Forgot to include info in n-400

**supeman29** · 17th March 2009, 07:51 PM

HI

I was arrested in 2002 for shoplifting and the judge told me at sentencing , that after i completed community service, this would be stricken from the record.

I did not include it in the n400 and in the interview I did make any mention of the offense. i was told during the interview they did not receive fingerprint report back as they were scheduling interviews too fast, and told me they will inform me of their decision and that she passed he civics exam portion of the interview..

what should I do at this point or just wait to see what they tell me ? i realize it was wrong to not mention it under oath. I were really nervous and did not know what to do at the time of interview and made a bad decision to not make any mention ?

if my citizenship application is denied becuase of this, does it affect my GC in anyway.

**McTavish** · 17th March 2009, 08:09 PM

No it won't affect your GC so relax.

What's done is done, I'd sit tight and see what happens.

**supeman29** · 17th March 2009, 08:11 PM

can I do anything to correct this before they gave me a deicision ? can i request to meet with the interviewing officer ?

**hoping in 2009** · 17th March 2009, 09:52 PM

When was your interview??

**Bobsmyth** · 17th March 2009, 10:28 PM

Originally Posted by supeman29

HI

I was arrested in 2002 for shoplifting and the judge told me at sentencing , that after i completed community service, this would be stricken from the record.

I did not include it in the n400 and in the interview I did make any mention of the offense. i was told during the interview they did not receive fingerprint report back as they were scheduling interviews too fast, and told me they will inform me of their decision and that she passed he civics exam portion of the interview..

what should I do at this point or just wait to see what they tell me ? i realize it was wrong to not mention it under oath. I were really nervous and did not know what to do at the time of interview and made a bad decision to not make any mention ?

if my citizenship application is denied becuase of this, does it affect my GC in anyway.

Expunged records must be disclosed on the application, even if they occured outside the statutory period. Consult an immigration lawyer specialized in criminal law to determine how you should handle the issue at this point. Not doing anything and seeing how things ride out really isn't a good idea as it exposes you to a potential denial or worse ,future denaturalization.

**supeman29** · 18th March 2009, 07:14 AM

interview was 3/17/09 or yesterday. should I go back and try to meet the interviewing offier and tell them i made a mistake and give all details.

**waitingforins2** · 18th March 2009, 11:33 AM

Hi,

Bob is right you have to mention "everything" even if it is stricken off the record.

It is a good idea to go there and talk to your interview officer (I am not sure if they will allow that) and provide him with info.

If not write to him with full documentation and your contact info and a covering letter explaining this.

As someone suggested talk to a lawyer and ask him what to do.(If you are not to do the above 2 things).

It will be a good idea to act at the earliest.

All the Best

**supeman29** · 18th March 2009, 11:45 AM

DO MT laurel NJ. final decision has not been made on your application

**Jackolantern** · 18th March 2009, 12:08 PM

Originally Posted by supeman29

if my citizenship application is denied becuase of this, does it affect my GC in anyway.

Yes, if they find out about the undisclosed offense you could be denied and deported. People have been deported for failing to disclose criminal offenses (although because yours was less severe maybe that won't happen ... and if you weren't found guilty nor admitted to guilt you'll probably be able to keep your GC). If they pursue deportation, in your defense you could say that because you were told it was stricken from the record you thought you didn't have to mention it ... people have had varying levels of success and failure with that approach. Consult a lawyer ASAP before notifying USCIS about the situation.

**supeman29** · 18th March 2009, 02:24 PM

Even if I consult a lawyer and come forward with information to be included in application, will the citizenship application be denied on grounds of not telling the truth under oath, and also can i re-apply ?

**India 1975** · 18th March 2009, 03:56 PM

You may be rejected on the grounds of immoral character and dishonesty. Check with a good immigration lawyer. Good Luck.

**supeman29** · 18th March 2009, 04:21 PM

does anybody have an experiences with this kind of situation and being able to resolve it with a good outcome.

will they just deny my citizenship and can I re-apply after 5 years or apply as being married to a citizen who just became a citizen so that would be 3 years ?

thanks

**Jackolantern** · 18th March 2009, 04:26 PM

Originally Posted by supeman29

will they just deny my citizenship and can I re-apply after 5 years or apply as being married to a citizen who just became a citizen so that would be 3 years ?

We haven't seen the court records and we are not lawyers. We are not in a position to predict whether they will approve your citizenship, deny your case but let you keep your green card and reapply years later, or deport you. Consult a lawyer and show them the court records and explain the details of your situation so you can get a proper answer (the lawyer won't necessarily be right, but they'd be giving an opinion based on more information than we have).

**supeman29** · 18th March 2009, 04:33 PM

you can be deported for something that happened over 7 years ago. does 'nt it have to have happened within the last 5 years to be considered grounds for deportation or is it becuase of not telling truth under oath have some a high penalty ?