Q: Question for N-400 application
Hi, I'm unsure how to answer the following question: have I ever been in jail or prison?
I was previously arrested and released on bail a couple hours later. Based on this situation how should the question above be answered? Yes or No
Thank you in advance!
A: If you were arrested by the police and placed in a jail cell then you must respond to the question in the FORM N-400 with a "yes".
You will need to provide USCIS with a court disposition of the event.
Good luck to you.
Kevin L Dixler agrees with this answer
A: You may want to rethink whether to file for naturalization. Some offenses can result not only in your naturalization being denied, but followed by detention, and deportation proceedings.
A criminal conviction for immigration purposes is defined different as a matter of law. This means that some criminal attorneys, prosecutors and the court may encourage you to plead guilty to an offense for which only deportation is the outcome. As a result, I strongly recommend an appointment/teleconference with a competent and experienced immigration attorney as soon as possible.
An appointment will be a much better value should you be disqualified and subject to civil deportation proceedings, which seem criminal and oppressive in the way that hearings can operate.
The above is general information, not legal advice, and does not create an attorney client relationship.
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