During the United States naturalization process, immigrants will have to enforce "good moral character" that will be further established and conducted by USCIS consular officers. Generally, USCIS officers will ask various questions that elicit both the applicant's character and criminal record.
All individuals who undergo the process of naturalization should be aware of the process and be prepared to answer these questions that will question their character. It is vital that all the questions are answered truthfully and thoughtfully, the consular officer must take a sworn statement if the applicant has criminal offenses that they admit to during their questioning.
Court dispositions may be legally requested for any criminal offenses committed both on U.S. soil and abroad. Additionally, USCIS requires that applicants provide court dispositions that are certified by the pertinent jurisdiction of the offense committed during the statutory period.
Applicants are required to provide these certified court dispositions for any arrests involving:
- Arrests involving a criminal act committed during the statutory period
- Arrests for murder
- Arrests for any offense that would otherwise render the applicant into removal
- Arrests that occur outside the statutory period, but would preclude the applicant's GMC if compounded with an arrest inside the statutory period
- Arrests that occurred on or after November 29,1990—that may be aggravated felony
Failure to Produce Evidence?
For cases where the initial examination has been conducted, the officers should exercise discretion on the naturalization application with the merits where the applicant fails to respond to a request. In other words, USCIS officers are not to deny the application for lack of prosecution after the previous naturalization examination.
The consular officers will be asking many difficult and complex questions pertaining to one's moral character. Finding the right legal counsel will help prepare an applicant for a difficult interview. With the right case and clear answers to these GMC questions, applicants can rest assured that they are creating a compelling case. If you know anyone currently undergoing the naturalization process, it is highly advised that he or she seeks legal counsel from our office-if they have not already done so.
It is advisable to seek legal guidance from our office today as we strive to help guide you with your specific case.
Attorney Ramona Kennedy cares about your case and will fight for you.
You can contact attorney Ramona Kennedy Law Offices (Kennedy Law LC) for an initial consultation and case evaluation. The first consultation is free of charge.
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