N-400 Approved After USCIS Received Rebuttal to NOID Issued for Alleged False Statement
August 30, 2023

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We would like to share a successful case with you today. The information provided by the client in the naturalization application was inconsistent with his past immigration applications, leading USCIS to allege the application contained a false statement, which led to the issuance of a Notice of Intent to Deny. Luckily, the naturalization application was successfully approved after our office submitted a rebuttal.

The client received an asylum green card in 2014 and applied for citizenship five years later. After the naturalization interview, he received a Notice of Intent to Deny from USCIS. The letter pointed out that the client stated that he had never been arrested in his naturalization application, which contradicted his previous asylum application statement. Therefore, USCIS concluded that the client did not have good moral character due to the misrepresentation and issued a Notice of Intent to Deny to the client.

USCIS requires applicants to prove that they are a person of good moral character to approve their naturalization applications.

Applicants with the following records need to be aware of the possible risks of being denied:

  • Committing crimes;
  • Harming others or belonging to a group that harms others;
  • Lying on immigration or government benefit applications;
  • Helping family members illegally enter the U.S.; and
  • The list goes on.

Naturalization applicants must prove that they have been and will continue to have good moral character during the statutory period before the application. The statutory period is generally five years after obtaining permanent resident status, and those with a U.S. spouse and a green card through marriage can apply after only three years. If you served honorably in the U.S. armed forces for at least one year during a period of peacetime, you might be eligible to apply for naturalization.

The client hired us after receiving their Notice of Intent to Deny. We submitted a response on behalf of client immediately. After receiving the response, USCIS arranged a second interview for the client. Client attended his second interview well-prepared; the immigration officer accepted the client's explanation and rebuttal after the second interview, and finally approved the client's application for naturalization.

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