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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
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My brother who is a permanent resident was denied

Customer Question

Hi, my brother who is a permanent resident was denied citizenship due to Moral Turpitude ground. He has been living clear since 2011. Can someone read the detail letter given by USCIS and tell us what to do next?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: he applied for N-400 in May 2015
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, i can send u the letter, it is a 3 page decision
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Expert James replied 1 month ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation.

Customer: replied 1 month ago.
It will be easier if you see the letter sent by USCIS. I can pdf it and send it to your email whenever you want.
Expert:  Expert James replied 1 month ago.

I cannot receive emails from you. Please attach it by using the paperclip icon on this page.

Expert:  Expert James replied 1 month ago.

What happened in his past? Did he provide information about this in his naturalization application?

Customer: replied 1 month ago.
ok, give me a few, I will attach it here
Customer: replied 1 month ago.
he did provide some; but prior to 2011 he had one DUI plus some legal issues in New York which the officer deemed as Moral Turpitude
Customer: replied 1 month ago.
Since 2011 he has been proper "citizen" , paying taxes, no legal issues, working hard... so there is a case to be made that he is morally good.
Customer: replied 1 month ago.
scanning the letter
Expert:  Expert James replied 1 month ago.

I need to know the specifics of his "DUI plus some legal issues." And when you say "he did provide some," why did he not provide all? He should have answered yes to any questions asking about arrests, charges, citations, and convictions, and he should have provided certified copies of all court records that relate to those cases. Did he not do that? If not, why not?

Also, he is not a "citizen" until he is given the oath of citizenship. Be careful not to use that language, as it has legal significance.

I am waiting for the document.

Customer: replied 1 month ago.
the letter has the detail you are asking, uploading it now
Customer: replied 1 month ago.
my brother has type 1 diabetes, takes insulin twice a day; works at a restaurant 6 days a week; He can suffer on hypoglycemia at any time which to many people may seem like acting crazy. All he is doing is to earn a good honest living. He made some mistakes, agreed, albeit to survive (minus the DUI - his friends made him drive, IDIOT), but he is a good guy.
Expert:  Expert James replied 1 month ago.

I understand. But I am not here to pass judgment. Believe me, I have seen and heard just about everything. I am here to answer questions about immigration laws. As we work through this, think about this as a back and forth conversation. Once you've received the information you need, please leave me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job. Please do not forget to do this before leaving the site. Like you, I want to get credit for doing my job. I am sure you understand.

ANSWER: Unfortunately, the reason for the denial is that he did not even meet the basic requirements that make someone eligible to naturalize. That is a separate issue from the issue of showing he is rehabilitated.

At a minimum, one of the requirements is that for the 5 years preceding the application and throughout the entire process of naturalization, the individual must show that they are a person of good moral character. That means no convictions for anything that occurred within 5 years or applying for naturalization and going through the naturalization process.

But in his case, these offenses took place in 2010 and 2011, and he requested naturalization in December 2014.

The conviction for the intent to defraud happened in September 2010, but the naturalization case was filed in December 2014. That is just over 4 years, not 5 years. So here, he did not even meet the basic requirement of 5 years of good moral character.

Then, during the probationary period for that offense, he violated the probation by getting arrested for the DUI. TThat happened in June 2011. And again, the application was filed in December 2014, which is not even close to 5 years. So here, he also did not meet the basic requirement of good moral character for 5 years.

So all in all, even if he were to be able to show he has been rehabilitated, he did not meet the most basic requirement that he is maintained good moral character for the 5 years before he filed the application in December 2014. In other words, he would have had to have a clear record starting in December 2009, to be able to apply in December 2014 and be approved.

So he needs to wait at least the 5 years from the commission of the offenses to be eligible to apply. Then, when he does eventually apply, he needs to not only provide the certified court copies again, he needs to provide proof that he has been rehabilitated. That can't just be that he is working and paying taxes. He should have letters from friends, neighbors, members of the community, persons at religious organizations, to attest to his repaired moral character.

My advice is, the longer he waits and does not get into trouble, and the more letters he can get from people who know him, the better his chances are of success.

I should also warn that the US does not look kindly upon individuals who come here seeking protection, but who do not follow the laws of the United States. He does not technically have a right to remain in the US. The government views this instead as a privilege, and as such, it has the authority and ability to remove someone from the US, who it deems unfit to remain here because of their misdeeds. If I were you, I would try to impress this idea upon him, so that he is aware. I don't mean to lecture him, but it is important for him to know the limitations of the protection that his current status as a permanent resident has in the United States.

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

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Thank you!

Customer: replied 1 month ago.
Thanks for your excellent reply. So 5 years means 2016 then, since his last commission of any offense?
Expert:  Expert James replied 1 month ago.

You are welcome. Kindly remember that I do not get a salary here. The only way I get credit for doing my job is when you give me a positive rating. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

To answer your past question, as far as the basic statutory period requirement, yes, that would be 5 years from the date of arrest in 2011. However, you need to keep in mind that officers have the discretion to find that good moral character exists or to determine that someone has been rehabilitated. So the more serious the offenses, the less likely it is to make a finding of good moral character in just the 5 years preceding the application. Therefore, the longer the wait, the better. So 2016 would be the absolute MINIMUM time before he is eligible. It does not mean that he would be guaranteed approval, just because it has been 5 years. That is the statutory MINIMUM, not a guarantee for approval.

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Customer: replied 1 month ago.
FOR JAMES
Thanks for your excellent reply. So 5 years means 2016 then, since his last commission of any offense?
Expert:  Expert James replied 1 month ago.

You are welcome. First, please do not write FOR JAMES when we already are working together. That is fo the next time you post a new question in a new thread. Also, I answered your question already, above. Finally, please note that when you ask me to respond or prompt me to respond to you, or you post something, it puts your question at the bottom of my list, making it take even longer for me to respond.

I am providing you the answer again. After this, kindly remember that I do not get a salary here. The only way I get credit for doing my job is when you give me a positive rating. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

To answer your last question, as far as the basic statutory period requirement, yes, that would be 5 years from the date of arrest in 2011. However, you need to keep in mind that officers have the discretion to find that good moral character exists or to determine that someone has been rehabilitated. So the more serious the offenses, the less likely it is to make a finding of good moral character in just the 5 years preceding the application. Therefore, the longer the wait, the better. So 2016 would be the absolute MINIMUM time before he is eligible. It does not mean that he would be guaranteed approval, just because it has been 5 years. That is the statutory MINIMUM, not a guarantee for approval.

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

And if you want to talk on the phone for 30 minutes, I can send you an offer for that.

A BONUS is also appreciated if you feel I've earned it.

And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 month ago.

Hi again,

I received a message that you reviewed my response and may require additional assistance. However, I cannot see your correspondence above.

Please post it again, so I can continue to assist you.

Thank you!

Expert:  Expert James replied 1 month ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

Customer: replied 1 month ago.
I am good with what you answered. Thanks a lot.
Expert:  Expert James replied 30 days ago.

OK, great. Please do not forget to give me credit for my customer service by giving me a positive rating of 4 or 5 stars before you leave the site. Thank you!

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