In May 2013, our experienced immigration attorneys were retained by a client who wanted to apply for his U.S. citizenship. Our client was a decent man who had been a Legal Permanent Resident of the U.S. (commonly known as a “green card holder”) for many years. He was very eager to become a U.S. citizen, and came to our office seeking advice on whether he was eligible. After conducting an initial evaluation, our knowledgeable attorneys concluded that he did meet all of the requirements for applying for U.S. citizenship. Our client was ecstatic and couldn’t wait for our attorneys to get started on his case.
However, soon after starting work on his case, our attorneys learned that the client had not told us the whole story. Despite being asked multiple times by our attorneys if he had ever been charged with a crime, he affirmatively answered “no.” After researching our client’s past history, our attorneys uncovered an extensive criminal record going back more than a decade. He had been charged and convicted of theft, possession of counterfeit money, with multiple DUI/DWIs. In addition, he had also been charged with battery and destruction of property.
That was not all. On top of his criminal record, our client also failed to disclose that he owed taxes to the state and the IRS. It was clear that our client had kept these things a secret because he was fearful that it would prevent him from becoming a U.S. citizen. Our attorneys understood and sympathized with why he had concealed the truth, but we also explained to him that we were on his side. In order for us to help him become a U.S. citizen, he would have to be completely honest moving forward. Our attorneys also attempted to alleviate his fears and explained that having a criminal record and owing taxes would not automatically mean that his dream of becoming a U.S. citizen was over.
From the moment the client retained our services, the strategy, as is the same with all of our clients, was to leave no stone unturned. This strategy did not change once we learned of our client’s past criminal history. As a result of our detailed work, we found that several of the prior arrests happened twenty years ago. We also discovered that our client’s convictions for theft and possession of counterfeit money had been vacated through post conviction relief. Luckily, our client’s last conviction was many years ago and his criminal record had been clean since that time.
As to the taxes that our client owed, we walked him through the process of contacting the relevant organizations and paying his taxes prior to his naturalization interview. He was happy to meet his tax obligations and to be free of the stress and worry that owing taxes might have prevented him from becoming a U.S. citizen.
Failing to fully disclose or omitting important facts on an application to the U.S. Citizenship and Immigration Services (“USCIS”) increases the likelihood that a case will ultimately be denied, and this will also become a good moral character issue because the applicant lied to USCIS. Therefore, our office always advises all of our clients to be completely honest when dealing with USCIS. In this case, our attorneys detailed our client’s past confidently knowing that, in time, we would prove that he is a person worthy of becoming a U.S. citizen.
Our client’s chance to become a U.S. citizen was tested on the day of his naturalization interview. When the USCIS Officer asked our client about his criminal history, our immigration attorney rose to the challenge and advocated on our client’s behalf. He stressed to the Officer that our client is a person of good moral character despite his criminal record. After all, those arrests, charges, or convictions were either not prosecuted, vacated, or were beyond the time period that USCIS should be looking into. Mostly because of our immigration attorney’s strong advocacy, our client shined at his naturalization interview.
Recently, USCIS approved our client’s application for U.S. citizenship. Our client is now a proud U.S. citizen and is happy to join the millions of others in achieving this American Dream.
If you are dealing with a similar immigration problem and you do not know where to turn, contact the Law Offices of Anthony A. Fatemi as soon as possible to set up a consultation. Our experienced, qualified, and knowledgeable team of immigration attorneys will help you navigate the complicated immigration laws and support you through this difficult journey that you should not have to embark alone.