When Immigration Detains You or a Family Member. A very well made video by Illinois Legal Aid concerning common questions for individuals and family members being detained by ICE (Immigration Customs Enforcement).
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Case Type: USCIS (Citizenship Denial) (N-336)
Country: Vietnam P arrived in te U.S. and received his greencard around the year 1986. In about 2008, P applied for his citizenship on his N-600, he failed to disclose that he was once convicted of domestic violence. After the int ital interview, P's N-600 was denied on the basis of not having "good moral character". Our law firm sought a review on the decision and accompanied P for his second interview. After explaining in detail to the USCIS officer, of P's criminal history, his rehabilitation and his good moral character, P was granted U.S. citizenship. The most important thing to remember when filing an immigration petition or application is candor and thoroughness. Failure to do so may result in delay or the ultimate denial of your application. It is crucial that you disclose ALL of the information, that USCIS is asking for. Besides simple disclosure, it is also important to explain as thoroughly as possible. For example, if they USCIS asks about your criminal history, it is critical that you disclose EVERY arrest or incident, no matter what the outcome of the incident was. If your case was dismissed, sealed, expunged, etc., be sure to include that in your explaination. It is also advisable that you attach applicable documents to your application, which provides proof to the statements you are making.
A major critieria in the immigration process is the USCIS's "perception" of the truthfulness of the applicant. Whether this preception is true or not, it is what they will be basing thier decision on. If you provide them any reason to believe that you are less than truthful in your application, they can deny it solely based on on that. Although most ommissions of information are not intentional, having to explain those mistakes later can be quite burdensome. It is imperative that an applicant thoroughly reviews his/her application before submission. Once it is submitted, can retractions or oral modifications (at interviews) can be construed as not be truthful. These terms are used by USICS when addressing whether a petitioner has a criminal history. Is important to understand the difference.
Arrested -- This means that you were taken in to custody by the police. Once you are taken in to custody, it will be decided if you will be charged with a crime. Someone who is arrested is not necessary charged with a crime. Charged -- Once you are in the custody of the police, the prosecutor's office (aka state attorney, district attorney) will decide whether to charge you. If you are charged, you will be given a charging document (sometimes also called complaint or information). This charging document will state exactly what crimes (charges) you are facing. Sentenced -- Being sentenced means that the "punishment" you got when you admitted (pled) you are "guilty" or when the judge/jury decided you were "guilty". If you were placed in jail/prison, probation, community service, or mandatory classes, you were sentenced. Alternative Sentencing -- Sometimes called "differed sentencing". A court may require you to satisfy certain conditions (such as community service, classes, etc) in exchange for a dismissal. For most petitions and applications, you will need to submit additional evidence/documents if you have been arrested, charged, sentenced, or been placed in alternative sentencing. You will want to include a "charging document" (sometimes also called a complaint, information, or traffic citation), final orders (ie what happened in the case, and some documentation that you completed any sentencing (sometimes called final disposition). Different counties, cities, and states use different terminology for the foregoing, so it is important to describe to the clerk what you are looking for.
If you have lived in different places around the U.S., it is advisable to do a national criminal history check on yourself. These are available online for a small fee. Once you have this report, which will usually include case numbers, you will then call each court clerk individually to get a copy of the file. |
AuthorJames C. Tai, Esq. Categories
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