N400 with incident - please advice!

maverickr77 said:
query11- can you please let me know how to get to ron's portal? I googled it and nothing came up. Is it a different forum or a thread in this forum. I appreciate you taking the time even though you are busy.

Also, I have a humble request that this thread be kept for incidents like mine. Petty criminal issues with no mention in 485. Please do not add the traffic ticket discussion here! Sorry for sounding selfish but like someone mentioned there are already a gazillion threads for that. Kindly use those.

thanks.
Meera
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What was the verdict in your case? They cannot sentence you to community service if you are not guilty.
Also in the I-485 application for GC there is a clear question:
Have you been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding
traffic violations?
How can you answer no this question??
My suggestion is its better to get a lawyer if there was a sentencing in your case.
 
I dont claim to understand all the technicalities but here's how understand what happened.

On the court date my case was dismissed and I was given community service.
The agreement was that if I completed that and I did not commit any crime for the next six months, my case would be sealed. Which is what happened. The disposition has the dimmisal date and "sealed" date 6 months apart. I, atleast remember clearly that the criminal lawyer who handled the case told me that once the case is sealed I DO not need to answer yes to any questions regarding having any criminal records as far as this incident was concerned.

I understand now that it was a huge mistake not to double check this when I was filing 485. I am contacting lawyers for N400 now and will definitely go through one.
 
maverickr77

My situation, as explained, theft case was dismissed & now there are no FP records found. I am assuming this is pretty much sealed. Replacement of this was a disorderly conduct, which stays with me my whole life. The criminal laywer tought DC was not a big deal and need not be mentioned for I485. The reason for my panic, after having re-searched a bit, came to the conclusion that you need to declare everything for I485. There are lot of messages post for the same forum where people have talked about criminal cases (dismissed or not) and it's impact for I485 application. All those folks had to go through an interview to get approval.
I too am hunting for a good laywer. Lets keep ourselves posted on what we discover more..
 
maverickr77 said:
I dont claim to understand all the technicalities but here's how understand what happened.

On the court date my case was dismissed and I was given community service.
The agreement was that if I completed that and I did not commit any crime for the next six months, my case would be sealed. Which is what happened. The disposition has the dimmisal date and "sealed" date 6 months apart. I, atleast remember clearly that the criminal lawyer who handled the case told me that once the case is sealed I DO not need to answer yes to any questions regarding having any criminal records as far as this incident was concerned.

I understand now that it was a huge mistake not to double check this when I was filing 485. I am contacting lawyers for N400 now and will definitely go through one.
Click to expand...
Meera,
Your shoplifting incident seems minor and should not pose a problem during citizenship(based on what you wrote). However your answer to the 485 question is wrong. Your lawyer is right, you don't have a criminal record and your name won't show up in the database. The 485 question asks about arrests and citations along with convictions. You must answer yes to this even if the judge threw the case out or even if the other party had to pay you damages.
Looks like you made this mistake while filing 485, just be open about it and discuss your case with an attorney. Most likely you will get citiz. without any problem.
 
Hipka,
I see your point. Definitely sounds like I made a big mistake. I will most definitely tell all the details to my lawyer and will make sure I do all the due diligence before I file N400.

topgun,
I agree. Let's keep in touch and share any updates we get. I will be interviewing lawyers next couple of weeks and then should settle on one. I will let you know what he/she recommends doing once I get to that point.

query11,
thanks for forwarding ron's link. I havent found the specific thread about similar issue yet but I have posted one myself. Let see. Thanks for your help.

Thanks.
Meera
 
maverickr77

Do keep posted on your findings & what laywer has to say. I too have contacted a lawyers office, but they will only talk to me until I have all the documents (police report, court copies etc..) with me.
Lawyers office say, they have dealt with many such cases & have come out successful. Infact they term this (lie) as a very common thing.
have any e-mail id where I can contact u ?
 
topgun123 said:
maverickr77

Do keep posted on your findings & what laywer has to say. I too have contacted a lawyers office, but they will only talk to me until I have all the documents (police report, court copies etc..) with me.
Lawyers office say, they have dealt with many such cases & have come out successful. Infact they term this (lie) as a very common thing.
have any e-mail id where I can contact u ?
Click to expand...

right...like i said rephrase your words and everything will be allright.
 
Sent you my email

topgun123,

I am interviewing lawyers right now. Dont really have anything new to report.

I have sent you my email address as a private message.
 
Same boat - only much worse

Same situation - only I managed to do it on
both i-485 and N-400. Waiting oath, thinking how to fix. My case was dismissed, no arrest
many years ago. Please guys keep posted
for this important subject.



larry
 
Have hired a laywer

larry

I have hired a laywer to represent me for N400 process. It's agreed to be honest for application and declare all relevant details. My laywer is optimistic about me not having problems & should be throug.

I suggest you talk to some laywer & get advise.
 
Hi,
I was reading your post. are you applying for USC? and with a disorderly conduct ( reduced from shoplifting?) I am in the same state. and I was wondering if you have any experiences
 
topgun123,

I was in touch with you regarding N400. I wanted to find out how you case turned out. If you get this, please reply. Please dont use the email id i sent to you before, since i cant remember my pwd and I can't login.

thanks
 
Hi. I am having a similar situation like topgun123 and maverickr77 had.
Would you please let me know what you did eventually and what happened to your N-400 application?

Thanks
 
I think for I485 one also need to disclose expundged records. That is immigration standard not N400 or I485 standard. ALso since the incidence occured before I485, if between you wnet out of USAS and applied for a nonimmigrant visa at any USA consulate, you should also disclose that on OF156 (called DS 156 now).

Otherwise you always face thr risk of being accused of lying to an immigrant or dept of state officer.
 
Wow...I find the courage of these forum members to be impressive, digging out of the graveyard a 4 year old thread...! Bravo....bravo...but this might be too much recycling...
 
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