Someone asked.....
"......could you provide some clarifications on question 16.D of N-400?
The latest revised form asks whether one was ever cited by any LEO for any reason.
Instructions attached to N-400 don't have mention of word "cited" and only give examples of what to do in case if one was arrested or detained. The published and redacted version of AFM also lacks the reference to most current form N-400, instead discussing what appears to be the older version of N-400.
How do you explain such discrepancy?
Are those who , after reading instructions and published AFM , assume that citation can be concealed risking to have petitions denied for not answering the question truthfully? Or was the question itself worded erroneously? Could you clarify this? There are 89 pages of controversial postings on this subject and everyone seems to make their own decision how to respond to this question.
If you have great deal of awareness about current regulations it would be great if you responded with your opinion under relevant thread, with corresponding sections of INA and CFR to back up your point of view."
RESPONSE:
The form instructions clearly tell the applicant to answer yes IF ANY PART applies and then attach an explanation. As was pointed out, the AFM is redacted. [No agency will let you in on all their tricks-of -the-trade, trade secrets, or law enforcement sensitive or proprietary information. This is true in business as well..anybody know the formula for Coca-Cola, or the KFC spice recipe?]
GMC is partly (majority) defined in INA 101(f) and is further clarified in 8 CFR 316.10.
BOTH the INA and CFR include different levels of GMC factors.
There are:
permanent bars,
temporary bars, AND
Officer's Discretion (which is guided by USCIS Policy and precedent decisions.)
There are other bars that are sort of obscure: (Subversives: voluntary Communist Party or Totalitarian-favoring Party membership or currently issued an NTA).
Probation is not a bar to filing BUT it is a bar to actual approval and Naturalization. Behavior while on probation is a major factor in discretionary determinations of GMC.
Good behavior on probation: paid fines, attended: classes, counseling, AA or NA mtgs; passed toxicology screenings, did not violate terms of probation, perhaps got early release or termination of probation, and got no bench warrants would be seen as favorable factors and likely a finding of sufficient GMC.
Screwing up on probation, getting bench warrants, failing to pay fines, not showing up where and when told to, failing tox screens (ask Robert Downey, Jr., Lindsey Lohan and Paris Hilton about that), or getting probation extended should lead to a finding of a lack of GMC due to no rehabilitation being shown. This person should expect to wait 5 full years AFTER the end of probation before applying with any chance of success.
One of the biggest problems applicants can cause for themselves is to lie or attempt to conceal anything. This is especially foolish when the thing they lie about or attempt to conceal would not have prevented naturalization. The LIE will start a period when they CANNOT establish GMC and cannot re-apply until they serve a new GMC statutory period commensurate with the section of law they are applying under. Generally this will be 5 years from the date of the most recent LIE.
Don't be a fool! Don't lie or try to conceal anything on an N-400.
IF you have any GMC issues see a lawyer BEFORE filing an N-400.
"......could you provide some clarifications on question 16.D of N-400?
The latest revised form asks whether one was ever cited by any LEO for any reason.
Instructions attached to N-400 don't have mention of word "cited" and only give examples of what to do in case if one was arrested or detained. The published and redacted version of AFM also lacks the reference to most current form N-400, instead discussing what appears to be the older version of N-400.
How do you explain such discrepancy?
Are those who , after reading instructions and published AFM , assume that citation can be concealed risking to have petitions denied for not answering the question truthfully? Or was the question itself worded erroneously? Could you clarify this? There are 89 pages of controversial postings on this subject and everyone seems to make their own decision how to respond to this question.
If you have great deal of awareness about current regulations it would be great if you responded with your opinion under relevant thread, with corresponding sections of INA and CFR to back up your point of view."
RESPONSE:
The form instructions clearly tell the applicant to answer yes IF ANY PART applies and then attach an explanation. As was pointed out, the AFM is redacted. [No agency will let you in on all their tricks-of -the-trade, trade secrets, or law enforcement sensitive or proprietary information. This is true in business as well..anybody know the formula for Coca-Cola, or the KFC spice recipe?]
GMC is partly (majority) defined in INA 101(f) and is further clarified in 8 CFR 316.10.
BOTH the INA and CFR include different levels of GMC factors.
There are:
permanent bars,
temporary bars, AND
Officer's Discretion (which is guided by USCIS Policy and precedent decisions.)
There are other bars that are sort of obscure: (Subversives: voluntary Communist Party or Totalitarian-favoring Party membership or currently issued an NTA).
Probation is not a bar to filing BUT it is a bar to actual approval and Naturalization. Behavior while on probation is a major factor in discretionary determinations of GMC.
Good behavior on probation: paid fines, attended: classes, counseling, AA or NA mtgs; passed toxicology screenings, did not violate terms of probation, perhaps got early release or termination of probation, and got no bench warrants would be seen as favorable factors and likely a finding of sufficient GMC.
Screwing up on probation, getting bench warrants, failing to pay fines, not showing up where and when told to, failing tox screens (ask Robert Downey, Jr., Lindsey Lohan and Paris Hilton about that), or getting probation extended should lead to a finding of a lack of GMC due to no rehabilitation being shown. This person should expect to wait 5 full years AFTER the end of probation before applying with any chance of success.
One of the biggest problems applicants can cause for themselves is to lie or attempt to conceal anything. This is especially foolish when the thing they lie about or attempt to conceal would not have prevented naturalization. The LIE will start a period when they CANNOT establish GMC and cannot re-apply until they serve a new GMC statutory period commensurate with the section of law they are applying under. Generally this will be 5 years from the date of the most recent LIE.
Don't be a fool! Don't lie or try to conceal anything on an N-400.
IF you have any GMC issues see a lawyer BEFORE filing an N-400.