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bananarama

PART 10 issue regarding form N 400

By bananarama in US Citizenship General Discussion

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bananarama Newbie

bananarama   0

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Heres my short story. I was an illegal immigrant for 10 years while waiting for a petition. A month before my mothers petition become current I was randomly stopped at an airport by a immigration officers. I was out of status that time so I was sent to JAIL instead because of a large volume of illegal immigrants in a their facility. After 21 days in JAIL I was bailed out and at the same time my petition became current and all the charges were dropped. After that everything went well. My two questions are:

Should I answer YES to...

16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?

Since I was brought to JAIL due to lack of space in an immigration facility should I answer YES to...

21: Have you ever been in jail or prison?

I read somewhere (couldnt find the site anymore) that whatever happened before you were a permanent resident is irrelevant for applying a citizenship. Since I became a PR I never had any issues or criminal record or any of that sort.

Thanks for taking the time.

ALSO...

I've traveled outside the US TWICE in 2010 with less than 180 days EACH travel. The first one was from 03/2010 - 09/2010 and it has a total of 173 days. The second was from 11/2010 - 04/2011 less than 180 days. I went there for school reason. Will this anyhow breaks my continuous residence?

bananarama Newbie

bananarama   0

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answer to 16 is yes immigration offers detained you at the airport.and 21 have you ever been in jail.yes you need to tell the truth your under oath.

Thanks. The reason I asked is because I read on some website stating that everything happened before you were a PR was irrelevant when applying a citizenship. Is there any truth in this? Thanks

NickD Grand Master

NickD   203

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Filed: Citizen (apr) Country: Colombia
 Timeline
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Thanks. The reason I asked is because I read on some website stating that everything happened before you were a PR was irrelevant when applying a citizenship. Is there any truth in this? Thanks

They can and will go all the way back to the day you were born.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Ever means ever.

Oh . . . and you never were an illegal immigrant either.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

NickD Grand Master

NickD   203

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Filed: Citizen (apr) Country: Colombia
 Timeline
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Im sorry broi dont think i understand. Would elaborate just a little? Thanks.

I read somewhere (couldnt find the site anymore) that whatever happened before you were a permanent resident is irrelevant for applying a citizenship

I never read that, more based on experience in going way back to the time when my gals were born. Bob is correct when he says, "Ever" means "Ever" no such thing as wiping your past clean by receiving your LPR card, which I believe is your question. Also from experience, a hell of a lot easier to get that LPR card then that giant step to obtaining naturalization. Some odd 5,000 cases pending right now from people that left off details on their N-400.

Some people are very critical of that question, did you ever commit a crime without ever getting arrested or caught, who would be dumb enough to answer yes, and yes that question is definitely against the fifth amendment. But not dealing with the US Constitution on this matter, dealing with the USCIS, Reason why they do ask it, if you are ever caught, you lied on your N-400 and can be deported.

N-400 is all about being 100% honest, and not necessarily the offense that was committed, but the fact, you committed perjury on that form.

You need to discuss your case with a very experienced immigration attorney for making this step. Do have certain risks involved, like getting your green card revoked, that has happened. Or can just be quiet and live here as a LPR, your choice, but one thing you don't do, is omit your incident at your interview, especially when the USCIS has a complete record of that.

bananarama Newbie

bananarama   0

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@nickD Point taken and i appreciate the time and effort. Let me just share what this lawyer from other forum had to say about my situation. But i think you are right im gonna have to consult an attorney in person regarding this issue. Thanks again.

Re: PART 1O issue regarding form N 4OO

The test that I always use is to ask "Have you ever sat in a police vehicle?" If the answer is yes, then the odds are that you were arrested. In your case, you were in jail. You were definitely arrested. The bottom line, however, is that it doesn't matter. This was all before you got your green card, so it is ancient history. They knew about it when they gave you your green card, so you are not inadmissible. It also happened more than five years ago, so it isn't a per se moral character issue. Disclose all of the information and then forget about it.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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