Immigration Issues/Timely Retraction
Thank you for your answer. By that did you mean, they don't consider the retraction was timely enough or they don't believe there was a retraction at all? And what do they base their judgement on to determine if it was timely or what would an attorner base his argument on? I just find this "timely retraction" clause really vague.
I read the definition of timely retraction and I want to know when it applies. Say you lie to an INS officer at a POE during questioning and they don't believe your statement. They haven't proved it yet but they have suspicions. You then admit the truth even before giving a sworn statement and admit the truth again while under oath. You then get charged with fraud because you lied. Was there timely retraction?
That's a question for the court to decide. Clearly, USCIS/ICE/CBP believes and will argue that there was no timely retraction, and your attorney will argue that there was. The court will decide the matter. I think, based on the limited facts you provided that there is a good argument that there was no fraud.
I have no way of knowing why they feel the retraction was not timely, but since they are pursing the matter as fraud they clearly feel that the retraction was not timely. They may have a point, or they may be complete idiots. I have no way of knowing which without a thorough review of what actually happened.