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Unintentional Failure to Disclose a Criminal Charge on I-485

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  • 01-12-2015, 04:01 PM
    kanistra
    Unintentional Failure to Disclose a Criminal Charge on I-485
    In 2005 November I had I485 Interview and was approved for a 10 year green card, now (2015) finally have time to apply for Citizenship (n400), collected all the paperwork and accidentally noticed that I had Ticket back in 2005 for "Underage public intoxication" Basically police stopped me on the parking lot while i was walking, made me breath and issued me a ticket. No fingerprints, no arrests. This happened ONE MONTH before my I 485 Green Card Interview. I DID NOT MENTIONED this on the interview, simply because i did not know that it is crime at all, I was under impression it was falling under "Traffic" issues. Talked to the lawyer today, he is saying that it is bad but he can rule this out, I will receive my citizenship and i will not have any issues. I am just trying to understand what mechanism layer will use to explain this accident to the immigration officer. Also lawyer mentioned that this "ticket" is considered as arrest.

    Thanks.
  • 01-12-2015, 10:53 PM
    Mr. Knowitall
    Re: Unintentional Failure to Disclose "Underage Alcohol Intoxication" Charge on I-485
    Presumably your lawyer is going to inform the USCIS of your mistaken belief that your charge was not of a criminal nature and that you had no intent to misstate any facts, while pointing out that due to the age and nature of the charge it would not have impacted your application for citizenship, and ask that your error be excused. If you want to know his exact strategy, you should pose your question to him.
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