Immigration Law Questions? Ask an Immigration Lawyer.
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Thanks, XXXXX XXXXX your thoughtful and helpful answers. I understand you suggest that Sara should continue to pursue naturalization and in the process, come clean about her real date of birth. I do have a couple of follow-ups:
1. To be clear, Sara has been using the wrong date of birth (the one on her Indian passport) all along. . . including of course on all of her prior interactions with INS/ICE. In your opinion, if she gives the true reason for the wrong birthdate and admits that she nevertheless used the wrong birthdate all along, what are the chances that IO will be understanding?
2. If removal proceedings are started, what are the chances that Sara will be able to successfully defend herself given all the circumstances? (Note: Sara and the US citizen don't yet have children.)
3. If Sara is removed, can she ever immigrate again?
4. Sara is just really afraid of removal. She thought that if she withdrew her N-400, it would not be adjudicated so it would take her off of ICE's radar and she could live happily ever after as a permanent resident. She thought there would be a difference between an N-400 application that is not adjudicated because it is withdrawn, one that is denied for insufficient evidence, and (worst case) one that is denied based on suspicion of fraud. But this is not the case?
5. If the IO finds that Sara's use of the wrong birth date shows lack of good moral character, does that result in just denial of the application, or does it result in removal proceedings?
Thanks very much again, Guillermo, for your helpful and well-considered responses. I appreciate them. Another follow-up:
Assuming they decide to continue pursuing naturalization and to come forward with the correct birth date, logistically, how can this be done at this stage of the process? In particular, they already had their interview and it seems that the only open process is to respond to an RFE by 9/14. As I understand it, responding to an RFE is limited to just mailing documents back to the USCIS; it does not include, for example, an opportunity for another interview in which a competent lawyer can advocate for them and respond to questions. So there is some concern that, should they respond to the RFE with the correct birthdate, there might not be a sufficient opportunity to explain themselves. So at this stage, is it really possible to correct the record?
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