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HOW MANY YEARS OF ARREST AND CONVICTION RECORDS DO I NEED FOR MY USCIS FORM N-400 FILING?

Union City, CA |

MORE THAN 18-19 YEARS AGO, I HAD SOME DUI ARRESTS AND CONVICTIONS. BUT I WENT TO THE SUPERIOR COURT THAT HANDLES THE RECORDS, IT GAVE ME ONLY 2-3 TRAFFIC VIOLATIONS I COMMITTED DURING THE LAST 18-19 YEARS. DURING THIS PERIOD, I HAVE REALLY CHANGED MY LIFE: STOPPED DRINKING AND SMOKING AND HAVE JOINED THE MORMON CHURCH AND CURRENTLY A GOOD MEMBER IN GOOD STANDING.

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Attorney answers 5

Posted

You have to disclose all arrests and convictions and provide charge sheets and dismissal orders. If the courts no longer have them then you should supply a letter from the clerk stating such

Posted

If you have any convictions, you should seek the assistance of an attorney to advise you about the consequences of those convictions. The law about naturalization only requires that you show you have had 5 years of good moral character but the government can take any crimes into account even beyond the 5 years. More importantly, if at any time you committed a crime for which immigration could have or can now take away your green card, then it will come up when you do your biometrics and you will be at risk of being placed into immigration court and the government will start the process to take away your green card and remove (deport) you from the US. You might be able to cancel the removal (deportation) but that will depend on many things which can be elaborated further when you meet with an attorney. Therefore, when people mention they have crimes, I recommend seeking an attorney to review the crimes, advise you of the risks, and then you can make an educated decision about whether to file.

This answer does not constitute legal advice, and should not be relied on as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Richard Ehizogie Oriakhi

Richard Ehizogie Oriakhi

Posted

I concur with the analysis above.

Posted

All arrests from the date of birth must be documented.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

ALL of your arrests must be documented with a certified disposition from the court. I also highly urge you to show them all to an experienced attorney before you file your N-400

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Posted

When applying for citizenship you must disclose all offenses/arrests/convictions. I strongly suggest to anyone with a charge/conviction who is applying for citizenship to hire a good immigration attorney to help you. Something that may not seem like a big deal to you may be a big deal to USCIS. The positive things you have done in your life since your convictions can only help you. Make sure your attorney is aware of any rehabilitation you have gone through and about your church/community involvement.

This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.

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