just went and looked at the form itself. My response was more to the generic question about convictions but this was very specific. The text clearly states ever arrested or detained, and the header states that Regardless if it was sealed or cleared.

[bahaynamin 13]

ya know, some people on this site are soo immature! When somebody asks a question they aren't asking for you to judge them they are asking for your help. SO if you think the person is an idiot than keep it to yourself, YOU can be the bigger person and just not comment on the topic.

[Canadian in GA 34]

On a different note, it is terribly bothersome and tiring when people point to the right-doings of others as part of THEIR moral character. How does it make YOU a good moral character if your spouse is a physician? What have YOU done to deserve citizenship in the US? Apparently, the issue has already been decided; you were denied. Good luck on your appeal.

I completly agree. It struck a nerve when the OP said you need to respect a spouse who is fighting, doesn't matter if he is the president, or a garbage man- don't throw it out that someone needs to respect you, and thow the "fighting for our country" card- come on, everyone deserves respect, no matter what they/their spouse does.

[Deputy Purple 1,294]

Provided your initial post is correct. I AM NOT A LAWYER but have directly asked for this answer before when filling out a government form. The answer is unless a judgement of guilty is handed from the judge you answered the question correctly. An arrest in the United States means nothing, you are innocent until proven guilty. You also did not misrepresent on the form, because you were told the case was dismissed. Therefor you were found innocent and it does not exist. I would however make sure your facts are in order. Get the original dismissal notice, if you plead guilty to a lesser offense you were guilty though. Take that to your lawyer and file the appeal. If there is inconsistency in the court order and what your were told, get the court transcripts. You first need to show you did not "Intentionally Misrepresent" this is why where you sign it states you have not KNOWINGLY given false information.

If the question was arrested, you were incorrect. You will need to show how based on the dismissal it was an error/misunderstanding and not an intentionaly misrepresentation.

Good Luck

Actually, from the wording on the actual application (N-400), the OP should have answered Yes to questions 16 & 17 and at least one (if not both) 18 & 19.

16. Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?

17. Have you ever been charged with committing any crime or offense?

18. Have you ever been convicted of a crime or offense?

19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?

On June 2004 I had petty incident at Kohls for $15. I wasnt taken to the police station niether handcuffed or fingerprinted but got a ticket for it, went to the court, paid the fine and they told me the case is dismissed and it will be removed from my records.

1. Being issued a ticket is equal to being charged and released on your own recognizance.

2. You don't pay a fine unless you are convicted of something, pleading guilty or No Contest (No Lo Contentre) IS being convicted..

3. Regardless of what they were told, the case wasn't dismissed since they were convicted.

4. "It will be removed from my records" is akin to "Alternative Sentencing". I'll bet the true jist of the situation was, "As long as you aren't arrested for something in the next 6/12/18 months the conviction will be removed from your record".

Filing an appeal wouldn't be my first choice in this case as the appeal must represent that the application was correct and the decision was in error when the facts say otherwise is true.

Edited September 15, 2011 by Bob 4 Anna

[TiklingGuy 211]

WOW,first of all you are very rude and mean and your post is very ignorant. You don't need to personally attack someone with your opinions.

I didn't steal( Exchanded my item myself without going to the customer service.) I was 18 and that was very stupid. I didn't hide anything intentionally. I thought since I was NOT arrested then the answer to the question is NO. And I was wrong. Now I wantet to know what are my options. And just for your info, once you are married to a U.S-BORN Citizen, you won't get deported unless some serious homland security issues like terrorisim is the case. Besides if YOU think you are a good example of a good moral character, you better have some respect for someone who's husband is a Physician-Soldier and is putting his life for fighting for YOU and YOUR country.

You exchanged your item for something else without going to customer service first. First off you can't do that in America. Secondly using your military husband to demand respect from someone is not Honorable. That will only get you laughed at.

I would just wait another three years like everyone else said. Seems that you are just digging a deeper hole trying to fight a battle you cannot win.

[AlinaH 38]

I would go talk to a lawyer and figure out what the next best step is. No one on here is a lawyer, nor are they God. They have neither all the information or the right to judge. Good luck on whatever you decide to do!

[DM & JM 12]

I think some of you have gone over the top attacking this guy.To call him a thief when you do not know the facts of the case is not fair.He/she was simply asking for advice on how to proceed, not for people to sit in judgement and issue personal attacks.I want to apologize that you posted something here and this is the response you got.VJ is better than that.Sorry.As far as your situation, I dont know how to proceed.

I agree. Maybe some of these people here should have been the jury for the Casey Anthony's case. I am sure they would have found a lot of evidence there to have find her guilty. Yes, this person made a huge mistake, haven't you at any given time of your life? This person is just asking for advise on how to proceed. This is supposed to be a place where people can get help and advise, not to be attacked.

[JoannaV 174]

Personally I would just wait the 3 years. Apply again in 3 years including this time all the information as to exactly what the incident entailed, and you should be approved. Appealing now may be an option, but it will take a lot of time and energy and stress AND $650 plus lawyer fees. Personally it just doesn't seem worth it. But maybe you have a specific reason why you really want to be naturalized right now, maybe you have the opportunity to get a job that only citizens can do, I don't know.

[lbluemoonl 5]

ya know, some people on this site are soo immature! When somebody asks a question they aren't asking for you to judge them they are asking for your help. SO if you think the person is an idiot than keep it to yourself, YOU can be the bigger person and just not comment on the topic.

Thank you. I was just being honest about telling you all about my situation and just asked for advice. I already admitted that, that was a mistake and I shouldn't be that stupid to do such a thing. But what's done is done. You learn from your mistakes and move on with your life. Some of these users have good points and some comments are just as ignorant as can be and I simply ignore them.

Edited September 15, 2011 by lbluemoonl

[lbluemoonl 5]

Personally I would just wait the 3 years. Apply again in 3 years including this time all the information as to exactly what the incident entailed, and you should be approved. Appealing now may be an option, but it will take a lot of time and energy and stress AND $650 plus lawyer fees. Personally it just doesn't seem worth it. But maybe you have a specific reason why you really want to be naturalized right now, maybe you have the opportunity to get a job that only citizens can do, I don't know.

You are right. The more I think about it the more I agree with most of you to wait. I think I just paniced when I saw the denial notice. Never thought that would happen because in my heart I knew I told the truth but now I know that I misunderstood the whole question and it backfired me. However, I will talk to my attorny for the final advice and will decide based on his advice.

[keysjangle 145]

I really think that if you tried to appeal by saying "I didn't know I needed to disclose my past charges, etc" it will just make you look worse. Follow other's advice and wait that three years.

[lbluemoonl 5]

I really think that if you tried to appeal by saying "I didn't know I needed to disclose my past charges, etc" it will just make you look worse. Follow other's advice and wait that three years.

It's a tough situation for an appeal. I agree.

[Shakil 4]

I would go talk to a lawyer and figure out what the next best step is. No one on here is a lawyer, nor are they God. They have neither all the information or the right to judge. Good luck on whatever you decide to do!

I am not a lawyer but I am a paralegal.

[gigant 0]

No he brought her to the US legally she came in on a tourist visa. They were given information that this was OK to do even though it was not and it back fired on them. That is NOT terrorism and they were married AND!!!!!!!! she did not enter illegally.

can anyone pls kindly forward the link regarding this German lady?

Thank you so much

[Deputy Purple 1,294]

can anyone pls kindly forward the link regarding this German lady?

Thank you so much

Here you are...