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Inconsistent N-400's

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  • Inconsistent N-400's

    Client filed N-400 years ago, after he had been arrested 2 times. One was dismissed, one was supervision. That N-400 did not disclose those arrests. He failed the government portion of the interview/exam and then dropped the matter for years. Now, he wants to file a new N-400 and disclose his total 4 arrests: the 2 from before and 2 new ones. Will the inconsistency, which is likely to show up, lead to any automatic denial of the application? sanctions? thanks for thoughts.

  • #2
    Client filed N-400 years ago, after he had been arrested 2 times. One was dismissed, one was supervision. That N-400 did not disclose those arrests. He failed the government portion of the interview/exam and then dropped the matter for years. Now, he wants to file a new N-400 and disclose his total 4 arrests: the 2 from before and 2 new ones. Will the inconsistency, which is likely to show up, lead to any automatic denial of the application? sanctions? thanks for thoughts.

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    • #3
      Automatic denial and possible criminal prosecution for violations of 18 USC 1001 False Statements and 18 USC 1015 False Statements in Naturalization, Citizenship or Alien Registry.

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      • #4
        I don't know who you are but I finally got it! Thank you for helping all people. For those who made honest mistakes this forum is a blessing and for those who are victims the knowledge of the members here is invaluable. Keep up the good work and you will be rewarded in life. People do make honest mistakes but there are other's who knowingly break the LAW and premeditate harm to others. I do hope you will answer my pm

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        • #5
          I would imagine from a layperson's PoV, the original application wouldn't matter now because they discovered the lies at the interview, denied on lack of good moral character and probably said he could re-apply in X years' time. The one supervision conviction, if it were more than 15 years ago, they are unlikely to be interested in it now.

          Are the 2 new arrests just arrests? Have they gone to court? If so, what was the outcome? Any 2 or more misdemeanors (convictions) in general can make one inadmissible for PR, let alone Citizenship.

          The USCIS won't make a decision in any case because of the 2 arrests if still pending. Take a look here. They are cracking down hard on criminal aliens these days:

          http://discuss.ilw.com/eve/for...=208105801#208105801

          It'll all depend on what the arrests were for and the outcome. Any CIMT, drugs or "aggravated felony" charges as defined by the INA will likely trigger removal proceedings even if he remains a PR.
          "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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