Could a missed question about arrests affect my naturalization interview? 9 Answers as of January 16, 2011

I just came back from my naturalization interview, I thought it would be an easy process. I did not expect questions on asylum. Questions such as how many time, when, where, how long were you arrested, I could not remember the answers to those. Everything else went well but the officer told me she cannot make a decision at this time, but will go through my application deeply and speak to her supervisor. Now I am worried about the outcome. What can I do at this time?

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Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If you lied or hide information from the officer that could be a problem.
Answer Applies to: Florida
Replied: 1/16/2011
Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
Dear Friend, It appears that you have brought up two different issues: 1) asylum; and 2) arrest record. If the arrest record took place after you were admitted into the USA, the issue that will matter is: 1) what kind of arrest; and 2) was it less than 5 years before your naturalization application, and was it less than 5 years after you got legal residency. If the arrest record part of your situation in your former country, which made it part of the asylum case, for which I assume you got asylum and legal residency, then that may be an issue where the officer may not be sufficiently experienced to make a decision, and would need the supervisor to help her, and may be more likely to be nothing to worry about. If it is part of a criminal issue here in the country, it may be a disqualifying issue. I would have to know more about the case, and at the very least, you should schedule an InfoPass appointment to inquire into and get your status explained to you. But until there is a ruling or a request for more evidence (RFE), there is not much to do. If you want to discuss the case further, by all means call or e-mail, and schedule an interview to discuss your case. Best to you.
Answer Applies to: California
Replied: 1/11/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Were you able to truthfully answer all questions about any arrests at the interview even if not fully disclosed on the N-400? Did you bring certified copies of the Court dispositions with you to the interview? If not you are likely to get a Request to produce these certified dispositions. USCIS will need to be confident that you were not trying to hide the arrests but just forgot about them.

If you would like us to represent you in this matter please contact my office to schedule a time to discuss. We do charge for consultations $350 per hour - but what is paid for the consult would then be credited toward the fees for your case.
Answer Applies to: California
Replied: 12/29/2010
Pauly P.A.
Pauly P.A. | Clemens W. Pauly
Especially when you have been arrested in the past, it is always most important to consult with an immigration lawyer before submitting any applications to the US government. At this stage you cannot make changes to your application and will have to await the decision.
Answer Applies to: Florida
Replied: 12/29/2010
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Yes missed questions on arrests can affect your application. The burden is on you to provide accurate information regarding the arrest. What you need to do is gather all information regarding arrest and the dispositions and wait for the decision. You may have to appeal and you will need that information.
Answer Applies to: Florida
Replied: 12/29/2010
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Nothing can be done at this time.
    Answer Applies to: Tennessee
    Replied: 12/29/2010
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If arrest is regarding moral turpitude, you may be denied and even get deported. It is time to hire an attorney as soon as any negative result comes from the interview.
    Answer Applies to: Florida
    Replied: 12/28/2010
    The Vega Law Firm
    The Vega Law Firm | Linda Vega
    She may deny it based on untruthfulness. However, you may appeal the decision or reapply. Please call our office for assistance.
    Answer Applies to: Texas
    Replied: 12/28/2010
    Nicastro Piscopo, APLC
    Nicastro Piscopo, APLC | Louis M. Piscopo
    Yes, failure to truthfully answer questions about being arrested can result in your application being denied. If the arrests were not related to criminal activity, but involved matters that concerning your persecution in your home country (since you mentioned asylum), then it will not likely result in the denial if it was merely a misunderstanding on your part. If the arrests were contained in asylum file and were not criminal related, the USCIS may approve you case after review. You may want to send them a letter explaining why you did not mention the arrests.
    Answer Applies to: California
    Replied: 12/28/2010
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