We continue where we left off last week.
4.) One group of naturalization applicants who shake in fear are those who had prior arrests, charges, and convictions. Some go as far as not disclosing them, but who can hide from the FBI background check? One time, a client asked me if he had to disclose charges or arrests that happened 30 years ago. Of course, he should, I answered. On the day of the interview, without first asking my client, the immigration officer asked him: “So tell me about what happened inside the AAA bar 30 years ago when the police came and intervened in a fight between you and Mr. XXX?” My client was astonished as to the specificity of the question.
Lesson 4: Prior arrests, though how seemingly innocuous or insignificant it may be, should always be disclosed to USCIS as part of the application. Again, your criminal history is a matter of public record and the US government has access to it as part of your background check. This also applies to any unpaid taxes with the IRS, unpaid child support, and even simple traffic tickets.
5.) On the application, there is a line that asks for your trips made outside the US. If you have spent a substantial amount of time spent outside the US, make sure that you have enough time to satisfy the continuous residence and physical presence requirements. It would be too embarrassing if after paying the fees and studying for the interview, your application would be denied because you did not spend enough time in the US.
Lesson 5: Know your eligibility requirements. Do you know the five-year and three-year rules on continuous residence? What about the 30 months of physical presence in the US for the regular application and 18 months for those married to a US citizen? This is a good topic for future columns.
This column is not a substitute for professional legal advice obtained from a US-licensed immigration attorney. The information contained herein does not constitute a warranty or guarantee or legal advice regarding a reader’s specific immigration case. No attorney-client relationship is and shall be established with any reader.
For any questions, comments and observations, please contact Atty. Marco Tomakin at mtomakin@gmail.com