I have been a permanent resident since 2004 and would like to apply for citizenship. My concern is an incident in 1995 (17 years ago) when I was entering the USA with a tourist visa but in a secondary interview was not allowed to enter because I gave false statement and had false documents like business cards and letter of employment to prove that I am gainfully employed and will return back to my country and I would be allowed entry as a tourist. I voluntarily withdrew my application and was detained overnight to catch the next flight out and my valid tourist visa was cancelled. In 2003 the petition of my father who is a USA citizen became current and I applied for a waiver citing hardship case. I was granted permanent residence. Will the 1995 incident affect a favorable decision of my application for citizenship?Thank you
State/Country relating to question: California
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.Will the 1995 incident affect a favorable decision of my application for Citizenship?Likely not. Under 73.6, Good Moral Character is essential to Naturalization. Although it focuses mostly on criminal matters, it is subjective and it up to USCIS. But, going how far back? "Although the law specifies that the good moral character requirement applies to the statutory period, conduct prior to that period may impact the adjudicator’s decision regarding whether or not an applicant meets the requirement."So USCIS does retain the right to consider what happened in 1995. However, given that your I-601 waiver was approved and this was over seventeen years ago, it is highly unlikely that this would even be a factor.For illustration, consider that the applicant has to be free of crimes that tinge Good Moral Character for only five years prior to application.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Thank you for your encouraging opinion.
In view of the above incident kindly check if I answered correctly the N-400 Application Part 10 D Moral Character
#16 Have you ever been arrested, cited, or detained by any law enforcement officer (including USCIS or former INS and military officers for any reason? YES (I was detained overnight to catch return flight)
Why were you arrested,cited, detained or charged ?
Giving false statements and false documents (I-275)
Date arrested, cited, detained or charged?
Where were you arrested, cited, detained , or charged?
(City, State, Country)
Belleville Michigan, Police Dept Holding Facility, Detroit
Outcome or disposition of the arrest, citation, detention, or charge
I withdrew my Application, No charge filed, Valid B1B2 Visa Cancelled
# XXXXX Have you ever given false or misleading information to any goverment official while applying for any Immigration benefit or to prevent Deportation, exclusion or removal? YES
# XXXXX Have you ever lied to any US Goverment official to gain entry or admission into the USA? YES
# XXXXX Have you ever been removed, excluded or deported from the
USA? YES Jan 5, 1995 I was denied entry.
Hello,This all seems very correct.I have to admit - you are not guaranteed this 100%. You did lie to US government officials, after all. But you really do not have a choice, and it has been long enough.If you deny that this ever happened, then they will definately turn down your application because of course, this would be in your record.Perhaps - if I may recommend - adding an affidavit from yourself explaining what happened in greater detail and how you have learned from the incident and are now a different person and regret your actions - this would go a long way. You'd file this with the N-400.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Private practice in several areas, including immigration
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