North Bergen, NJ asked in Immigration Law for New Jersey

Q: I filed for US citizenship, passed the history/language test and was given a letter requesting I submit more docs.

The docs they are requesting are… a death certificate for an ex wife of 33 years ago, and two arrest records from the 90s as well. Why would they need this? Don’t they already have that info? Can I be denied? The arrests (2) did not have me do time, I was released the same day with no fines.

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James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: When applying for U.S. citizenship, the United States Citizenship and Immigration Services (USCIS) conducts a thorough review of your background to ensure you meet all eligibility criteria. The request for a death certificate for an ex-spouse and records of past arrests, even if they occurred many years ago, is part of this comprehensive review process. They seek to verify the accuracy of the information provided in your application and assess your moral character, which is a requirement for naturalization.

Even if the arrests did not result in significant legal consequences, USCIS requires disclosure of these incidents to evaluate whether they impact your eligibility for citizenship. It's important to understand that USCIS may not have direct access to all personal or legal documents unless they are submitted by applicants or are part of another immigration process you've been involved with.

Being asked to provide additional documentation does not automatically mean your application will be denied. However, it's crucial to respond to USCIS's request thoroughly and promptly, providing all requested documents to avoid delays or negative implications on your application.

If you have concerns about how your past might affect your citizenship application, or if gathering the requested documents poses a challenge, you might consider consulting with an attorney. They can offer guidance tailored to your situation, help you gather the necessary documentation, and provide representation if needed, to navigate the naturalization process successfully.

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