IMMIGRATION Q & A

Question: I have a question about naturalization. I will be applying next month and my friend said that I need to have some kind of letter from the police clearing me of criminal background. Can you please tell me exactly what I need to ask for? Thanks so much!

Answer: That is an excellent question. And the answer is simple - you DON’T need to get it! For Adjustment of Status (“Green Card”) and N-400 Naturalization applications, you do not need to obtain what was referred to as a “police clearance” report anymore prior to filing your application. The fingerprints which are taken by the USCIS Support Center provide all that the Immigration now needs. So don’t waste time going to the local police station to obtain such reports, the USCIS has not required such reports for several years now. However, in both types of cases, if you were ever arrested, even if the case was later dismissed, you need to obtain an official stamped/certified copy of both 1) the Arrest Report (obtain from the police dept. which arrested you) and 2) the official Court Disposition (obtain from the court where your case was adjudicated). The originals are to be given to the USCIS officer at the time of your interview. Only send copies in your initial petition package.

Question:  I am a permanent resident and last month I was convicted of driving under the influence (DUI).  I had planned a vacation abroad with my wife for our anniversary, but now I am so worried that when we return from our trip, I may not be able to get back into the country because of my criminal conviction.  Is there any chance that this will happen?  Is there any possibility that I could be deported because of the conviction?  I’m so scared that I feel like cancelling the trip, but I don’t want to disappoint my wife. Thank you so much for any advice you can give me.

Answer: Generally, No. A simple conviction for DUI with no aggravating factors does not put you at risk for deportation, and will not prevent you from reentering the country after your trip.  However, a DUI offense combined with an aggravating factor, such as driving with a suspended license, could cause you immigration problems.  Additionally, if you are sentenced to one year or more of prison time, you could potentially be at risk of deportation, or in your case, being prohibited from entering the country after your trip.  To be on the safe side, any immigrant who has ever been convicted of any crime (simple traffic tickets excluded), would be wise to consult with an immigration attorney so that he or she can review the specific facts of the case to determine any potential consequences of the conviction.

Finally, if you apply for Naturalization, your DUI conviction could become an issue.  The immigration officer must determine if you have good moral character, and they may take this conviction into account, especially if it occurred within the 5 years preceding the Naturalization application.

Question: I heard that it is now possible to apply for Citizenship after only 4 years as a Green Card holder, is that true?

Answer: This is NOT true. The naturalization requirements remain at five years of permanent residency for most cases (you can apply once you have had a Green Card for 4 yrs and 9 months). Immigrants who are married to U.S. citizens generally can apply for naturalization after three years, if the couple has been married for at least three years and the U.S. citizen-spouse has been a U.S. citizen for at least three years.

Question: Hi, thanks for answering my question. I went to my marriage residency interview last month and I got my Green Card yesterday, but it is only good for 2 years! I thought I got my full residency. Why is it only two years? I have a friend who got his residency last year and he got the full 10 yrs. I am so upset - I hope that you can put this in your column and give me the answer.

Answer: That is an important question.  The reason you received only two-year “conditional” residency was likely because you had not been married for at least 2 years by the time of your marriage interview.
The difference in obtaining Permanent Residency versus Conditional Residency relates entirely to the time the couple has been married at the time of the “Adjustment Interview”.  If the couple has been married for at least two years by the date of the interview, then the USCIS officer will issue the foreign spouse full (unconditional) Permanent Residency. If the marriage is less than two years old, then the foreign spouse will only receive only Conditional Residency for two years. Then, 90 days before the two year anniversary of receiving the Conditional Residency, a petition to remove the “conditional” status of the residency must be filed (I-751- request to remove the “conditionality” and make the residency permanent) along with lots of evidence of the continuing marriage. USCIS processing of the I-751 could take one year or more. The couple must include substantial evidence of living together in a real marriage from the date the foreign spouse received the initial Permanent Residency, until the date of filing the I-751 petition. If the evidence provided to the USCIS does not clearly show demonstrate this, the USCIS will request additional evidence and in weak cases, a second interview will be scheduled.