A BOOK ON U.S. APPLICABLE LAW
Deacon San Nguyen
MISSING A RARE OPPORTUNITY
There is a saying: “Opportunity, when lost, can’t be found again”. Yes, it’s true. However, it is true only with the rarest one. In our lives, there are many opportunities coming to us. Of course, not all of them are good. On the contrary, some opportunities lead us to unlucky times. I believed that you still remembered a terrible event that shook the whole world: the event of September 11, 2001. Two terrorists directed two planes straight into two skyscrapers in New York and caused huge fires that killed thousands of people who worked there. About three weeks before that, a just-engaged couple who graduated in business administration from a far away states flew to New York seeking for jobs. Luckily for them, both were accepted to work at one of the two buildings. The date on which they would start their job was September 11, 2001.
To be at their job on time, the couple bought tickets on September 10 and hoped that they would arrive at New York one day ahead of their appointment. However, because of bad climate, the flight was postponed. They had to wait at the airport and wished to board the earliest plane next day. Nevertheless, no airplane took off next morning. They waited and waited and waited. An announcement was made telling them that their flights was postponed. Then, about 30 minutes later, on the screen of a Television at the waiting room, pictures of two planes rocketing to the two buildings and exploded like volcanoes was shown. Seeing the pictures, the couple staggered like rabbits. Had they arrived at New York on time, they would be burned under tons of metals already.
Well, sometimes, good luck may turn to bad luck, or vice versa. In the above story, if the couple took the good luck – the new job- they would be dead for good.
By the way, I would like to tell you another story: Losing an opportunity!
All applicant for citizenship, when filling out the application for citizenship, form N 400, Part 10, Item D, questions number 15 to 21, asking about applicant’s good moral character, must answer “Yes” for all problems with government, no matter how long ago, how light or how severe, been cleared or sealed with a Court order.
Many people did not understand clearly the meaning of those questions. Although being helped from others, they were denied the citizenship when going through oral interviews. Their swearing-in procedures were cancelled by Naturalization Examiners because they did not tell all the truth, intentionally or unintentionally!
Tim, a man lost his opportunity to be a US citizen just because he misunderstood some important things. In an interview, when being asked about his moral character, Tim answered that he did not commit anything that violated the law. He said “No” for all questions related with his misdemeanors in the past. Additionally, he answered very well about US history and U.S. government system. With such results, the Examiner informed Tim that he passed the oral interview and would be called for the swearing-in procedure that would be set next month.
After nearly a month waiting, Tim received a letter from INS informing that he would not swear-in to be a US citizen because he told a lie. Five years ago, Tim was caught selling beer to a minor. The man hid that information from the application! Because of the hiding, Tim committed two crimes: false testimony and telling a lie. Tim already raised his hand and promised to tell all the truth, but he did not perform his promises. Later on, Tim told me that he misunderstood the meanings of the questions. Indeed, Tim was caught selling beer to a minor, but he was not arrested because his lawyer defended him very well. He only paid a fine at Municipal Court. That was why Tim thought that he did not commit any crime at all.
After being rejected, Tim sought advice from an attorney and knew that if he told the Examiner about that incident orally, he would be granted the citizenship, regardless he failed to state in his application. In Immigration Law, Part 316 of General Requirements for Naturalization, “anyone who fails to tell the truth or hides some truth, will not be granted the citizenship.”
Tim, who lost chance to be a citizen, had lost another opportunity, too. He lost a promised job as an Electrical Engineer for a Federal office. The Fed only gave Tim two months for citizenship. After that, no more job! Consequently, Tim faced another bad luck: He could not unite with his pregnant wife who was going to give birth to his first child. Had he been a US citizen, he would see his first child born. Because he was just a permanent resident, he had to wait for years to unite with his family.
Another story happened about 10 years ago. In the application for naturalization, Tom stated that he married the first time in United States. He did not report his first wife in Vietnam. In the oral interview, Tom raised his hand and swore that he told all the truth. A month later, he received an INS letter in which, INS denied his naturalization because he told a lie to the Examiner.
Practically, Tom had no knowledge about his lie. He thought that, once he left Vietnam, everything in his past stayed in Vietnam. He did not know that although he left his first wife in Vietnam and had been living in the States for long, the marriage in Vietnam was still in effect until it might be legally broken by a divorce. After the first marriage, there was none that could be legal. For Tom, he never could imagine that someday, his first wife wrote a letter to INS asking them to look for her husband. Since then, Tom’s application for citizenship was voided.
For a conclusion, no matter what situation we are in, US citizens or permanent residents, we need to tell all the truth to the government representative, especially after we raise hands swearing that we would not tell any lie at all. If we do tell lies, we may be deported to our original country. Also, in case we commit felony, US citizenship may be revoked, too. For example, if we work as spy for other country, selling illegal drugs, organizing prostitution especially with teenagers, we will be in jails for long. After jail times, we might be deported to our own countries regardless we are citizens or not.
Therefore, please do not forget that United States of America is led and administered by Law, from top to bottom. The Law will not discriminate or respect anyone specifically. Everyone is equal before the Law. The US Constitution protects all citizens equally. Based on that equality, all origins coming from all different parts of the world, no matter what religions or what cultures they carry on, are living in peace. That makes America the most magnificent country in the world.
