Q about N400 "Moral Character" questions

[jbond_46254]

I have the following enquiry about the Qs that are asked on form N400 under the heading "Good Moral Character":

There are Qs that ask whether you have been charged or convicted of a crime or offense. This got me wondering as to whether these Qs apply only to inside the U.S. or does this include foreign countries as well. And that is because certain foreign countries can have pretty lame laws using which somebody could accuse you of a crime.

- What do you think is meant by "crime" or "offense" in these Qs? "Crime" or "offense" as defined by US Law or laws of foreign countries?

- If somebody has accused you of a crime in a foreign country using some lame local laws, do you need to disclose that on the N400 form?

- What is meant by the word "charged" of a crime or offense? Is it the same thing as "accused"?

- The table that follows these Qs on N400 ask for the City, State, Country where you were "charged" with the "crime" or "offense". Does this mean that the Q includes foreign countries as well here?

 

[boatbod]

I think the scope of the questions are pretty clear; they all say "Have you ever ...", which would seem to be inclusive of things that happened both here and abroad.

Since I'm not a lawyer, I can't make much authoritative comment regarding the definition of "charged", however I think it would be fair to say if the police came and arrested you, that pretty much covers it.

 

[jbond_46254]

Well, how about a situation where somebody in your "home" country files a criminal case against you that leads to the police issuing a warrant for your arrest. Since you would be in US, you would not actually get arrested, but a warrant and a criminal case would still be there against you.

Mind it, such a scenario is pretty likely given the pathetic legal situation of certain foreign countries. There are places in the world where somebody can file a criminal complaint against you and the police will issue a warrant for you simply based on the complaint and without any evidence whatsoever. There are places in the world where the police will issue a warrant simply when given the requisite bribe.

I was just wondering what will be the implications of the above on the N400 application. If something like the above happens, I would guess judging from the way the Qs are asked on the N400, that you would be required to declare it. And if you do declare the event, will that automatically lead to an N400 denial?

 

[boatbod]

I guess it all depends if you have been officially notified that there is a warrant waiting for you if you ever return to your old country. After all, there wouldn't be much point declaring something that might just be a rumor would there? I'm also fairly sure the FBI won't have it in their files, assuming it isn't some sort of international terrorist threat.

So... ahem... what was the problem again? My memory seems to be getting defective!

 

[N400Applier]

I have the following enquiry about the Qs that are asked on form N400 under the heading "Good Moral Character":

There are Qs that ask whether you have been charged or convicted of a crime or offense. This got me wondering as to whether these Qs apply only to inside the U.S. or does this include foreign countries as well. And that is because certain foreign countries can have pretty lame laws using which somebody could accuse you of a crime.

- What do you think is meant by "crime" or "offense" in these Qs? "Crime" or "offense" as defined by US Law or laws of foreign countries?

- If somebody has accused you of a crime in a foreign country using some lame local laws, do you need to disclose that on the N400 form?

- What is meant by the word "charged" of a crime or offense? Is it the same thing as "accused"?

- The table that follows these Qs on N400 ask for the City, State, Country where you were "charged" with the "crime" or "offense". Does this mean that the Q includes foreign countries as well here?

You have to list all crimes in every country.

In your case I would consult a lawyer because only they can answer questions like "Crime", "Offense" in foreign countries and their implication on the Citizenship application.