Immigration Issues/CIS files motion to reopen N400 1 day before oath !!
I'm an Alien who been granted adjustment of status
through marriage to a US citizen in early 1996. Had
convictions that might be CIMT ( Forgery of
signature/fraud under $10K, NOT aggrevated felony for
which the sentence was 5 yr conditional discharge and
3 days time served respectively)in 1989 that were
disclosed to INS at the time of adjustment, but the
adj. officer at that time told the lawyer that no
waiver was necessary. Natz application filed and
approved but the USCIS filed a motion to reopen the
N400 1 day prior to 3 rd oath ceremony and while I was
attending the ceremony( the motion states that under
title 8 sec 335.5 we re reconsidering ur N400 we will
let u know once we re done..) as the 1st 2 ceremonies
occured one week apart while I was on vacation . (
THAT IS after all of these following event: after
coming back from a trip to canada the week prior to
the ceremony, I was put in removal at the border, but
the INS failed to prosecute and the judge closed the
case) ( The 3rd ceremony was actually scheduled by
USCIS after the judge dismised the removal case). My
1-This might be a tatic by USCIS to 1st Deny my N400
1st , then try to remove me. bcs maybe they didnt have
good chance of removal as it is.
Am I right?
2-I filed Pro Se a motion for declaratory releif/mandamus in federal court ( 28 USC 1361/1331, violation of 8 CFR 335.3/335.5 , violation of adm. procedures act MOTION TO REOPEN" not containing any derogatory info)and motion based on 8 usc 1447b to grant Natz, due to CIS failure to do so in 120 days. (as to take the authority of granting my
citizenship from the hands of USCIS, thus preventing
them from denying the case and reintiating a removal
care against me ). how sucessful do u think a motion
could be given the above circum's? could the removal
case that was closed be reopened by USCIS after 30 day appeal time limit set by the court?
The key word I noted in your missive was "convictions"...apparently more than one arrest and conviction.
To become a US Citizen, you must prove good moral character. An arrest for two or more CIMTs (crimes involving moral turpitude) is as serious as one aggravated felony. There is likely to me more to your story than you are revealing, however based on what I could glean from your statement, you should have been placed into removal proceedings awhile ago. And as far as citizenship, if you were convicted of two or more CIMTs, you certainly do not measure up to good moral character as defined in the law.