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.
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