Hi guys. My wife and I are not sure what to send. She has a speeding ticket and a ticket for shoplifting from way back. Both were in Wisconsin. Both have been dealt with a long time ago. USCIS is asking that we bring copies of citations and proof of their disposition. Wisconsin actually lets you search their records online. I was able to print out court records for both. Would they accept these print outs or do they usually want something directly from the courts?
Criminal record help
- Thread starter groon
- Start date
It is not clear from what you say whether you need these Court documents when you are filing the application or to take it with you to interview.
Anyway, you should get a Court certified disposition of the case. If the case is already sealed or expunged, then you should ask the Court office to give you a letter (again Certified by Court) to that effect. As far as I know, when you go for your interview, they do NOT take copies or print outs. The disposition should be stamped with a Court seal. These dispositions are usually under $10. When you go to the Court, ask for 2 or more of these dispositions, your wife will need the same thing again when she files for her CZ.
Anyway, you should get a Court certified disposition of the case. If the case is already sealed or expunged, then you should ask the Court office to give you a letter (again Certified by Court) to that effect. As far as I know, when you go for your interview, they do NOT take copies or print outs. The disposition should be stamped with a Court seal. These dispositions are usually under $10. When you go to the Court, ask for 2 or more of these dispositions, your wife will need the same thing again when she files for her CZ.
JohnnyCash
Volunteer Moderator
groon
Your wife got a “ticket” for a shoplifting???? Shoplifting is a Crime, and not a traffic violation so to say your wife was given a “ticket” for it. She MUST have been arrested and prosecuted for shoplifting.
Your wife MUST need CERTIFIED copies of criminal complaint (charge) and Court Disposition on shoplifting charge. If a record is expunged/sealed, then she must need a letter from a court saying that. You should know that burden to prove a case always lies upon beneficiary (alien). This being said, in the absence of full criminal report/history, USCIS might hold the adjudication on her case for a long period of time. It is your wife’s responsibility and obligation to submit the required documents to the officer/INS to their satisfaction so that officer could make a decision right there and then. That’s why it is very important for people to obtain all the relevant papers before sealing/expunging their criminal record.
I would also like you to know that shoplifting is a crime of Moral Turpitude. Adjudication officer MIGHT deny your wife’s application. However, the amount involved in shoplifting and the time when a crime of shoplifting was committed would also be very important and relevant to the officer. There is a waiver available on this for I-485. Of course, granting a waiver is in the sole discretion of the officer and no appeal is permitted on a waiver application if officer would choose to deny it.
It’s been said on this site that some people’s application for Immigration benefit (N-400 or I-485) has been lately approved by adjudication officers despite of having shoplifting record on aliens’ record. But what mostly people don’t know is that just because an adjudication officer approved an application, that doesn’t mean officer has made a right decision as per law, nor it means a case cannot be opened/reversed.
Nobody is above the laws, not even the President of the United States of America. If an adjudication officer would make a mistake in approving a I-485, then alien might find himself/herself in a deportation proceeding later on when INS would come to know about the mistake during Naturalization time or if alien would file any application for someone else or if someone reports to INS about the mistake. INS has revoked the approval and placed aliens on deportation proceedings many times. Many people have mentioned this on this site as well.
Similarly, a wrong decision on N-400 could be overturned if USCIS would come to know about it somehow. Then, alien would not go back to his/her green card status; rather s/he would be on deportation proceeding. I’ve dealt thousands of cases of this type, thus I know them well. As a matter of fact, INS revoked the citizenship to many people just because some people have provided wrong address on their application to get benefit soon. Lying to INS is a ground for denial itself. Wrong interpretation of things by officers or a wrong decision by them is also a ground to revoke the benefit.
I heard many times about people having said that denaturalization is very tough and hard, but I don’t understand what is tough and hard about it. All INS is needed to do-file a petition in a federal court. That is. Of course, INS cannot denaturalize by itself as Congress stripped them from that power many years back, but courts could do that very easily if a reasonable reason will be given. Mostly people don’t know that INS does this on a daily basis, but people don’t hear about those cases. The only cases people normally hear are those wherein former Nazis are seemed to be involved.
Thousands of times officers are seemed to have made totally wrong decisions. And it is very true when some people even blamed openly by saying how creepy USCIS is. I mean-even an idiot can see clearly that USCIS makes mistake so often especially when people are receiving FP notice even though their cases have already been approved a long time ago, or people are receiving an Oath notice when they have already become US citizens. Thus, given all these facts alone, even a stupid person can understand that some officers might do or have made wrong decision in some cases.
Just because officer says that shoplifting is not a big problem or if officer says that many people have this kind of problem, that doesn’t mean officer knows EVERYTHING about immigration laws. Officers are not immigration attorneys, nor they are above the law. They do make mistake very often, and that mistake could be reversed if someone brings it to govt. attention again.
Just wanted you to know all this in case you are interested.
Your wife got a “ticket” for a shoplifting???? Shoplifting is a Crime, and not a traffic violation so to say your wife was given a “ticket” for it. She MUST have been arrested and prosecuted for shoplifting.
Your wife MUST need CERTIFIED copies of criminal complaint (charge) and Court Disposition on shoplifting charge. If a record is expunged/sealed, then she must need a letter from a court saying that. You should know that burden to prove a case always lies upon beneficiary (alien). This being said, in the absence of full criminal report/history, USCIS might hold the adjudication on her case for a long period of time. It is your wife’s responsibility and obligation to submit the required documents to the officer/INS to their satisfaction so that officer could make a decision right there and then. That’s why it is very important for people to obtain all the relevant papers before sealing/expunging their criminal record.
I would also like you to know that shoplifting is a crime of Moral Turpitude. Adjudication officer MIGHT deny your wife’s application. However, the amount involved in shoplifting and the time when a crime of shoplifting was committed would also be very important and relevant to the officer. There is a waiver available on this for I-485. Of course, granting a waiver is in the sole discretion of the officer and no appeal is permitted on a waiver application if officer would choose to deny it.
It’s been said on this site that some people’s application for Immigration benefit (N-400 or I-485) has been lately approved by adjudication officers despite of having shoplifting record on aliens’ record. But what mostly people don’t know is that just because an adjudication officer approved an application, that doesn’t mean officer has made a right decision as per law, nor it means a case cannot be opened/reversed.
Nobody is above the laws, not even the President of the United States of America. If an adjudication officer would make a mistake in approving a I-485, then alien might find himself/herself in a deportation proceeding later on when INS would come to know about the mistake during Naturalization time or if alien would file any application for someone else or if someone reports to INS about the mistake. INS has revoked the approval and placed aliens on deportation proceedings many times. Many people have mentioned this on this site as well.
Similarly, a wrong decision on N-400 could be overturned if USCIS would come to know about it somehow. Then, alien would not go back to his/her green card status; rather s/he would be on deportation proceeding. I’ve dealt thousands of cases of this type, thus I know them well. As a matter of fact, INS revoked the citizenship to many people just because some people have provided wrong address on their application to get benefit soon. Lying to INS is a ground for denial itself. Wrong interpretation of things by officers or a wrong decision by them is also a ground to revoke the benefit.
I heard many times about people having said that denaturalization is very tough and hard, but I don’t understand what is tough and hard about it. All INS is needed to do-file a petition in a federal court. That is. Of course, INS cannot denaturalize by itself as Congress stripped them from that power many years back, but courts could do that very easily if a reasonable reason will be given. Mostly people don’t know that INS does this on a daily basis, but people don’t hear about those cases. The only cases people normally hear are those wherein former Nazis are seemed to be involved.
Thousands of times officers are seemed to have made totally wrong decisions. And it is very true when some people even blamed openly by saying how creepy USCIS is. I mean-even an idiot can see clearly that USCIS makes mistake so often especially when people are receiving FP notice even though their cases have already been approved a long time ago, or people are receiving an Oath notice when they have already become US citizens. Thus, given all these facts alone, even a stupid person can understand that some officers might do or have made wrong decision in some cases.
Just because officer says that shoplifting is not a big problem or if officer says that many people have this kind of problem, that doesn’t mean officer knows EVERYTHING about immigration laws. Officers are not immigration attorneys, nor they are above the law. They do make mistake very often, and that mistake could be reversed if someone brings it to govt. attention again.
Just wanted you to know all this in case you are interested.
tomy19192001
Registered Users (C)
Hi, I have couple of parking violations tikets and one speeding ticket one interstate highway. Will I be asked about disposition for them too during my green card and naturalization process. Thank you for answering.JohnnyCash said:
JohnnyCash said:
I was pretty aware of all this but thanks anyway. And no my wife was not arrested even tho what she did was a crime. The police officer simply warned her that what she had done could be grounds for revokation of her student visa and deportation. He simply wrote her what amounted to a ticket with a date and time to appear and let her and her friends go on their merry way. It was in a small town and prob helped that she's a slim, short, and cute blond. I know damn well had it been a guy or me for that matter it would have been handled much differently. But that's a topic for a different forum.
