Legal Question in Immigration Law in Texas

Denial of Application for Naturalization

In May of 2004 my husband had an interview with Immigration Naturalization Services INS)he passed the English, U. S. history and Gov test, he was given form N-14, which stated he need to get a I-1722-from the IRS, concerning proof of filing and paying taxes. We immediately contacted the IRS, and got the forms, and sent them to INS cerified mail. We also sent a transcript of taxes paid by certified mail, all were sent by the deadline date in the letter. We never got a response from INS. In 2005 we spent many hours calling and talking to personnel at the INS. Noluck. April 2006, my husband went to INS NHouston location. They advised he had been denied. Never received lette Reason -Poor Moral Character Part 316- Also commented we had not sent proof of taxes. We have all receipts and signed documents from the INS, that this info was received by there office. My husband has never been arrested or convicted of a crime.

Do we have any other recourse other than getting an attorney. He visited the center today, and they advised sending letter to the officer who interviewed him and requested the documentation. We believe this is a mistake. We have proof of taxes paid and the documentation that they received it.

Thank you

J C Coutou

Asked on 5/08/06, 5:30 pm

2 Answers from Attorneys

Theresa Langford Langford Law Firm

Re: Denial of Application for Naturalization

My advice would be to hire an attorney, inasmuch as the government may well recognize that you are serious in this matter.

The best approach, since time is running, is to get a copy of the denial letter, and file a Motion to Reopen, and attach a copy of the documentation that you filed the tax information.

My guess is that attorney fees would range approximately $750, and that the filing fee is $150.00.

Please feel free to let me know if you have other questions.

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Answered on 5/08/06, 5:59 pm

Carol Saliba Attorney at Law

Re: Denial of Application for Naturalization

I agree with Ms. Langford. You should seriously consider hiring an attorney for this type of situation as it is apparent that USCIS has denied the case in error, perhpas due to a mistaken identity background check. Make sure that your husband's birthdate is correct on the N-400.

Feel free to contact me for more information at [email protected]

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Answered on 5/09/06, 11:59 am

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