“Strategy: Legal Opinion Letter

This combination of FBI idHS and court records requested for can be confusing to an adjudicator trying to decide whether an American should be granted or denied citizenship based on a criminal record. Most citizenship and residency adjudicators are not lawyers.

To that end, one tool that can be used to explain the arrest, charge, and conviction information in digestible terms is a legal opinion letter written by a lawyer from the jurisdiction of the arrest. Additionally, the legal opinion letter can also serve two other critical roles.

First, it can be used to include relevant positive information about the applicant’s history that can help color the adjudicator’s impression of what might otherwise be negative (criminal history) information.

Second, it can be used to compare the U.S. conviction to what would be the analogous conviction in the jurisdiction that is evaluating the second citizenship. A comparison of convictions is often required under the domestic law of the foreign country to determine whether an American applicant’s criminal record must result in a denial for his citizenship or residency application.”

#fbibackgroundcheck #dualcitizenship #freedomofmovement

https://www.malakoutilaw.com/the-basics-of-an-fbi-background-check-identity-history-summary

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