Foreign Criminal Record Surfaces in Citizenship Review
A decades-old foreign criminal record surfaced during a U.S. citizenship review, leading to the arrest of a permanent resident who had lived in the country for more than 30 years. Immigration attorneys warn that offenses committed overseas, including in South Korea, can come under scrutiny years later during green card or naturalization proceedings.
The Guardian reported Sept. 2 that Loreto Javar, a 76-year-old permanent resident from the Philippines, was arrested by U.S. Immigration and Customs Enforcement (ICE) in June while attending a citizenship interview at a U.S. Citizenship and Immigration Services (USCIS) office in Tukwila, Washington.
Javar moved to the United States in 1995 and has lived in the country for more than three decades, renewing his green card multiple times. But when he applied for U.S. citizenship, a criminal case dating back roughly 50 years resurfaced.
According to court records, Javar was involved in an altercation in the Philippines in the 1970s that left one person dead. He served approximately three years in prison before being released on parole.
Foreign Criminal Record Can Surface Decades Later
ICE said Javar failed to disclose the conviction when he originally applied for a U.S. visa.
According to the agency, had Javar disclosed the conviction, he would not have been eligible to enter the United States. ICE maintains that because his original admission was based on incomplete information, he is not legally entitled to remain in the country today.
Javar’s family disputes the government’s account. They say he submitted a background clearance document from the Philippines’ National Bureau of Investigation (NBI) when he applied to enter the United States. They also maintain that Javar has had no criminal record in the United States and has lived a law-abiding life since arriving in 1995.
According to TangGol Migrante Movement, a Filipino migrant rights organization, Javar’s detention came after the NBI provided information about his criminal history to the U.S. Department of Homeland Security (DHS).
Korean Criminal Records Are No Exception
Immigration attorneys say the case carries an important warning for Korean immigrants: A criminal record from South Korea can also become an issue during U.S. immigration proceedings, even if the offense occurred decades ago.
In one case handled by immigration attorney Joseph K.W. Choen, an assault offense committed by a Korean applicant in South Korea decades earlier was discovered during the green card application process.
“Immigration authorities can obtain information about overseas criminal histories if they decide to investigate,” Choen said. “Applicants should not assume that a record will never surface simply because the incident happened a long time ago.”
Choen advised applicants to answer questions about criminal history truthfully regardless of where the offense occurred and to obtain official documentation showing that the case was fully resolved.
Immigration Forms Ask About Crimes Outside the U.S.
Both Form I-485, used to apply for adjustment of status to permanent residence, and Form N-400, used to apply for naturalization, ask applicants about arrests, charges and convictions, including incidents that occurred outside the United States.
That means Korean immigrants who have been convicted of offenses such as fraud, embezzlement or assault in South Korea may be required to disclose those records.
Failing to disclose a foreign criminal record can create immigration consequences beyond those associated with the underlying offense. If authorities determine that an applicant intentionally concealed material information, the person could also face allegations of misrepresentation or immigration fraud.
Green Card Renewals Do Not Erase Past Immigration Records
Renewing a green card multiple times does not necessarily mean an immigrant’s original immigration history will never be reviewed again.
During the naturalization process, immigration authorities may examine records and statements dating back to the applicant’s original visa application or acquisition of permanent resident status. As a result, an omission or false statement made decades earlier can potentially become a serious obstacle when the immigrant later applies for U.S. citizenship.
Javar’s case underscores that even decades of residence in the United States and repeated green card renewals do not necessarily prevent immigration authorities from revisiting information provided when a person first entered the country.
Meanwhile, the Trump administration is considering requiring parents to provide proof of their immigration status when applying for U.S. passports for children born in the United States.
Under draft State Department guidelines, parents or legal guardians could be required to submit documents such as proof of U.S. citizenship, a green card or an I-94 arrival/departure record when applying for a child’s passport.
The proposed policy is aimed at verifying parents’ immigration status as the administration seeks to identify cases it considers exceptions to birthright citizenship, including those involving so-called “birth tourism.”
