In this week’s article, I will be answering the question of whether you need to disclose arrests and other criminal records to U.S. Citizenship and Immigration Services or USCIS. I have had more than a few people contact me regarding this question because they have heard from friends and even some attorneys, that they do not, and should not, disclose this information to immigration. Read on to find out.

Yes! If you are requesting any benefit from US Citizenship and Immigration Services (Immigration), such as applying to adjust your status to a permanent resident (green card) or petitioning for US Citizenship, you must disclose all arrests, charges, and convictions. As a specific example, in your application Form I-485 for your green card, on page 10, Part 8, starting with question #25, Immigration is asking about past arrests, convictions, etc…therefore you must answer these questions. And if you answer in the affirmative, meaning YES, you do have a record, you must also submit information and documentary evidence of these past charges!!!

In most cases where you have a past arrest and conviction record, Immigration would like to see whether your case is over and whether or not you have satisfied all the requirements of the court. Therefore you most likely will need to submit two of the following legal documents* to USCIS:

(1) Local Police Clearance Letter, and

(2) Court Judgment / Disposition of Case / Satisfaction of Penalties

*NOTE: Different jurisdictions have different names for these documents. So, where the State of California might call a final case determination a Court Judgment, a different jurisdiction like the State of Nevada might call it a “Disposition”.

You might have heard some say you do not need to disclose your record because the information was expunged or it happened years ago, or maybe because you were a child at the time ("juvenile" / minor), that is not correct. The truth is, if you do not disclose it …first, that is not being honest and open to the US Government, second it can make things worse! If you fail to disclose this information and USCIS finds out, you can be charged with fraud. "Fraudulent Non-disclosure". If that is the case, you may be subjected to severe penalties, including but not limited to your deportation from the United States!!! Therefore, I do not recommend withholding this past record. In most cases where someone has a history of arrest or criminal charges, we disclose and explain it.

If you need someone to meet and speak to the police or with Immigration on your behalf, contact me. We are here to help you.

If you have questions, or need assistance, please contact my office at (818) 846-5639, or my Thai direct line at (818) 505-4921. If you have any questions that you would like to be answered in future articles, or would like to share your opinions or comments, please email me at: JC4LAW@HOTMAIL.COM. Also be sure to check us out on the web at: WWW.JC4LAW.COM, and on FACEBOOK at: https://www.facebook.com/ThaiAttorney Be sure to follow (and "like") me for the most recent updates in the law! For those in Thailand or outside of the United States, I am now reachable using the LINE app. My LINE ID is: JC_Esq On YouTube, search "Joseph Chitmongran" (LIKE and SUBSCRIBE to be notified of new videos in the future).

Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.