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I was denied US citizenship based on moral character 3 years back.I'm too scared to try again after reading one can be deported?
Anonymous3 views3 answers
I've lived in this country for 30 years. I applied for my citizenship 3 years ago and got denied for moral character grounds.
So I had 2 issues:
1) Two case dismissed (one for battery when i was in college, other was a business tobacco permit thing for my gas station, that was dismissed right away.). I provided original documents of the dismissal. So no conviction.
2) During the interview she asked me about taxes I said "no, all my taxes are filed and I don't owe anything". She asked get 5 years accunt transcripts. When I got them I realized I didnt file 2 years in Illinois and owed some money. Basically my mistake. So I guess I'm deemed a liar =/
I fixed all my taxes. But I am too scared to re-apply because I'm reading that one can get deported. I'm a paranoid person. What should I do?
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You can safely reapply and will not be denied this time, as long as:
1. You bring all of your previous criminal charges related paperwork to the interview, namely, the court certified final disposition document of each case;
2. 5 Years worth of signed and dated federal and state tax returns' copies, including all Schedules, as well as:
3. A reputable immigration lawyer known to the Houston local USCIS district office who will represent and accompany you to the naturalization interview.
Before you decide to refile, however, take your previous N-400's denial/refusal sheet, as well as copy of your previous application, for the attorney to analyze and review, then decide whether you should apply now or else wait for another 2 years, until 5 years have elapsed since your N-400 denial, since USCIS looks at "good moral character" for the "statutory period", which is the last 5 years. USCIS has, however ,the right to "look beyond" the statutory period. Thus, whether to refile now or wait an additional 2 years will be your lawyer's call, after having thoroughly examined your situation and paperwork.
You should have an individual consultation with a lawyer in order to revise your criminal records and verify that your tax issues are resolved. If you got those issues resolved, maybe you will be ok in reapplying. But please don't do it without consulting an attoreny before.
