What do you think this guys chances are

[ndu26 114]

I have read stories of people claiming to be USC and most of us have always wondered out loud here how that could be unintentional. Well just few days after hubby's arrival, we were talking and he said something to the effect of "well I am a USC"!!!!!!

My panic button went into overdrive and I started asking him if he signed anything at the airport to that effect...luckily we have not started any paperwork yet. He said the only thing he did was step into the line for USC at the airport for faster processing( I had suggested that to him) as the line for other groups are usually too long.

At the point of our conversation,i realized how he could have innocently made a grave mistake somewhere in future down this immigration journey and proceeded to stress the consequences of claiming to be a USC when one is not.

I just hope it works out for this guy. USCIS probably wants to investigate and do a root cause analysis regarding the oath ceremony issue.

[Hypnos 6,576]

If I had to guess I would say that USCIS is probably going to use those two months to subpoena his voter registration form from the county concerned. When he returns after those two months they will probably deny his N-400 and issue him a Notice To Appear in Immigration Court where they will bring removal proceedings against him for falsely claiming to be a US citizen. He may even be arrested on the spot when he returns in two months.

I would do two things:

(1) Hire an amazing lawyer and have them attend the office with you when he is scheduled to return in two months.

(2) Be prepared for this to get very bad, very quickly.

[NigeriaorBust 4,087]

Thanks for concurring with my "OMG" response, I guess they have gone from oh well it is a bit delayed to hiring a lawyer and complaining about the costs. I am still not sure if "filling IT out and sending it in " was voter registration or absentee ballet. Even before I posted I was warning them that the normal path from false claim was deportation. I got a wide eyed "but all he did was vote" People just don't understand the few things restricted for residents are really really important to the government.

Thanks for concurring with my "OMG" response, I guess they have gone from oh well it is a bit delayed to hiring a lawyer and complaining about the costs. I am still not sure if "filling IT out and sending it in " was voter registration or absentee ballet. Even before I posted I was warning them that the normal path from false claim was deportation. I got a wide eyed "but all he did was vote" People just don't understand the few things restricted for residents are really really important to the government.

[Highyella72 11]

I find it strange that he went to his interview and didn't receive an oath ceremony appointment. When I went to my interview 2 years ago after I interviewed and was approved, I was told to wait in the lobby. I was then called to a window and given a purplish pink paper that had the oath ceremony date, time and place, which was a one month later, I attended it. I would have never left without a date, time and place for an oath ceremony, or at least an explaination of what was to happen next and what to expect.

I lived in the U.S. as a green card holder for nearly 30 years and I knew not to register or to vote until I had the certificate of citizenship. Honestly, it doesn't look very good for him, and it is sad.

[Highyella72 11]

I do feel bad for him. They really should explain at your interview and remind you that you are not yet a citizen and should not do anything as a citizen including voting. I think some people come out excited and if things had been explained to them a little in detail, this may have been avoided. And having gone thru the interview process, they don't say much but congratulations and asked me to go and wait in the lobby until my number was called. At which time I was given the Oath date, nothing more.

[amykathleen2005 441]

So hubby comes to me today with the story of a friend of a friend. Don't know total details but here are the basics

Person came to US with DV lottery , has 10 year gc lives "back east" probably either NC or GA if that makes a difference.

Applied for citizenship , passed interview supposely never heard about oath

Made infopass , went in and they asked him why he had voted , he told them his brother had brought the forms and he filled/sent them in.

They tell him he needs to return in 2 months.

Hubby is thinking they are just going to give the guy his USC because they asked him to come back.

I am thinking they are getting ready to pull the filing and worse.

He needs to get an attorney to file for a cancellation of removal ASAP (assuming he qualifies)

Edited June 18, 2013 by amykathleen2005

[Hypnos 6,576]

CoR is a big hail-mary move. If you win you get a green card, if you lose you get deported. In saying that, it could come down to it if all other options are exhausted. You also cannot do it until ICE begins removal proceedings against you.

[HeatDeath 430]

I just had my citizenship oath on Wednesday, and went to register to vote today.

It is not that much of a stretch to walk out of the IO's office from the N-400 interview thinking you're a citizen. The IO sometimes won't make the distinction between N-400 approval and citizenship [and the necessity of swearing an oath before you're actually a citizen] all that clear. It's quite possible to miss it, particularly if your English literacy is very weak (just this side of what's needed to pass the interview).

It is harder to see how he got out of the IO's office not knowing there would be an oath ceremony. My IO made it very clear that there was an oath ceremony and when I could expect to get the notice. He even told me that the answer to all the questions on the oath ceremony notice questionnaire were "No".

In Utah, registering to vote requires no ID. You fill out a form and mail or deliver it to an office at the county. The form asks you straight up to check "Yes" if you are a citizen, directs you not to fill out the rest of the form if the answer is "No", and has warnings of fines and jail time if you register to vote knowing you aren't eligible (in English and Spanish). They give you enough rope to hang yourself, but appear to place no real boundaries to prevent fraudulent registrations.

Apparently they do check everyone's ID at the polling place. Looking at the list of documents they'll accept, it may be theoretically possible for PRs to slip through and vote. [They're primarily looking at driver licenses, which are available to PRs.]

I don't know when or how ID is checked if you request absentee or mail in ballots.

I strongly suspect "I wasn't told I needed an oath ceremony, or that such a thing existed" will not wash, particularly given how the M-476 Guide to Naturalization describes the process in detail.

TL;DR: Lawyer up!

Edited June 18, 2013 by HeatDeath

[TBoneTX 45,469]

I just had my citizenship oath on Wednesday, and went to register to vote today.

Three cheers, si man!!!!!

[VanessaTony 3,567]

So hubby comes to me today with the story of a friend of a friend. Don't know total details but here are the basics

Person came to US with DV lottery , has 10 year gc lives "back east" probably either NC or GA if that makes a difference.

Applied for citizenship , passed interview supposely never heard about oath

Made infopass , went in and they asked him why he had voted , he told them his brother had brought the forms and he filled/sent them in.

They tell him he needs to return in 2 months.

Hubby is thinking they are just going to give the guy his USC because they asked him to come back.

I am thinking they are getting ready to pull the filing and worse.

Any idea what happened here?