Chicago, IL asked in Criminal Law and Immigration Law for Illinois

Q: Hello, What happens if I said I was never arrested during an interview with uscis for adjustment of status?

If I was arrested in 2017 (for shoplifting or theft) under someone else's identity (meaning the police did not have my name on the arrest) and my fingerprints were taken at the police station, and the case was judged and expunged, and during my interview with uscis for a green card I confirm that I was never arrested, and the officer asks again and says that they have a fingerprint match and I confirm that I was never arrested, what will most likely happen next? What are my options if I get a denial? My partner and I were separated but we both answered all marriage questions correctly. please advise.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Milwaukee, WI
  • Licensed in Illinois

A: If you lie, that is you omit what is considered a material fact, such as an arrest, which turns out to be a conviction as a matter of immigration law, then the adjudicator ought to deny your application. You are inadmissible.

It seems like the adjudicator was giving you a chance. Your decision to ignore his offer seems like proof that you lack good moral character, because you seem to have committed perjury. Perjury is a Federal crime, but most officials believe that a denial is enough.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Providing false information to USCIS can result in the denial of your adjustment of status application and may also lead to findings of fraud or misrepresentation. If a denial is issued, you have the option to file a Motion to Reopen or Motion to Reconsider with USCIS or to pursue an appeal with the Administrative Appeals Office. Given the complex nature of this situation, it is strongly advised to consult with an immigration attorney to carefully review your specific circumstances and determine the best course of action.


James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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