criminal history on Naturalization Form

[aup]

I got my GC through political asylum and I'll be applying for my citizenship very soon.
I will be listing my detentions on my home country under criminal history on N-400. At first it didn't make sense but an immigration lawyer suggested that. My question is that shoud I add a letter to N-400 indicating that those detentions were the reasons I got my permanent residency? I need some help writing that letter. I want to keep it short. I don't want to mention the details either. I'll answer when the IO asks. I appreciate your help.

 

[armin78]

Yes, you are right and you should add a letter.ask your lawyer to write one for you since you have one.

 

[faysal]

I got my GC through political asylum and I'll be applying for my citizenship very soon.
I will be listing my detentions on my home country under criminal history on N-400. At first it didn't make sense but an immigration lawyer suggested that. My question is that shoud I add a letter to N-400 indicating that those detentions were the reasons I got my permanent residency? I need some help writing that letter. I want to keep it short. I don't want to mention the details either. I'll answer when the IO asks. I appreciate your help.

You should be concerned more on the test. The asylum aspect of your history is over. You are greencard holder. List all the things you think are necessary in your application, but don't worry too much about you grilled on your asylum history. In most cases, the naturalization processess focus on the last five years. If you have that five years clean, the rest is history. I have seen many friends who worried too much about their asylum history...only to find to fail the test....good luck

 

[baikal3]

I got my GC through political asylum and I'll be applying for my citizenship very soon.
I will be listing my detentions on my home country under criminal history on N-400. At first it didn't make sense but an immigration lawyer suggested that. My question is that shoud I add a letter to N-400 indicating that those detentions were the reasons I got my permanent residency? I need some help writing that letter. I want to keep it short. I don't want to mention the details either. I'll answer when the IO asks. I appreciate your help.

Yes, absolutely, it is a good idea to enclose such a letter to an N-400 application. Although for determination of good moral character the IO will primarily look at the last 5 years, they do look at the entirety of your immigration and criminal history. If you had arrests or convictions in your home country that were a part of political or ethic persecution, you do need to explain that to put them into proper context, and a letter explaining what happened would certainly be useful for the IO.

 

[baikal3]

You should be concerned more on the test. The asylum aspect of your history is over. You are greencard holder. List all the things you think are necessary in your application, but don't worry too much about you grilled on your asylum history. In most cases, the naturalization processess focus on the last five years. If you have that five years clean, the rest is history. I have seen many friends who worried too much about their asylum history...only to find to fail the test....good luck

That's bad advice.

The test is really easy and is designed for someone with an intellectual level of a 10 year old. One does need to prepare for the test, but 2-3 days of diligent preparation would be more than sufficient for most people. In my observations, the only times people fail the test is if they did not study at all or if they have very poor English. I have followed this forum for quite a few years and I don't remember anyone reporting that they failed the test. (I myself studied for about 15 minutes the day before the interview and still coasted through the test). Plus even if an applicant fails the test, he/she is given another try a few weeks later. Usually if people have problems during the interview, it is because some issues in their immigration or criminal history, or because of issues with continuous residency, etc.

 

[faysal]

That's bad advice.

The test is really easy and is designed for someone with an intellectual level of a 10 year old. One does need to prepare for the test, but 2-3 days of diligent preparation would be more than sufficient for most people. In my observations, the only times people fail the test is if they did not study at all or if they have very poor English. I have followed this forum for quite a few years and I don't remember anyone reporting that they failed the test. (I myself studied for about 15 minutes the day before the interview and still coasted through the test). Plus even if an applicant fails the test, he/she is given another try a few weeks later. Usually if people have problems during the interview, it is because some issues in their immigration or criminal history, or because of issues with continuous residency, etc.

So you are telling the fellow that the arrests that took place in his home country will surface in the naturalization interview. Make sure you understand that the arrests are not criminal under US laws. The detensions the fellow is talking about are the ones on which he got his asylum, and since the were on his original asylum application, the uscis probably knows about. The reason the lawyer suggest his list them on the naturalization form is because there might be inconsistencies that may raise an issue if you don't put them on the N-400, but they were in the original asylum application.

The reason I suggested that he focus on his test was to assure him that his arrests/detensions in his home country that the us considers a persecution against which he was given asylum will not be an interview feature...read and understand before you declare anybody's suggestions misquided. I won't declare your opinion as lame because there might be something good in it....

 

[baikal3]

So you are telling the fellow that the arrests that took place in his home country will surface in the naturalization interview. Make sure you understand that the arrests are not criminal under US laws. The detensions the fellow is talking about are the ones on which he got his asylum, and since the were on his original asylum application, the uscis probably knows about. The reason the lawyer suggest his list them on the naturalization form is because there might be inconsistencies that may raise an issue if you don't put them on the N-400, but they were in the original asylum application.

The reason I suggested that he focus on his test was to assure him that his arrests/detensions in his home country that the us considers a persecution against which he was given asylum will not be an interview feature...read and understand before you declare anybody's suggestions misquided. I won't declare your opinion as lame because there might be something good in it....

For one thing, the applicant is obligated to tell the truth in N-400, which asks to disclose ALL arrests and convictions, regardless of where and when they occurred. In this case in particular, those arrests are a part of OP's asylum case, which is a part of his A-file and the IO will have have the entire A-file during the interview. So the arrests definitely need to be disclosed on N-400 since otherwise the OP may be accused of lying.
The IOs are first and foremost bureaucrats and they treat N-400 applications primarily in a bureaucratic manner. If they see that the question about arrests is answered in the affirmative, they will want to see an explanation and it is better to provide such an explanation up front and in writing. Otherwise the processing of the case may be delayed and the IO may request additional evidence to be mailed in after the interview instead of approving the case right away.
Like I said, I have followed this forum for quite a few years and there have been quite a few stories of this kind.

 

[Yahana]

The entire site is run by the Department of Public Safety and the way it is set up shows a no-nonsense approach to criminal issues. Once you get into the free criminal check site click on the information you need and you will be taken to that particular page and guided through the steps to get it.