I am a Legal Permanent Resident. I was denied of Naturalization back in 2001. They said the reason I was denied was because of "lack of prosecution. I mentioned my arrests when I was still a minor but failed to provide them with documents to support it. I reapplied for naturalization and is scheduled for an interview on August. I retrieved my record from the court and it'clean, should I mention my arrest when i was a minor again? I'm worried that my documents might not be sufficient enough.
You should get Certificate of Disposition of all your cases from the Court to show those at the time of interview that your cases were finished or sealed being a minor at that time. Good luck.
The burden of proof is with you when you apply for naturalization and if you don't provide the proper information regarding your arrest (even if you were a juvenile), your applicaiton will be denied. If you intentially (or sometimes, falsely believing that you don't) lie about it, you can became "removable" not for the offense, but for the untruth told about it.
In any case, usually after an "incident" or rightfull denial of a naturalization application, you need to accumulate your 5 or 3 yrs. respectively, time of "good moral character", if it is an offense that doesn't barr you from establishing "good moral character" permanently.
If you were denied in 2001, your application may be put in too early at this time. If the offense is more than 5 yrs., at least try to appeal if you get denied again. During the interview, you've got a last chance to disclose everything truthfully and show all papers that you can gather (or have in your possession) to prove your good moral character. Good luck!
Being in and out of removal proceedings shouldn't be a problem right?
I found this info on BCIS website and it doesn't mention about removal proceedings.
"Generally, an applicant must show that he or she has been a person of good moral character for the statutory period (typically five years or three years if married to a U.S. citizen or one year for Armed Forces expedite) prior to filing for naturalization. The Service is not limited to the statutory period in determining whether an applicant has established good moral character. An applicant is permanently barred from naturalization if he or she has ever been convicted of murder. An applicant is also permanently barred from naturalization if he or she has been convicted of an aggravated felony as defined in section 101(a)(43) of the Act on or after November 29, 1990. A person also cannot be found to be a person of good moral character if during the last five years he or she:
* has committed and been convicted of one or more crimes involving moral turpitude * has committed and been convicted of 2 or more offenses for which the total sentence imposed was 5 years or more * has committed and been convicted of any controlled substance law, except for a single offense of simple possession of 30 grams or less of marijuana * has been confined to a penal institution during the statutory period, as a result of a conviction, for an aggregate period of 180 days or more * has committed and been convicted of two or more gambling offenses * is or has earned his or her principal income from illegal gambling * is or has been involved in prostitution or commercialized vice * is or has been involved in smuggling illegal aliens into the United States * is or has been a habitual drunkard * is practicing or has practiced polygamy * has willfully failed or refused to support dependents * has given false testimony, under oath, in order to receive a benefit under the Immigration and Nationality Act.
An applicant must disclose all relevant facts to the Service, including his or her entire criminal history, regardless of whether the criminal history disqualifies the applicant under the enumerated provisions."
correct Bushmaster; once the removal order is terminated and the status properly adjusted, you start accruing your time for residency and naturalization.
Usually a person who does not qualify for naturalization, will not be adjudicated to LPR (in those rare cases a "stay of removal" for humanitarian reasons may be issued).
Any "yes" to those critical questions do NOT mean an automatic disqualification of your N-400!
All it means is that the application has to go through further chanels and the statements made by the applicant will be scrutinezed by a supervisor or senior officer. The applicant will have to provide proper support for his or her own case in order to proof "good moral character" (law related issue), "rehabilitation" (minor substance abuse), "retribution" (political affiliations) etc. all depending on which of the questions were marked "yes".