Naturalization denied for lying about ‘no’ arrests

Recently, a person came to my office after her naturalization application was denied, based on her giving “false testimony under oath with the intent to obtain an immigration benefit.”

She had filed an application for naturalization (Form N- 400), and there was a question about whether she had ever been arrested. She checked the “no” box. At her naturalization interview, the officer asked if all the information on her naturalization application was correct, and she replied “yes”. Under further questioning, she denied that she had ever been detained or arrested, and she even signed a sworn statement, again confirming that she had never been arrested.

Apparently she forgot that during the processing of her naturalization application, she was fingerprinted.  A person’s fingerprints are run through a law — enforcement database, and it turned out that she had been arrested. (As most people know, when a person is arrested, they are also fingerprinted. So, when she was fingerprinted for her naturalization application, and her fingerprints were run through the government’s database, there was a “match” with her fingerprints from the time that she had been arrested.)

Among the requirements for naturalization is that a person must demonstrate “good moral character”. That includes being truthful. So, at her interview, when she said she was never arrested, she was not being truthful, and therefore lacked good moral character, resulting in the denial of her application.

I recall another case where a woman was being processed for her immigrant visa in Manila, through a petition by her US citizen husband. She was fingerprinted at the Embassy, and it was discovered that five years earlier, she had been arrested for shoplifting in Daly City California. Again, her fingerprints gave her away.

I know that some people think that if they check “no” to a question about arrests, they may be able to “slip through the cracks” without that arrest being discovered. But if you have ever been arrested or fingerprinted, you can see from the above examples, your past could be uncovered and discovered. In addition, certain types of crimes could make a person deportable/removable, such that if they apply for immigration benefits, and their crimes are later discovered, it could have even more severe immigration consequences.

If you are applying for immigration benefits, and have ever been arrested, fingerprinted,  seen the inside of a courtroom, handcuffed,  or sat in the back seat of a police car, I would strongly suggest that you seek the advice of an attorney, who can evaluate your situation and advise you on the proper way to proceed. In fact, even if a person has their criminal matter “expunged”, it is still considered a “conviction” for immigration purposes and is not considered “erased”. The bottom line is that if you have had past brushes with the law, don’t think it will not be discovered. You’re taking a risk, and could face severe consequences.

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