Please, help! I applied for the US citizenship and recently had an interview with the USCIS officer. The problem is that in 2005 I committed a foolish and shameful crime. For some stupid reason I attempted to steal an expensive lotion tester from the Sephora store. I was caught and charged guilty on 484 A PC-THEFT. I paid all the fines and did community work immediately. For my USCIS application, I submitted a court disposition to the USCIS office as required. However, at the time of interview, the officer told me that this information was insufficient to establish the outcome of the case. I got very confused and the officer didn’t seem to be willing to explain to me what exactly he wanted to see on the outcome. I was told to submit the court disposition within a month from the interview. I called the court and they told me that my case was closed and everything was ok with this case. I inquired the court to send me court disposition one more time and, obviously, they send me exactly the same document as the USCIS officer already saw and didn’t consider sufficient for some reason. My court disposition says that I paid all the fines and did all required community work. At the end of the document it also says: Proceedings terminated”. I am so confused and do not understand why this document does not establish enough evidence for the USCIS about the outcome. On the back of my mind I think that the USCIS officer just didn’t read my court disposition to the end. Or maybe he was just looking for a way to deny my case? It is most likely that I am doing something wrong, but I do not quite understand what the problem is. Please, give me your input on this. I will really appreciate any help as the deadline is approaching and I have no idea what to do. Thank you!
Law Offices of Rajiv S. Khanna, P.C.
Is there something wrong with my court disposition?
- Thread starter Elena13
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Your need a Certified disposition of your case. Make sure it is certified.
Thank you for your reply. It is certified, still no good for the USCIC officer
In such cases the USCIS usually wants to know exactly to what kind of an offense you pleaded guilty to (or admitted your guilt in some other way), what exactly were details of any plea deal and what was the maximum possible punishment for the offense in question and also what exactly was the date of the conviction/guilty plea. It is possible that the documents you provided were not sufficiently clear on some of these points.
When exactly did you submit your N-400? Was it within the 5 years from the date of the arrest? Was it within 5 years of the date of the conviction/guilty plea?
The answers to these questions are important in terms of determining the effect of the shoplifting incident on the finding of good moral character. If the records you provided were not clear on the precise date of conviction/guilty plea, the IO may have wanted a clarification on that point. Still, it is strange that the IO did not tell you directly in which way the records you provided were deficient.
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California PC 484(a) meets the exception for a CIMT. It will not prevent naturalization if it is an isolated incident and you had good compliance with terms of punishment (probation, community service, restitution and/or fine (if any)).
Depending on when you obtained the first set of documentation, it may not have had the FINAL disposition recorded on it yet. If you have copies pof both sets, compare them closely for any differences.
Depending on when you obtained the first set of documentation, it may not have had the FINAL disposition recorded on it yet. If you have copies pof both sets, compare them closely for any differences.