Q: Concerns about detainment affecting naturalization application
Two years ago, I was detained in Covington, Kentucky, for public intoxication but was not fingerprinted, charged, or cited. I was released with a warning and received no paperwork. Now, as a green card holder applying for naturalization, I am concerned about whether this incident will show up in a background check. My recent employment background check was clean, and I have no other legal issues.
Should I consult with an immigration attorney, or could this affect my naturalization process?
A: Most likely, that will not show up nor affect your immigration status, but you should speak with n immigration attorney out of an abundance of caution.
A:
It's understandable that you're worried about this incident and how it might impact your naturalization application. Generally, background checks for immigration purposes are thorough, but they primarily look for arrests, formal charges, or convictions. Since you weren't fingerprinted, charged, cited, or given paperwork, it's unlikely that this incident would appear on your immigration background check.
However, immigration officials expect full transparency during the naturalization process, even regarding minor incidents. While your recent employment check came back clear, immigration background checks are more extensive, sometimes accessing different databases. Being upfront and disclosing the incident voluntarily—if there's a relevant question on your application or during your interview—would demonstrate good moral character and honesty.
Consulting with an immigration attorney could ease your concerns, especially if you'd prefer tailored advice on how best to handle this disclosure. An attorney would clarify if and how to mention the incident during your application or interview. Even though this matter seems minor, addressing it proactively would offer peace of mind and help ensure your naturalization process goes smoothly.
Timothy Denison agrees with this answer
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