Today, I get to ask the questions of the USCIS officer. Hi, I’m Jim Hacking, immigration lawyer, practicing law throughout the United States at our office here in St. Louis, Missouri. I’m very excited about today. I even put on my tie. I’m all ready to go. I am going to take the deposition this morning of a USCIS officer. That means that I get to put him under oath and I get to ask him questions. So it’s sort of turning of the tables as to what usually happens at immigration. Now, how did this come about? Well, I have a client that I’ve been trying to get him his citizenship literally for eight years. And the USCIS has cooked up the scheme to try to keep him from getting his citizenship. They’ve made it a factual allegation against him, which is false.
And this client applied for citizenship. He got denied. We filed what’s called an N-336, which is a petition to review a naturalization denial. USCIS denied that appeal. And when USCIS gives a final determination that someone is not going to get their citizenship voluntarily through USCIS under a U.S.C. 1421 (c), the applicant can bring an action in federal court and ask a judge to naturalize him or her. And that’s what happened with my client. We filed this 1421 (c) action, and we are now in federal court. And in a few months next year, we’ll have a trial as to whether or not our client gets to become a US citizen.
Now this morning, I will be taking the deposition of the officer who denied my client his citizenship. So I’m really excited about it. I’m going to lead off with a little bit of a flare. I’m going to ask them right out of the box why he denied my client. He really only denied him for one reason. And I think that he knocked down that reason pretty well. So the interesting thing is when you bring a 1421 (c) action, it’s a whole new case. So the judge can consider all evidence as to whether someone is a person of good moral character who deserves to become a citizen and who has complied with all the statutory requirements. And so everything’s sort of fair game.
So I’ll be going over some questions with this officer and I don’t expect it to be a very long deposition, but I really like taking these depositions because I get to get inside the mind of the officers, find out about the training that they got, find out about how they adjudicate cases. It should be very interesting so stay tuned. I’ll do a video next week and let you know how it goes.
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