When you apply for an immigration benefit, such as a green card or U.S. citizenship, you are required to disclose any arrests or criminal convictions that you have ever had.
Do You Have to Disclose Arrests to USCIS When You Apply for an Immigration Benefit?
If you have ever been arrested, you must disclose your arrests to U.S. Citizenship and Immigration Services (USCIS). If you fail to do so, even if your record has been expunged, you may be denied the immigration benefit you are seeking.
What if I Was Arrested but Not Convicted of a Crime?
If you were arrested but never convicted of a crime, you must still disclose your arrest to USCIS. You will need to provide information about the arrest, including the date of the arrest, the charges, and the disposition of the case.
Related: Can you work for the government if you have a criminal record?
What if My Record Has Been Expunged?
Even if your criminal record has been expunged, you must still disclose your arrest and conviction to USCIS. USCIS will not consider a criminal record to be expunged for immigration purposes unless it has been sealed by a court or otherwise rendered unavailable to the public.
What Happens if I Fail to Disclose an Arrest or Conviction on My Immigration Application?
If you fail to disclose an arrest or conviction on your immigration application, you may be denied the benefit you are seeking. You may also be placed in removal proceedings and deported from the United States.
It is important to note that, even if you are granted a waiver of your inadmissibility, USCIS may still deny your application for an immigration benefit if it finds that you knowingly and willfully failed to disclose your arrest or conviction.
Therefore, it is always best to be honest and upfront about your criminal history when applying for any immigration benefit, even if your record has been expunged.
Related: Is it possible to get a government security clearance with a criminal record?
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
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