This is what my son did .Call him naive , if you want , but this is what he did without seeking my advice or cosult an immigration
attorney He had an expunged case of unarmed robbery with two of his friends (he was 19 then ) which was sealed in 2009 . He finished probation and paid all the money that he owed the court.He filled the form by himself and applied for N-400
a few months ago but he did not mention anything about his expunged case .He naively thought that it was completely sealed and fingerprints returned and nobody knows about it .But during his interview the officer showed him the details of his expunged case wherehe spent 48 days in jail and then 3 months in BOOT CAMP for youths ( he was 19 years old then ) . He lied under oath . He did ,however , pass The English Language Test and The Civics Test . He came out from the N-400 interview devastated and very disappointed .
He is very confused now .He has been a legal permanent resident for 15 years.
Last week he received the decision of USCIS . They denied his N-400 because he failed to demonstrate good moral character . It stated that he was ineligible for naturalization
AT THIS TIME . He did not get any threats or notice to appear in court for lying under oath, or any other punishment that could have been given to him . He was also told he could appeal the denial decision within 30 days .
Now he has come seeking my help and advice to correct his tragic mistake and his blunder .
These are my questions to you now :
Should he appeal the N-400 denial decision ??
What does ( ineligible AT THIS TIME ) mean ?? Can he re-apply this year ? Next year ? Or does he have to wait the statutory period of five more years ??
Is he allowed to write a brief letter to the field director of USCIS to ask when he can legally re-apply for citizenship
Will somebody who knows Immigration Law very well tell me what he should do now ?? Nothing ?? . Re-apply again now ?? Or better wait five more years ???
Thank you very much for any help and correct advice I get from you .