我的denial letter到了。下麵是這封信的內容。我感覺這裏拒的原因很不對。
1. 我已經給那個io發了我的補件，並且包括移民局的收據（我發了兩次）。在我原始的文件中找不到這個補件也是他們的原因。
2. 我是2005年9月交的140和485，2006年4月140approved，2007年9月交的補件，2008年5月485approved（估計是得益於那個費城的案子吧）。根據時間來說，並沒有“failing to disclose your communist membership at the time you adjusted your status to lawful permanent resident”。
請8老師給解答一下。我想一定要appeal，要不以後可能也會有麻煩。我這種情況，hearing 的時候，是不是要律師在場呢。
At the time of your naturalization interview, the immigration services officer reviewed your responses to the question on your application for naturalization and administered the naturalization test. However, the uscis officer was not able to complete the interview.
The record reflects that you have testified that from 1996 to 2001 you were a member of the communist party in china. You have further disclosed that at the time you adjusted your status in the united states, your attorney of record failed to disclose this fact on your adjustment of status application. You have testified that your attorney attempted to correct the error via certified mail at a later date after the adjustment of status application was filed with the uscis services center. It is noted that you were waived that adjustment of status interview. The copy of the letter attempted to amend your answer to the question if you were a member of the communist party. It is noted that this mail was not found in your file. Had it been known at the time of your lawful permanent residence application you would not have been eligible for adjustment of status and you would have been found inadmissible. A wavier would have been required.
Section 313(a)(2) of the act precluded naturalization for any person “who is a member of or affiliated with (A) the communist Party of the United States; (B) any other totalitarian party of the United States; (C) the communist Political Association; (D) the Communist or other totalitarian party of any State of the United States, of any foreign state, or any political or geographical subdivision of any foreign state …”
Title 8, Code of Federal Regulations, Section 313.2 provides that: No applicant for naturalization shall be naturalized as a citizen of the united states if, within ten years immediately preceding the filing of an application for naturalization or after such filing but before taking the oath of citizenship, such applicant: (a) Is or has been a member of or affiliated with the communist party or any other totalitarian party; or (b) is or has advocated communism …; or (c) is or has been a member of or affiliated with an organization that advocates communism … [emphasis added]
As a result, you have not demonstrated good moral character which is a requirement for naturalization. The uscis finds that your failure to indicate you were a member of the communist party, and your failure to amend the record at a later date, fails to demonstrate good moral character, as is required.
In addition, by failing to disclose your communist membership at the time you adjusted your status to lawful permanent resident, you cut off a line a questioning which would have led to further investigation regarding your true affiliation to the communist party and eligibility for adjustment of status.
In conclusion, you are ineligible for naturalization in that you have failed to establish that you are a person of good moral character. Therefore, your application must be and hereby is denied.
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