asylee apply for USC

[sammi608612 1]

Hi there,

 

a question for my friend.

 

She wants to apply for USC. and in the N-400, there is a question, have you ever been arrested, cited, or detained by any law enforcement officer for any reason?

 

She is struggling how to fix that. She already applied and then USCIS received her application. And later on, when she went through the form, she just remember she was detained before when she tried to across the boarder from Mexico without proper travel documentation. She was detained for couple months by the immigration officer or Homeland Security etc, and then she file asylum and the judge granted her green card. 

 

So in her case, should her disclose it and if she should, how could she fix it after N-400 has been submitted? 

 

Also, she thinks she has been placed in removal proceeding but she was granted green card afterwards. So should she disclose that too? Does she need to submit all the information to USCIS after she submitted application form?

 

Will the above questions affect her application? Please be advised. Thanks.

 

 

[Boiler 46,247]

Easy to forget being detained for a few months, I am sure it is a common situation.

 

She presumably will mention her forgetfulness at the beginning of the interview.

[Going through 5,671]

1 hour ago, sammi608612 said:

when she went through the form, she just remember she was detained before when she tried to across the boarder from Mexico without proper travel documentation. She was detained for couple months by the immigration officer or Homeland Security etc, and then she file asylum and the judge granted her green card. 

 

So in her case, should her disclose it and if she should, how could she fix it after N-400 has been submitted? 

 

Also, she thinks she has been placed in removal proceeding but she was granted green card afterwards. So should she disclose that too? Does she need to submit all the information to USCIS after she submitted application form?

Yes, she needs to disclose it at the interview.  It's an almost 100% guarantee that by the time she sits down for her interview, the adjudicator will already know her immigration history through their own background checks.  She needs to also explain why she did not disclose this on her application.  Normally, people do not forget being detained for a couple of months and being placed in removal proceedings, appearing before a judge, etc....so she should prepare for further explanation other than "I forgot" during her interview.

 

1 hour ago, sammi608612 said:

Will the above questions affect her application?

Most definitely.  USCIS takes misrepresentation/immigration fraud quite seriously. Leaving out that vital information on her N400 application can be viewed as misrepresentation of facts. Since she crossed illegally before and was detained this will show up in her background check conducted by them, and it will appear to them that she may have intentionally left that info out of her application...they are not going to readily assume she "forgot" it ever happened.

 

On the application,  there is also a question about something like "have you ever been placed in removal proceedings/deported/excluded from the United States" which I think would have at least sparked her memory?  I'm assuming she answered "no" to that question as well?

Edited August 28, 2017 by Going through