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FOR GUILLERMO I have a question for you about someone who…

FOR GUILLERMOHello sir. I have...
FOR GUILLERMOHello sir. I have a question for you about someone who would like to apply for Naturalization. Her situation is that she failed the English exam and too much time has lapsed so she needs to apply again. The issue she has is that when she initially applied, she didn't put in her application her two prior arrests/convictions for minor offenses which occured many years ago.1. Would you recommend that if she submits a new N400 now, that she includes the information about her criminal history this time around or is that risky since they might notice that she didn't include this information the first time she applied? I think the reason she didn't include the info originally was some issue related to her poor English and not understanding the question on the N400 related to any prior criminal history.2. What is the worst case scenario here if she does decide to submit a new N400 now and does include the new information about her prior criminal history? What would happen if they construe that as an intentional lie etc.?Thank you.
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Answered in 3 hours by:
3/9/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,949
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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1) The problem is that I can only recommend to be honest. I cannot recommend that she lie and not disclose. That being said, I think it is the correct thing to do to explain that it was an oversight due to the poor understanding of English.

2) I believe the worst that could happen is that they believe that she lied on purpose, then they may make her wait 5 years after she was honest before applying again.

Also, this is assuming that the two issues are minor and don't make her deportable from the U.S. Sometimes even one major issue can get her deported and some minor issues if there are 2 or more can get her deported. That would be the absolute worse case, of course.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 5 months ago
Is prostitution two times something that can get her deported?

Could be. Was there a sentence, even suspended? What was it?

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Customer reply replied 5 months ago
she was convicted both times.
Customer reply replied 5 months ago
Btw, you said that you believe it is correct thing to do to explain it was an oversight due to poor understanding of English.My question is, are you saying it is a given that they will want some explanation? Or is it possible they will not even notice that this time around she included the info?

I think it is a given that they will see it and want an explanation. But what was the sentence for each conviction, even if it was a suspended sentence?

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,949
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
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Customer reply replied 5 months ago
I don't know she says it was like 20 years ago. I think she also doesn't know. Maybe we can revisit this question this week.
Customer reply replied 5 months ago
Hello sir. Are you available to answer to the new inquiry i posted for you? Please let me know. Thank you.

Yes. Sorry, I was away for the weekend doing charity work.

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