Hello:
I am currently filling out the naturalization paperwork and I have some questions. Some background information: I have been convicted in my home country (Europe) in 1994 of 'co-principal in defalcation'. The sentence was a fine of app $900, of which $400 unconditional and $500 conditional with a 2 year cautionary period.
A couple of notes:
- I have never been arrested or in jail for this; I only got summoned to make a statement at the police station and I had to go to court for sentencing
- The 2 year cautionary period is no probation: I have never been on probation or had to report to a probation officer. The 2 years just means 'stay out of trouble for 2 years and you're fine'
- This conviction is done in a local so called Police court, where the
maximum possible sentence is 6 months. Even although US Immigration
defines defalcation as moral turpitude, the fact that the maximum possible sentence is less than 1 year made me eligible for an immigration visa. This wasn't easy at the time, but the local consulate has been very helpful in getting me through the loops (yes, the US government can also be helpful!)
Now onto the questions on the naturalization form
15. Have you ever committed a crime or offense for which you were not
arrested?
-> Answer No
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?
-> Answer Yes, I guess since I was cited? Or should this be No?
17. Have you ever been charged with committing any crime or offense?
-> Answer Yes
18. Have you ever been convicted of a crime or offense?
-> Answer Yes
19. Have you ever been placed in an alternative sentencing or a
rehabilitative program (for example: diversion, deferred prosecution,
withheld adjudication, deferred adjudication)?
-> Answer No
20. Have you ever received a suspended sentence, been placed on
probation or been paroled?
-> Answer Yes for the suspended sentence of 2 years I guess? Or No?
21. Have you ever been in jail or prison?
-> Answer No
Date arrested, cited,detained or charged? (mm/dd/yyyy)
-> Answer: conviction date
Where were you arrested,cited, detained or charged? (City, State, Country)
-> Answer: court where I was convicted
Why were you arrested, cited,detained or charged?
-> Answer: Co-principal in defalcation
Outcome or disposition of the arrest, citation, detention or charge
(No charges filed, charges dismissed, jail, probation, etc.)
-> Answer: Fine of $900
I do have a certified copy of the conviction that I will include with my application. Do I need to write an affidavit with an explanation similar with what exactly happened? Can't I assume that INS has all the paperwork in my file anyway?
The only thing that concerns me is that even although I received a Green Card and was approved, INS will not look at the details of my case and deny me. Or am I just worried about nothing? Obviously, I haven't been into trouble after my 'incident' in either my home country or the USA.
Thanks so much!
I am currently filling out the naturalization paperwork and I have some questions. Some background information: I have been convicted in my home country (Europe) in 1994 of 'co-principal in defalcation'. The sentence was a fine of app $900, of which $400 unconditional and $500 conditional with a 2 year cautionary period.
A couple of notes:
- I have never been arrested or in jail for this; I only got summoned to make a statement at the police station and I had to go to court for sentencing
- The 2 year cautionary period is no probation: I have never been on probation or had to report to a probation officer. The 2 years just means 'stay out of trouble for 2 years and you're fine'
- This conviction is done in a local so called Police court, where the
maximum possible sentence is 6 months. Even although US Immigration
defines defalcation as moral turpitude, the fact that the maximum possible sentence is less than 1 year made me eligible for an immigration visa. This wasn't easy at the time, but the local consulate has been very helpful in getting me through the loops (yes, the US government can also be helpful!)
Now onto the questions on the naturalization form
15. Have you ever committed a crime or offense for which you were not
arrested?
-> Answer No
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?
-> Answer Yes, I guess since I was cited? Or should this be No?
17. Have you ever been charged with committing any crime or offense?
-> Answer Yes
18. Have you ever been convicted of a crime or offense?
-> Answer Yes
19. Have you ever been placed in an alternative sentencing or a
rehabilitative program (for example: diversion, deferred prosecution,
withheld adjudication, deferred adjudication)?
-> Answer No
20. Have you ever received a suspended sentence, been placed on
probation or been paroled?
-> Answer Yes for the suspended sentence of 2 years I guess? Or No?
21. Have you ever been in jail or prison?
-> Answer No
Date arrested, cited,detained or charged? (mm/dd/yyyy)
-> Answer: conviction date
Where were you arrested,cited, detained or charged? (City, State, Country)
-> Answer: court where I was convicted
Why were you arrested, cited,detained or charged?
-> Answer: Co-principal in defalcation
Outcome or disposition of the arrest, citation, detention or charge
(No charges filed, charges dismissed, jail, probation, etc.)
-> Answer: Fine of $900
I do have a certified copy of the conviction that I will include with my application. Do I need to write an affidavit with an explanation similar with what exactly happened? Can't I assume that INS has all the paperwork in my file anyway?
The only thing that concerns me is that even although I received a Green Card and was approved, INS will not look at the details of my case and deny me. Or am I just worried about nothing? Obviously, I haven't been into trouble after my 'incident' in either my home country or the USA.
Thanks so much!