Is there a way to request my complete A-file (via FOIA?) before filing for naturalization?

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bcc8234

Registered Users (C)
I'm planning on filing for naturalization later this year. But there are a couple of arrests/citations for which I don't remember if I included them into my GC application.

- In 1999, smoking on the subway in NYC (on open platform). $60 fine. paid.
- In 2001, possession of a firearm 2nd and 3rd degrees. Dismissed. Sealed.
- In 2004, a curfew violation, walking around in central park after 1AM. Conditional $100 fine with 6 months probation. No incidents for the 6 months, so the fine was waived.

There were a couple of parking and speeding tickets as well, which I included, but can't recall now.

I remember that when applying for adjustment of status to permanent resident, I specified the possession of a firearm and included the dismissal records. But for the life of me, I can't remember if I included the other two, the citations.

My concern is that if I omit them for the naturalization application now yet they were listed in my GC application, then I might get denied because I will have lied on my naturalization application.

If on the other hand, I do include them on the naturalization application, but it turns out that I didn't do the same on my GC application, then not only would I get denied my naturalization application, but they could potentially go after my GC. Because it would look like I lied on GC application and my permanent resident status could be revoked on those grounds alone.

Additionally, I moved a lot. So now, I'm having a hard time remembering the exact dates to match with my previous addresses. And I would like to avoid providing USCIS with conflicting information.

Is there a way to request my file under FOIA or some other way?

More importantly, could it hurt my chances of approval? Would they be concerned that I tried to get a copy of my A-file?
 
Don't worry, nowadays it seems to take a few months only, perhaps 6 at most. The 2 years was long time back as far as I know.
 
I checked some docs on their site by following the link, and it says preliminary response withing 20 working days.
So maybe it will take even less than that. But if it's under 6 months, then it's not a problem for me.

Does anyone know if it's possible to request a copy of the "entire" file? They mention some specific forms that I could request, but I would like to be able to see everything they have in there. Not just the forms I filled out, but also all additional documentation/paperwork I ever submitted aside from the forms.
 
You must have filed your GC through an attorney, Right? Why don't you check with your attorney if they have a copy of your GC forms?
 
bcc8234 said:
I checked some docs on their site by following the link, and it says preliminary response withing 20 working days.
So maybe it will take even less than that. But if it's under 6 months, then it's not a problem for me.

Does anyone know if it's possible to request a copy of the "entire" file? They mention some specific forms that I could request, but I would like to be able to see everything they have in there. Not just the forms I filled out, but also all additional documentation/paperwork I ever submitted aside from the forms.
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There is no guarantee you can get it under 6 months. So if you file FOIA, then you will make a decsion when you file N400. You prefer to file N40 after you get your A file.
If FOIA drag on, then you need to decide to wait or ignore this FIOA request. There is a speculation that concurrent FOIA and N400 may mutually delay eachother's speed

By the way, did you file your I485 thru a law firm? If so, contact that law firm to get copy of all your I485 and supporting documents. Most likely they keep copes of what they file
 
WBH, thanks for your post. But I'm not worried about that "offense" hurting my chances of approval for naturalization.

In my case, an angry cop simply arrested me with a toy gun, a replica like a lighter, yet filed a report as if I had a real gun + live ammo on me. Hence 2nd and 3rd degrees. The toy was in my pocked, and he only stumbled upon it much later, when searching me while I was already in handcuffs.

The case was dismissed not on technicality and not because I plead guilty, but simply because I didn't commit any kind of crime. The prosecution asked to dismiss the case right from the start. So the whole "trial" lasted about 25 seconds.

All in all, it was a good outcome for me because if I didn't have that toy on me, the cop would probably push for disorderly conduct, resisting arrest, obstructing justice, and/or a bunch of other crap cops usually resort to when they realize they did something wrong but don't want to admit it.

But your experience with FOIA really concerns me.

I don't remember why exactly I didn't specify them all. Maybe I did, but the more I think about it, the more paranoid I'm getting.
I'm going to re-read the I-485 requirements. Maybe they are less strict than N-400 when it comes to listing every citation.

So it could turn out that I didn't have to individually list the other offenses when applying for a GC.
 
bcc8234 said:
I don't remember why exactly I didn't specify them all. Maybe I did, but the more I think about it, the more paranoid I'm getting.
I'm going to re-read the I-485 requirements. Maybe they are less strict than N-400 when it comes to listing every citation.

So it could turn out that I didn't have to individually list the other offenses when applying for a GC.
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I-485 is not less strict. In fact, old N400 had exactly same wording as I485 "Have you ever been arrested, cited, cgared, indicted, convicted, sentenced, fined for violation
of any law, ordiance exclduing traffic violation". new N400 break down that one sentence into severals but I don't think substantially change anything.

You may argue you thought smoking on subway was a traffic violation so was that curfew violation.

I truely don't think you need to worry and neither do I think you need to do this FOIA. Just file N400
 
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I truely don't think you need to worry and neither do I think you need to do this FOIA. Just file N400
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Don't they cross-reference the stuff I submitted earlier for the GC application?

I'm not worried about listing all of them. None of them are serious enough to establish that I lack good moral character.

I just don't want any discrepancies to bite me in the butt.

On top of that, I'm a bit worried about a background check. I don't know how thorough it is, but it would suck if it showed some citations which I failed to specify on the application.

Is the background check for N-400 more thorough than for I-485?
 
I wouldn't expect less than 6 months, the 20 days is the time for them to send you a letter telling you that it will take some time to process your request ;) It most likely will be 6 months to a year. I don't know if in WBH case there was interference between N400 application and FOIA, but 2 years just seems too much, and doesn't match some other experiences that are under 1 year.
 
Do they look into the previous GC filing when processing N-400?

What if I simply include the firearm arrest/dismissal with all the paperwork and nothing else? I know that I definitely included it with I-485, so there won't be any inconsistencies there. But can they deny me if for some reason it turns up that I hid or failed to disclose a couple of citations none of which resulted in arrests or fines over $500?

Or can I just verbally mention all other citations during the interview?
 
bcc8234 said:
Do they look into the previous GC filing when processing N-400?

What if I simply include the firearm arrest/dismissal with all the paperwork and nothing else? I know that I definitely included it with I-485, so there won't be any inconsistencies there. But can they deny me if for some reason it turns up that I hid or failed to disclose a couple of citations none of which resulted in arrests or fines over $500?

Or can I just verbally mention all other citations during the interview?
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They have your complete A-file when adjudicating the N-400 application. Whether the IO will scrutinize the I-485 is up to him/her, but I would not take any chances. So, yes, it would make good sense to ensure that your I-485 and N-400 are consistent.
 
bcc8234 said:
Do they look into the previous GC filing when processing N-400?

What if I simply include the firearm arrest/dismissal with all the paperwork and nothing else? I know that I definitely included it with I-485, so there won't be any inconsistencies there. But can they deny me if for some reason it turns up that I hid or failed to disclose a couple of citations none of which resulted in arrests or fines over $500?

Or can I just verbally mention all other citations during the interview?
Click to expand...

Even there is some inconsistency if it is about some minor issue I don't think it is a big deal. In my opinion, smoking on a open platfom or curfew cviolations are just as serious as ordinary traffic violations or even much less serious. Traffic violations are at least under state laws while smoking or curfew offense may just be a violation of city ordinance.
 
What would be the correct way to request my file via FOIA?

Do I state "complete contents of A-file with all supporting documentation"? Or do I need to list all forms and everything else that was submitted?
 
natur08 said:
So, yes, it would make good sense to ensure that your I-485 and N-400 are consistent.
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What if he knew he did not dislcose smoking and curfew issue on I485, so in order to keep consistency he will not disclose them on N400? I think he should just dislcose all three offenses on N400 and do not offer to mention I485 but prepare some explanations if IOs does point out inconsistency. For example an excuse can be "I thought smoking
and curfew are only civial offense so I was not aware I need to disclose them and now I realize I was wrong
and I apologize".
 
bcc8234 said:
What would be the correct way to request my file via FOIA?

Do I state "complete contents of A-file with all supporting documentation"? Or do I need to list all forms and everything else that was submitted?
Click to expand...

File FOIA request using G-639. Instruction are all here.

Some points:
(1) Fill the form G-639
(2) Make copy of all pages of all your old passport, and other iimmigration docuemnts as supporting document
(3) If you file thru a third party, then a pA(Privacy Act) form need to be filled too.


http://www.uscis.gov/USCIS/uscisfoiarequestguide(7).pdf

http://www.uscis.gov/files/form/g-639.pdf
 
They have your complete A-file when adjudicating the N-400 application.
Click to expand...

This got me thinking. Do I need to get another certified copy of the dismissal for my arrest/charges? They already have it in my A file because I was required to provide it. Or will I have to include a new one for the same arrest?

I think he should just dislcose all three offenses on N400 and do not offer to mention I485 but prepare some explanations if IOs does point out inconsistency. For example an excuse can be "I thought smoking
and curfew are only civial offense so I was not aware I need to disclose them and now I realize I was wrong
and I apologize".
Click to expand...

This is what I want to do. But not sure if the IO would be understanding of this or not.

I'm going to try livescan/cardscan to see which of the cases/citations the state can dig up on me. I don't remember exact dates and I don't have any certified copies or proof that I paid (but I did pay all citations/fines). If the state's records shows up, then I'll include all three. If not, then just the ones that show up.

Since the smoking thing was over 10 years ago, I doubt they would still have records of it. So if I mention it but won't be able to provide all paperwork, I might end up in a bad situation.
 
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