I-485 Question

[Algus]

Hello Board members,

New member here. I have a question about filling I-485, consulted a few lawyers via phone but none gave definite answers without being hired, so I thought I'd consult experienced members of the board.

I hold a third-degree shoplifting/ theft citation from a state I don't reside in, for $4 item. I was never detained. The case was heard and dismissed in a municipal court through a diversion last year. I paid a certain fine to the court.

Can you advise me, on I-485, if I need to answer yes to:
"knowingly committed crime of moral turpitude",
and "been arrested, cited, charged, indicated convicted or imprisoned for breaking any law"?
While I think the 'petty offense exception' apply in this case, (my only charge/citation, no sentence) should I answer yes to both?

Other than including court records, anything else to supplement my case?

Thanks for reading, any insight or tips appreciated. Regards.

 

[praxx]

You have to answer yes. You have to provide them with proof that the case was expunged or whatever the final disposition was. There might be an exception in this case because this was a small misdemeanor. Very petty. And btw did you ever mention to anyone that you knowingly did this? Maybe it happened subconsciously or...you forgot to pay for it?

 

[Al Southner]

You will be a fool to omit this information on your I-485. Disclose this information and provide the necessary documentation, be prepared to be grilled like a salmon during your interview on this issue. It better to upright and see that USCIS make a judgment on its effect on your moral turpitude or be found to have misled the USCIS. Do you have the summons?

 

[Algus]

You have to answer yes. You have to provide them with proof that the case was expunged or whatever the final disposition was... And btw did you ever mention to anyone that you knowingly did this? Maybe it happened subconsciously or...you forgot to pay for it?

Thanks for your response, praxx.
I never told anyone that I knowingly took the item, I was on the phone in the store and had a handful of items, one was under my arm while I was holding my cell. But all in all, it doesn't quite matter as the staff proceeded as they would anyway, and I ended up cited and fined.

There might be an exception in this case because this was a small misdemeanor. Very petty.

That's what I'd like to know, if petty offence exception applies in this case, and if it does, will answering 'yes' to those I-485 question bare more severity on the case?
Of course, as Al Southner said, it's better not to mislead USCIS, but I don't know if the IO will penalize me for admitting to bad character when the case falls under POE...

 

[Algus]

You will be a fool to omit this information on your I-485. Disclose this information and provide the necessary documentation, be prepared to be grilled like a salmon during your interview on this issue. It better to upright and see that USCIS make a judgment on its effect on your moral turpitude or be found to have misled the USCIS. Do you have the summons?

Thanks Al Southner, yes I do have the summons plus other related documents and plan to disclose copies in my application packet. I'm currently considering whether or not to hire a lawyer that might provide "good legal back-up" in the application, and attend the interview with me if necessary.

 

[Al Southner]

Thanks Al Southner, yes I do have the summons plus other related documents and plan to disclose copies in my application packet. I'm currently considering whether or not to hire a lawyer that might provide "good legal back-up" in the application, and attend the interview with me if necessary.

It might be a good idea to let us know which state this crime occurred. Remember that states have different classification of crimes and penalties varies. I suspect that your case might fall under a petty offense exception. To qualify for the "petty offense exception", an applicant for admission to the United States must show:

a.) he or she committed only one crime; b.) the maximum penalty possible for the crime did not exceed imprisonment for one year; and c.) the non citizen seeking admission was not sentenced to a term of imprisonment longer than 6 months.
Clearly, the only way to determine whether one meets the above elements of the exception requires an examination of both the conviction documents and the underlying law of the offense.

What is promising about your crime is that you never served any time in jail, you paid the fine and went about your life. Usually, USCIS goes for blood for people who have done time in prison for any numbers of days, and have received probation for their crime. Let us know which states this crime occurred, we should be able to give you some ideas before you engage a lawyer. You have a right to ask as many questions as possible on this board, plus you can do own research online about the crime classification based on state law, and its possible effect on your immigration prospect. IMO, you might be successful in your quest for a green card...

 

[Algus]

Thanks for the swift reply, Al Southner.

... IMO, you might be successful in your quest for a green card...

Well, here's hoping. I am trying to keep some positivity on the issue as well.

I am quite sure the 'petty offense exception' applies in this case, as this is the one and only time I behaved and performed law violation, my only citation, and there was no imprisonment. I had not been finger-printed or photographed either. The case occurred in Oregon. Class C misdemeanor. (www dot leg.state.or.us/ors/164.html)

What's detrimental is I'm afraid if I answer 'yes' to those questions, the IO/ USCIS will treat me as if I am a big-time criminal.

 

[Al Southner]

Thanks for the swift reply, Al Southner.

What's detrimental is I'm afraid if I answer 'yes' to those questions, the IO/ USCIS will treat me as if I am a big-time criminal.

Don't worry about how USCIS officer might treat you, there are guidelines which they must follow. As such, the crime is small potatoes in the large schemes of crimes. If you were caught with a lady of the night, then I would have strongly suggested that you "lawyer-up" immediately and prepare for a battle. I also believe that since you never committed any other crime, you can be excused for giving yourself something that belong to someone trying to build a better future for their family.

It will be extremely detrimental to your life if you answer no, and when the FBI does a background check, their computers sweep the municipal record and send it to USCIS. Remember that what FBI report back to USCIS won' be disclosed to you, because USCIS expects you to be truthful or they will nail you ballz with gorilla glue to their hall of cheaters and those who lie right through their teeth. I am for full disclosure, especially when your crime can be overlooked due to its small size, as opposed to turning it into a huge problem, compounded by lying.

 

[natigan]

My husband had two or three things on his record that were actual misdemeanors and he answered "no" to the moral turpitude and "yes" to the cited.... showed the documentation ( it had to have a court stamp) that is had all been dismissed and paid , he also wrote an explanation of what happened and he was NEVER even questioned about it and he was given his green card. From what you described the incident was NOT ANYTHING close to being moral turpitude but you did get cited so just be honest and you have nothing to worry about. As far as getting a lawyer, there is really no need, anything they can do you can do and it just costs too much money. I have done this process for many people with absolutely no training and have never run in any problems

 

[Algus]

Al Southner, I am by no means proud of, or defending what I did. What was wrong was wrong. I have to live with the consequences, and hopefully still successful in the application. Your experienced and knowledgeable insights could help me in that direction. And I would be so, so thankful.

natigan, thanks for your input. That's a bit uplifting.
I'm a bit apprehensive on how the USCIS/ IO would tackle it. Accidental or not, they could deduce that shoplifting = showing moral turpitude. This person = shoplifted. Ergo, the person did commit something of moral turpitude, and denied so on the form. Let's go out and be harsh on this case.