Q & A June 4, 2006

Q & A 1. 2.

Q&A 1.

Dangers of Not Telling the Truth in Naturalization Interviews

Chen Reader asks:

When I first received my Green Card in 8/00, I stayed in U.S. for 2 weeks. Then I came back in 1/2001 for another 2 weeks. Finally in 8/2004, I flew to Canada from Taiwan and drove in U.S. from Canada and stayed in school studying till now. I have the follow questions regarding naturalization:
1. Does USCIS have the record that I drove in from Canada?
2. When filing the naturalization form, do I have to report this absent period or can I just report that I was in the U.S. since 1/2001?
3. Would USCIS know that I was not in the U.S. between 1/2001 and 8/2004?

In 12/2004, I left U.S. went to Taiwan for 3 weeks. Then I flew to Canada and drove in to U.S. from Canada. Every time I left U.S. , do I have to come in from Canada?

This winter I want to go back to Taiwan, can I come back in via Los Angeles? If I can, will the immigration officer ask me why I was not in the U.S. between 1/01 and 8/04?

Dear reader:

It is not the purpose of our answering questions from readers to provide them with ways by which they can go around the immigration laws. Therefore only allow me to say three things concerning your questions: 1.) I do not know what is on the databases of the U.S.C.I.S., U.S.I.C.E., or CBP, the three agencies which were formed to deal with immigration issues following the demise of INS. Currently, however, immigration checks are generally run through the Interagency Border Inspection System (IBIS), a multi agency effort with a central system that combines information from multiple agencies, databases and system interfaces to compile data relating to national security risk, public safety issues and other law-enforcement concerns; FBI fingerprint checks; CIA checks; and FBI name checks. 2.) Failure to tell the truth at the time of naturalization interview with U.S.C.I.S. can be the basis of a finding of lack of good moral character, which would bar the individual from naturalizing for another five years. 3.) At the time of naturalization interview, applicants are requested to bring all passports that they have had since becoming permanent residents. A CIS examiner will usually go through the passports to check all entries and exits of the U.S. and other countries to determine whether they match the information that applicants have provided in the N-400 naturalization application.

Q&A 2.

Chasing a Lost I-90 Replacement Green Card Filing

Zhang Reader Asks:

My green card expired on 3/31/05. On 9/5/04, I went to St. Jose immigration office filed for green card renewal. At the time, the immigration officer told me that I should received my new green card within 1 year. I went to immigration again on 10/17/05 inquiring my new green card status and was told that I should fill out form I-90 and mail it to California Service Center. I mailed the form on 10/19/05. As of now, I have not received any notice or a new green card.

How long should I wait before tracing again or receiving my new green card?

Dear reader:

In checking over our experience with I-90 replacement green card applications at the new location in Los Angeles, the new lockbox appears to be working and I-90 applications are being worked on on a timely basis. From our cases, the processing appears to be approximately three months. (This may of course not reflect the experiences of others ). In looking over your question though, you said that you mailed the I-90 form to the California Service Center in October 2005. U.S.C.I.S. announced a rule that on or after May 31, 2005, aliens filing I-90 forms regardless of state of residence were to mail the I-90 applications with fee to either one of two addresses:

For U.S. Postal Service (U.S.P.S.) deliveries:

U.S. Citizenship and Immigration Services
P.O. Box 54870
Los Angeles, CA. 90054-0870

For non-U.S.P.S. deliveries (e.g. private couriers):

U.S. Citizenship and Immigration Services
Attention: I-90
16420 Valley View Avenue
La Mirada, CA. 90638

Individuals are also allowed to use e-filing and can access the U.S.C.I.S. website at http://www.uscis.gov/graphics/formsfee/forms/efiling.htm. The only exceptions are for those individuals who never received their cards or received cards with errors by the U.S.C.I.S.. In those cases, they are not to send I-90 applications to Los Angeles or to use electronic processing. They should instead send I-90 applications back to the service centers that processed the cards using special addresses.

If you have not yet received a receipt of filing or approval by the time that this answer is published, you should determine whether your payment has cleared. If you have a canceled check, you should be able to ascertain the case number and access your status on the U.S.C.I.S. online case status system. If you are not able to ascertain your case number, you can either attempt to track the filing (although it will difficult without a case number), or you can refile the application.

Copyright © 2003-2006 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.