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  1. #1
    Join Date
    Jul 2016
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    1

    Default Will a Misdemeanor Record as a Juvenile Affect Naturalization, 20 Years Later

    I have two questions:

    1. I am in my late 30's and I have been in US since I was a small child but I still have a Green Card. I live in Texas and when I was 17 years old I got arrested for Minor in Possession of Alcohol and I was fingerprinted, I plead no contest and did an alcohol class and 40 hours of community service. I have had employers and myself ran a half a dozen background checks since then and nothing shows up on my criminal record, I even payed for a background check for myself which included having someone stop by the County Court and no record was found. I have not been in trouble with the law since then. I am now trying to apply for US citizenship and on the forms it states if I have ever been arrested. Even thou this not show up on my background check and I was 17 which is considered a minor in Texas do I still have to report this and how would this affect my application?

    2. I am married to a US citizen for over 5 years but we are currently separated and living in different households and filing for divorce. I have been here long enough that I do not need the fact that I was married to a US citizen for over 5 years to qualify. Do I still have to file as married and include my wife's information in order to apply or can I do this on my own merits of being here for my majority of my life?

    Thank you

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: MIP from 20 Years Ago and How It Affects My Application

    Quote Quoting PolishGuy
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    I have two questions:

    1. I am in my late 30's and I have been in US since I was a small child but I still have a Green Card. I live in Texas and when I was 17 years old I got arrested for Minor in Possession of Alcohol and I was fingerprinted, I plead no contest and did an alcohol class and 40 hours of community service. I have had employers and myself ran a half a dozen background checks since then and nothing shows up on my criminal record, I even payed for a background check for myself which included having someone stop by the County Court and no record was found. I have not been in trouble with the law since then. I am now trying to apply for US citizenship and on the forms it states if I have ever been arrested. Even thou this not show up on my background check and I was 17 which is considered a minor in Texas do I still have to report this and how would this affect my application?

    2. I am married to a US citizen for over 5 years but we are currently separated and living in different households and filing for divorce. I have been here long enough that I do not need the fact that I was married to a US citizen for over 5 years to qualify. Do I still have to file as married and include my wife's information in order to apply or can I do this on my own merits of being here for my majority of my life?

    Thank you
    I doubt that a teenage alcohol offense that was 20 years ago is going to have any impact on your naturalization application. You should be honest about it. However that is a personal opinion and I think that you would be better served by getting a legal opinion from an immigration attorney. I also think that you should run your marital status by the immigration attorney as well.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Will a Misdemeanor Record as a Juvenile Affect Naturalization, 20 Years Later

    The principal focus at the time of naturalization is whether you show good moral character within the past five years. An offense from twenty years ago, at the age of 17, with no element of moral turpitude is not likely to be an issue -- but honest disclosure remains imperative.

    You have told us that you are married, and even long-term separation does not change the fact that you are married. You will disclose the fact of your marriage and your spouse's current address in Section 10 of the N-400 form. If you don't want to be married when you file your N-400, get a final judgment of divorce before you complete and file your N-400. Even after divorcing, you will still have to identify your former spouse on your N-400.

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