n400 part 12 - prior illegal presence

[jasoncerri 2]

Finally it's that time we are applying for my wife's citizenship (or she is applying for herself more correctly). We are finishing up but I keep revisiting Part 12, #22 "Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?"

 

My wife was in the country illegally before we got married. We disclosed that from the beginning, and then received the 601 waiver and were able to process her k1 visa, LPR, lifting of conditions, etc (see my timeline). All the process since receiving the waiver has been smooth.

 

So my question is do I mark YES for #22? She was never arrested, deported, etc. She left the US willingly so we could start the process of the K1, etc. And again, we have disclosed all this info to USCIS many times before, so it is not secret. I keep thinking we should mark YES, but I just want to be sure. Thank you!

[f f 725]

put yes since technically she could have been convicted of it if caught but then I clue a statement explaining everything. 

 

good luck

[MyJourney 276]

Well they ask you to report it even if your case is dismissed. So it is necessary to answer yes and explain the story behind it. If you don't truthfully disclose it that will be counted against your good moral character.

[jasoncerri 2]

Got it, thanks. We will answer YES and provide a brief explanation as to why and that we disclosed all this information in the 601 waiver we filed years ago.

[Gattu 1]

Honestly, WTH the is threshold here? Am I supposed to fess up to every single time I may have rolled through a stop sign? Speeding?

[yatsek 32]

Nonsense. The issue of illegal presence was resolved at the time when you received your 601 waiver and everything about it is in your file. No need to bring it up over and over.   This kind of overzealousness won't endear you to the adjudicator as it only creates more paper work for them.

[f f 725]

14 minutes ago, yatsek said:

Nonsense. The issue of illegal presence was resolved at the time when you received your 601 waiver and everything about it is in your file. No need to bring it up over and over.   This kind of overzealousness won't endear you to the adjudicator as it only creates more paper work for them.

and if you are wrong he gets slapped with trying to hide prior problems that are clearly documented with uscis. he literally can write a 1one line explanation that takes 10 seconds to read.

mark yes

previously had illegal presence which was waved due to waver ######.

 

why risk it.

 

good luck

[yatsek 32]

55 minutes ago, f f said:

hide prior problems that are clearly documented with uscis

FF, do you even read what you write? How can you hide something which is, to use your words "clearly documented"?

[f f 725]

1 hour ago, yatsek said:

FF, do you even read what you write? How can you hide something which is, to use your words "clearly documented"?

do you know how to tell context?

I was telling the OP there is no way he can hide the illegal presence since it is documented with uscis already.

read the quote I quoted and then read what I wrote.

[jasoncerri 2]

2 hours ago, f f said:

and if you are wrong he gets slapped with trying to hide prior problems that are clearly documented with uscis. he literally can write a 1one line explanation that takes 10 seconds to read.

mark yes

previously had illegal presence which was waved due to waver ######.

 

why risk it.

 

good luck

I agree with ff. the risk of NOT mentioning it far outweighs the risk of mentioning it in a simple one-liner.