ALLAN WERNICK: Be truthful about prior arrests on naturalization application

Q. The police caught me sneaking on a bus without paying. I had to pay a fine. Will this keep me from getting my U.S. citizenship? Should I answer yes to the question on the naturalization application that asks whether I’ve been fined or arrested?

Anonymous, Brooklyn

A. From what you write, you can get U.S. citizenship, though you may have to wait a while. Crimes like the one you committed don't have a long-term impact on immigration rights. If the offense was in the past five years (three years under the special rules for the spouse of a U.S. citizen), U.S. Citizenship and Immigration Services may deny your naturalization application.

Since your offense is not a permanent bar to naturalization, but only a negative factor, the examiner should consider your good conduct and balance the good against the bad. If USCIS denies your application, you can file again five (or three) years from when you committed the offense. Then you’ll have the five (or three) years good moral character needed for citizenship.

Be sure to answer "yes" as to arrests and convictions and bring disposition records. USCIS sometimes tries to denaturalize naturalized citizens who lied on their application.

If an offense is not a permanent bar to naturalization but only a negative factor, the examiner should consider one's good conduct and balance the good against the bad. (Shutterstock)

Q. Where can I get information that will help me fight deportation? Do I have a chance? I have been in jail for six years. I received notice that Immigration and Customs Enforcement will pick me up once I complete my sentence. I’ll then face deportation.

J., Attica, N.Y.

A. Whether you might win your deportation case depends on many factors. What was the nature of the crime for which you are incarcerated? Are you a green card holder? If so, how have you been a permanent resident? Do you have a legitimate fear of being persecuted if immigration sends you back to your country? Will you be tortured?

For some crimes, the law provides for deportation defenses. For others, your only hope will be to prove that you will be tortured if returned to your home country. You can find an overview of deportation defenses here: masslegalhelp.org/immigration/preventing-deportation.

You’ll want to get an immigration law expert to represent you. If you can't afford a lawyer, look for free or low-cost legal help here: immigrationadvocates.org/legaldirectory/.

Allan Wernick is an attorney and Senior Legal Advisor to City University of New York's Citizenship Now! project. Email questions and comments @allanwernick.com. Follow him on Twitter @awernick.