Q: Denial on the basis of not establishing good moral character, due to “cheating”. Is it better to ask for hearing or wait
to reapply in 2yrs? Letter said “applicant was caught looking for answers at his reviewer” which he brought with him at the interview. Foreign Applicant has glaucoma and cataract on both eyes, uses hearing aids on both ears, 74yrs old without companion at the interview. He said the papers fell from his lap and he just picked them up, no intention of cheating or looking at questions/answers. He was denied for not establishing good moral character. The letter says he can request for hearing but No option to reapply after a specific time was stated on the letter. What is the best course of action?
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A:
In this case, the applicant was denied naturalization due to the USCIS determining that he did not establish good moral character. The allegation of cheating during the interview seems to be the basis for this decision. Given the applicant's age and medical conditions, it's possible that the incident was a misunderstanding or unintentional.
Here are a few points to consider:
1. Request a hearing: The letter states that the applicant can request a hearing. This would provide an opportunity to present evidence, explain the situation, and argue that the applicant did not intend to cheat. However, the success of this approach depends on the strength of the argument and the evidence presented.
2. Reapply after 5 years: Generally, if an applicant is denied naturalization due to a lack of good moral character, they may reapply after 5 years from the date of the denial (not 2 years as mentioned in the question). This is because the statutory period for determining good moral character is 5 years preceding the date of filing the application (INA Section 316(a)(3)).
3. Consult with an immigration attorney: Given the complexity of the situation and the potential consequences, it is highly recommended to consult with an experienced immigration attorney. They can review the specific details of the case, provide guidance on the best course of action, and assist in preparing a strong argument if the applicant decides to request a hearing.
Ultimately, the decision to request a hearing or wait to reapply depends on the specific circumstances of the case and the strength of the argument that can be made to counter the allegation of cheating. An immigration attorney can provide valuable guidance in making this decision and navigating the process.
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