Legal Question in Immigration Law in California
When applying for United States Citizenship, do they do a background check in the applicant's previous country. I am from Europe and had some pending charges (minor bar fight) when I came to the US. I have been married to a US Citizen for over 4 years and hold a green card. I would like to apply for citizenship but am afraid the incident will come out and I will have to return to my previous country to face charges. What are the chances/risks?
2 Answers from Attorneys
All the answers must be responded to without making material misrepresentations of fact, otherwise it would be viewed as based on fraud and you could be denied. It doesn't matter what is checked, what matters is what you state on the application. International criminal records are sometimes consulted. There are several databases that can be chosen from to solicit information on a person's background. The government chooses one when doing checks and you don't know which necessarily.
The above is general information, not legal advice. It doesn't form an attorney client relationship. For further information you may call me at 818 609 1953 or write [email protected].
Sincerely,
Alice M. Yardum-Hunter, Bd. of Legal Specialization, State Bar of CA
Certified Specialist, Immigration & Nationality Law
The application for US citizenship through naturalization asks you several sepcific questions about your prior arrests and convictions. For example, have you EVER been arrested, charged, convicted with a crime in ANY country of the world; have you EVER committed a crime for which you were not arrested, etc.
See form N-400, part 10.
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