Expert Advise.. Arrest Case

T

topgun123

Registered Users (C)
Hello experts,

Need some advise from you folks..

There was a arrest case (shoplifting) which was contested and later in agreement with the DA & Judge dismissed. As agreed, in place of the dismissal, a "disorderly conduct" filed and pleaded guilty. No kind of probation or community service, only fine in $ amount.

This all happened like 6 years back. Even before the GC application process started. Now, after having the GC & on the path to apply for naturalization (starting in next 6 months), what would be the consequences of this for the citizenship application if the incident was not mentioned for 485 application ? I know this is serious & planning to declare all this for the N400 but worried how to rectify the 485 piece of it. Is this going to hurt me ? Are 485 & N400 linked ?
Will it help sending in an application now to USCIS explaining the same & having them attach the document to my 485 file ?
Anybody in similar situation ?

All your suggestions and advise will be appreciated.
 
topgun123 said:
Hello experts,

Need some advise from you folks..

There was a arrest case (shoplifting) which was contested and later in agreement with the DA & Judge dismissed. As agreed, in place of the dismissal, a "disorderly conduct" filed and pleaded guilty. No kind of probation or community service, only fine in $ amount.

This all happened like 6 years back. Even before the GC application process started. Now, after having the GC & on the path to apply for naturalization (starting in next 6 months), what would be the consequences of this for the citizenship application if the incident was not mentioned for 485 application ? I know this is serious & planning to declare all this for the N400 but worried how to rectify the 485 piece of it. Is this going to hurt me ? Are 485 & N400 linked ?
Will it help sending in an application now to USCIS explaining the same & having them attach the document to my 485 file ?
Anybody in similar situation ?

All your suggestions and advise will be appreciated.
Click to expand...


first of all u need to think in the right mind....
if one tells uscis that he lied on the 485 form,they will be more than happy to ship u out...
hire a lawyer....
naturalization is not just linked to gc,it is an extension of gc..thts the reason every page on ur appliation u have to fill out ur gc number and not the ssn
 
anyways sorry to scare u dont panic,....hire a lawyer,i dont think u will have any problem ...but be carefull as to how u speak... :)

best of luck
 
query11

Agreed, but hiring a lawyer will really help you say ?

With all honesty, I think it's time that a correction needs to be made first for 485 and then later think about N400.
Do you think if I send in explanation document saying I missed out (or lied) for the 485 application, they will deport me ? There should be a second chance..
 
topgun123 said:
query11

Agreed, but hiring a lawyer will really help you say ?

With all honesty, I think it's time that a correction needs to be made first for 485 and then later think about N400.
Do you think if I send in explanation document saying I missed out (or lied) for the 485 application, they will deport me ? There should be a second chance..
Click to expand...
listen,i dont know what u r thinking right now...but to be on the safer side hire a lawyer...uscis deals with millions of applications every year...they are not going to sit back and say hmmm there we go a honset guy....
plz be realistic.


infact i had a infopass today i wanted to document this in a post today,good that i have a opputunity now..gimme a couple of mins lemme get a smoke...
 
Were you fingerprinted after the arrest ? Wonder why the FBI checks did not catch this at your 485 stage ?
 
skline said:
Were you fingerprinted after the arrest ? Wonder why the FBI checks did not catch this at your 485 stage ?
Click to expand...

thts probably because his gc application was prior to 2002...

uscis and fbi got really serious about fp's only after 911 since all the attackers were migrants...
 
topgun123, I would suggest that you first get a FIOPA from FBI to see what FBI has on you. Next get a fingerprint check done yourself by sending a finger print card to FBI (http://www.isn.org/resources/FAQ/faqFBIcheck.html).
That should tell you where you stand and give you a some idea of what to expect.

Also, my understanding from www.shusterman.com is that removal proceedings for LPR who has resided for more than 5 years and not committed an aggravated felony can generally be disputed and won by litigation.

However I dont think you will need this. Carefully evaluate your situation and then consult an atorney. www.shusterman.com is good so is rajiv khanna and has won some pretty good cases: Check: http://www.shusterman.com/success.html

Query11, what do you think ?
 
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That's what baffels me. My 485 went through fine. Yes, I was fingerprinted when arrested. Recently I did run a background check (criminal history) for the state police (same state the incident happened) and nothing came up. Even called the local police station where arrest happened & spoke to a officer there. Officer verified their system and told me they only have records for both cases, nothing on the finger prints. Per him, details must never have reached the state.
So here I am. kind of consufed what to do next. Any advise ?
 
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