CTW and Citizenship

[Ken8851480]

Hi, I was caught shoplifting two months ago in DFS Hawaii , This is my first offens and my record is clean. and the got the sign two papers and got the Criminal trespass warning. The mall security copy got my liscen and copy my down all my information also my driver liscen number. Then the cop came and sign the trepass warning which made by the mall security. and the cop also copy down my infomation. But they told me my record will still clear and let me go. And I didnt reveive anything in the mail and no need to go to court. Now I am going to apply my US citizenship and I am worry about if there will be anything appear in my record? Will I have any report from the police officer? But the trespass warning is not made by the officer but the mall. And the officer did copy my information. If not, why do the officer need to copy down my information for ? Would there will be anything in my record? Will the us government / judge find out that I have this offens ? would they find out if I had got a criminal trespass warning? Because I don’t want to mention about this during my US citizenship interview at all. I am so scary now, worry that if this is going to effect me for applying US citizenship. and also effect my future. Please help, I know if all my fault I messy up my life, I will definitely not doing anything like this.
one more question , on the application of the US citizenship, it has ask me” have you even committed a crime or offense for shich you were not arrested?” and another statement said:” have you ever received a suspended sentence, been place on probation, or been paroled?” For this two statements, should I put “yes” or ” No” if I never want them to know? If I put “No”, will they find out later that I was lie on the application but had been commit the offense? Can the USCIS check my record from the store or from the police in my case ?

I am so worry please help me. I am scary.

 

[Bobsmyth]

Consider yourself fortunate you weren't arrested, charged or convicted of shoplifting instead. A trespass warning by mall security in itself is not sufficient to deny a naturalization applicant for lack of GMC. Mall security should have a copy of the incident on file.

 

[namecheckvictim]

It should be disclosed, your N-400 can't be denied just because of that incident.

 

[Ken8851480]

but what should i answer for this question?
have you ever received a suspended sentence, been place on probation, or been paroled? Yes or No?

Do the police have a report of this incident that the judge will find out?

 

[WBH]

but what should i answer for this question?
have you ever received a suspended sentence, been place on probation, or been paroled? Yes or No?

Do the police have a report of this incident that the judge will find out?

My understanding (Please refer to N400 for complete wording of the following questions)



Question 17 - Qeustion 21: You should say No to any of these question because

because you were not never charged, you were never convicted, never setenced, never in jail

The tricky part is Question 15 and Question 16.

It seems you should answer Yes to one of them but no to the other if you really did shoplifting.
Because the cop came and apprantly at that time you were deprived teh freedom to move, so
you were detained. Therefore you should answer Yes to Question 16. If you think answering No to
Question 16, then you should answer Yes to Question 15.

Q15-Q21 are designed to cover everything when an offense is made. If the law enforcement is involved, then
there should be at least one Yes answer to Q16-Q21, otherwise Q15 cover the backdoor for USCIS.

 

[Ken8851480]

So if I answer no to these question. Will there anyway they will find out I had a criminal trespass warning from the store or the police? ? Would they ask these kind of question(something about the offense) during interview?

 

[Ken8851480]

Consider yourself fortunate you weren't arrested, charged or convicted of shoplifting instead. A trespass warning by mall security in itself is not sufficient to deny a naturalization applicant for lack of GMC. Mall security should have a copy of the incident on file.

does the police officer have the copy of incident on file too? is there anyway the judge might find out this?

 

[Ken8851480]

My understanding (Please refer to N400 for complete wording of the following questions)



Question 17 - Qeustion 21: You should say No to any of these question because

because you were not never charged, you were never convicted, never setenced, never in jail

The tricky part is Question 15 and Question 16.

It seems you should answer Yes to one of them but no to the other if you really did shoplifting.
Because the cop came and apprantly at that time you were deprived teh freedom to move, so
you were detained. Therefore you should answer Yes to Question 16. If you think answering No to
Question 16, then you should answer Yes to Question 15.

Q15-Q21 are designed to cover everything when an offense is made. If the law enforcement is involved, then
there should be at least one Yes answer to Q16-Q21, otherwise Q15 cover the backdoor for USCIS.

Thank you for your response. But what if I didn't intent to shoplift but it was something happened to lead misunderstanding and I wasn't even have a chance to explain? So do I still answer Yes to Q 15 and Q 16? Please help. The police came but what they did just sign the two papers which made by the mall security and they copy down my information from the driver liscen. Is that mean they ( police) have a report of me since they have my information?

 

[WBH]

Thank you for your response. But what if I didn't intent to shoplift but it was something happened to lead misunderstanding and I wasn't even have a chance to explain? So do I still answer Yes to Q 15 and Q 16? Please help. The police came but what they did just sign the two papers which made by the mall security and they copy down my information from the driver liscen. Is that mean they ( police) have a report of me since they have my information?

Then answer Yes to Question 16. If the police does not keep a record, then it is a different story you may consider answering No

 

[Bobsmyth]

does the police officer have the copy of incident on file too? is there anyway the judge might find out this?

Likely only in his own notes since he didn't file an official police report (since mall security already has the incident on file). The police officer was called by mall security to make the trespass warning enforceable. Without the police presence and siganture, the trespass warning issued by mall security wouldn't have as much weight in case you decided to go to that mall in the future and be stopped by mall security again.

 

[Bobsmyth]

but what should i answer for this question?
have you ever received a suspended sentence, been place on probation, or been paroled? Yes or No?

Do the police have a report of this incident that the judge will find out?

You were never charged, convicted, or sentenced of any crime so the answer is NO. Receiving a warning is just that..a warning. It's not a charge.

 

[Bobsmyth]

Thank you for your response. But what if I didn't intent to shoplift but it was something happened to lead misunderstanding and I wasn't even have a chance to explain? So do I still answer Yes to Q 15 and Q 16? Please help. The police came but what they did just sign the two papers which made by the mall security and they copy down my information from the driver liscen. Is that mean they ( police) have a report of me since they have my information?

Don't drive yourself mad over the incident. Even if you answer YES to the detainment question, all you would need to disclose to IO is that mall security issued you a trespass warning and that police were called to witness it. The IO would then ask if you were charged, convicted or sentenced (all NO) and move on with the interview. It's highly unlikely that the IO would require a copy of the trespass warning to adjudicate your case. This is not an issue for naturalization.
On a side note, a trespass warning by mall security for shoplifting is typically issued in instances were the amount taken is under a certain amount (let's say $100) since it's not worth for the store to pursue the incident in court. Had you been stopped by mall security for stealing a $500 watch, you can be sure that you would have been charged with shoplifting.

 

[Jackolantern]

On a side note, a trespass warning by mall security for shoplifting is typically issued in instances were the amount taken is under a certain amount (let's say $100) since it's not worth for the store to pursue the incident in court. Had you been stopped by mall security for stealing a $500 watch, you can be sure that you would have been charged with shoplifting.

Or if the individual had a prior warning, the shop might be more motivated to press charges and go to court.

I think it's likely the warning is recorded in a local law enforcement database, so at the next incident they can see if they're dealing with a repeat offender and take action accordingly.

 

[Ken8851480]

Thank you for your response. But what if I didn't intent to shoplift but it was something happened to lead misunderstanding and I wasn't even have a chance to explain? So do I still answer Yes to Q 15 and Q 16? Please help. The police came but what they did just sign the two papers which made by the mall security and they copy down my information from the driver liscen. Is that mean they ( police) have a report of me since they have my information?

How do I know if the police keep a record or not? They just took down my information of the driver liscen. And the mall security told me that my record are still clear . So it's that mean I don't have a record in the officer??

 

[Bobsmyth]

How do I know if the police keep a record or not?

You can call the police to find out if they have a report of the incident.
In any case, don't base your decision of whether or not to disclose the incident on application on if police have a record of it or not.

 

[Ken8851480]

How do I know if the police keep a record or not? They just took down my information of the driver liscen. And the mall security told me that my record are still clear . So it's that mean I don't have a record in the officer??

I know I understand that. Thank you for your response.. And another question. Would this incident shouw up on my backgroud check for future job or anything?

But what if I didnt have the intention to shoplift but just a misunderstanding,. then I have a report from of this incident from the police. so on the Q15 ask me if I had commited a crime or offense which wans't arrested, should I put Yes or No? Because I didn't really shoplift but they put me a report for shoplift. If I put yes, The IO might think I really did shoplift. But if I put no, they might know that I have a report but then think that I try to hide this.

I really don't know what to do, can anyone help?

I am not afraid to disclose anything but just scare this might effect me on passing the citizenship.
Another question, if I disclose this then I did a good job on my citizenship interview, I got all my questions correct. Will the government not passing me just because I have this tresspass warning? Will they not making decision right away my interview and tell me to wait for the decision?

What can I do to avoid this happen?

 

[Bobsmyth]

I know I understand that. Thank you for your response.. And another question. Would this incident shouw up on my backgroud check for future job or anything?

But what if I didnt have the intention to shoplift but just a misunderstanding,. then I have a report from of this incident from the police. so on the Q15 ask me if I had commited a crime or offense which wans't arrested, should I put Yes or No? Because I didn't really shoplift but they put me a report for shoplift. If I put yes, The IO might think I really did shoplift. But if I put no, they might know that I have a report but then think that I try to hide this.

I really don't know what to do, can anyone help?

I am not afraid to disclose anything but just scare this might effect me on passing the citizenship.
Another question, if I disclose this then I did a good job on my citizenship interview, I got all my questions correct. Will the government not passing me just because I have this tresspass warning? Will they not making decision right away my interview and tell me to wait for the decision?

What can I do to avoid this happen?

You're letting this worry you way too much. It was trespass warning issued by mall security, not a crime you weren't arrested for. Since you weren't charged with anything, your record is clean and as such the incident wouldn't appear on any employment checks.
Again, the incident does not make you ineligible for naturalization.

 

[Ken8851480]

You're letting this worry you way too much. It was trespass warning issued by mall security, not a crime you weren't arrested for. Since you weren't charged with anything, your record is clean and as such the incident wouldn't appear on any employment checks.
Again, the incident does not make you ineligible for naturalization.

I know I AM just too worry and scary.. I would like to ask let's say in 100% .. how likely I will get approve if I disclose this incident on the N400 and interview?? I would like to be honest. But just worry if this incident will lead them to deny in their decision... Please help I'm so frustrated.... =[

 

[WBH]

I know I AM just too worry and scary.. I would like to ask let's say in 100% .. how likely I will get approve if I disclose this incident on the N400 and interview?? I would like to be honest. But just worry if this incident will lead them to deny in their decision... Please help I'm so frustrated.... =[

I'll say no one knows the likelihood. If you need to know, just file N400 and then you will find out.
I don't see there is any problem. But I can guarantee that the chance for citizenship is zero if you
do not apply for it. So you need to do one and only one thing: apply

 

[Bobsmyth]

I know I AM just too worry and scary.. I would like to ask let's say in 100% .. how likely I will get approve if I disclose this incident on the N400 and interview?? I would like to be honest. But just worry if this incident will lead them to deny in their decision... Please help I'm so frustrated.... =[

Your question really is how likely they will deny your application based on the incident alone. The answer is highly unlikely you'll be denied based on the incident.