Question about conducting the interview

[Homo.Erectus]

This is really for people who were arrested before (or were arrested and never did anything about it). Given that the interview is conducted under oath, anything you say can be used against you. According to "Adjudicator's Field Manual" the interviewing officer that was assigned the case receives a RAP sheet from the FBI (if any criminal records exist).
Here's the question:
Does the interviewing officer obliged by the law to confront the interviewee about the RAP sheet and ask for court documents? Or he/she can just make the interviewee sign a sworn affidavit about never being arrested and denied the application based on lack of Good Moral Character for lying under oath?

Cheers.

 

[GhantaBro]

If you think you have a record in FBI or any court for anything more than traffic tickets then you should not lie.

 

[Homo.Erectus]

Gee, thanks for your insite. Of course you shouldn't lie. The question is does the IO obliged by law to reveal (disclose) that there's some record(s) found?

Cheers.

 

[Bobsmyth]

Gee, thanks for your insite. Of course you shouldn't lie. The question is does the IO obliged by law to reveal (disclose) that there's some record(s) found?

Cheers.

The applicant is obliged to disclose any past records to the IO,not the other way around. The IO may ask you about a record in an indirect way by asking you if you have anything to disclose, but the onus is for the applicant to mention any past incidents since the applicant's moral character is being tested.

 

[boatbod]

I've recall at least one instance of the IO first asking "what happened in 19xx?" and then when the applicant said "nothing", getting them to sign a statement to that effect, immediately prior to confronting them with evidence to the contrary. Not a good situation or outcome...

So I suppose the answer to the question is that there is no duty for the IO to reveal his hand prior to letting the applicant drop themselves in the soft smelly stuff.

http://www.immigrationportal.com/showthread.php?t=217018

 

[Citizentobehz]

IO has no obligation to disclouse any information to you, and it is entirly your responsibility to bring any information. Your statement and sworn statement will be used to adjudicate your case along with other information and background within your application.

Also to understand, Citizenship application is a form of immigrantion benefit, not constitutional rights to everyone. Therefore, it is an administrative process under sole descretion of USCIS. you have the rights to appeal USCIS' decision on your application should it is not in your favor. After adminisstrative review, and you still feel that USCIS has violated your basic rights, then, you can bring the issue to US district court for further process.

 

[aabbcc11]

I seriously doubt the IO will reveal the case details. They will most likely ask the applicant for more info not the other way like you suggest in post #3 above.

 

[lazycis]

IO has no obligation to disclouse any information to you, and it is entirly your responsibility to bring any information. Your statement and sworn statement will be used to adjudicate your case along with other information and background within your application.

Also to understand, Citizenship application is a form of immigrantion benefit, not constitutional rights to everyone. Therefore, it is an administrative process under sole descretion of USCIS. you have the rights to appeal USCIS' decision on your application should it is not in your favor. After adminisstrative review, and you still feel that USCIS has violated your basic rights, then, you can bring the issue to US district court for further process.

Citizenship application is different from some other applications for immigration benefit (i.e. Visa application). If an applicant complies with all statutory requirements, the USCIS has to grant naturalization. Visa can be refused based on USCIS discretion even if an applicant fulfulled all the requirements.

Bobsmyth is right, the burden is on an applicant to show that s/he is of good moral character. IO does not have to disclose the results of USCIS investigation to an applicant prior to an interview.