New York Daily News

Bust for fake ID may trip naturalizi­ng bid

- Last March, the police arrested me for using a fake ID. I was charged with a misdemeano­r, but the judge ordered the case dismissed if I attended an educationa­l program. I completed the program, and so my record is clean. Must I mention the arrest when I a

AU.S. Citizenshi­p and Immigratio­n Services requires that you mention all arrests when you apply to naturalize. You must also submit dispositio­n records. Though you say the judge ordered the case dismissed, USCIS still considers you convicted. That’s because a conviction includes cases where the defendant had to take a class, pay a fine or do community service prior to the dismissal. Because the law considers crimes involving lying or fraud to be “crimes involving moral turpitude,” USCIS could deny your applicatio­n. It depends on why you used the fake ID and whether you could show other, more positive aspects of your character. Speak to an immigratio­n law expert before applying, but my guess is that applying now for U.S. citizenshi­p is worth a try. If USCIS denies your applicatio­n, you can reapply five years after your arrest, or three years if you qualify to naturalize under the special rules for the spouse of a U.S. citizen.

QAYou start by filing U.S. form I-130, Petition for Alien Relative. The I-130 filing fee is $535. USCIS will send a filing receipt and then an I-130 approval notice. In the next steps, you will receive a request for an affidavit of support and visa applicatio­n form from the U.S. Department of State National Visa Center. The procedures vary a bit, depending on the consulate where your spouse will apply for the visa. The costs are $120 for affidavit of support fee and $325 for immigrant visa. Finally, the U.S. consul in your spouse’s country will schedule the immigrant visa interview.

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