Misdemeanor Charges after N-400 filing

I

INDTE

New Member
Hi Gurus,

I have filed my N-400 and also got the FP notice for mid-Jan in Detroit. Unfortunately, I have been charged with a misdemeanor of Retrial Fraud with 3rd Degree. My attorney has sent the NO GUILTY petition to the court and waiting for the appearance notice from the court.

Now that being said, How can I amend the N-400 application to reflect the current situation?

Any help is greatly appreciated.

Thanks.
 
INDTE said:
Hi Gurus,

I have filed my N-400 and also got the FP notice for mid-Jan in Detroit. Unfortunately, I have been charged with a misdemeanor of Retrial Fraud with 3rd Degree. My attorney has sent the NO GUILTY petition to the court and waiting for the appearance notice from the court.

Now that being said, How can I amend the N-400 application to reflect the current situation?

Any help is greatly appreciated.

Thanks.
Click to expand...

You would bring up any updates during the interview.
 
Indte! You have to handle the situation with great care and discretion. Please take advice from a qualified immigration attorney. Don't let the cost of hiring a good attorney stop you - your citizenship depends on this.

What is the nature of the charge? I do not understand 'retrial fraud - 3rd degree'. Feel free to mask your identity, but reveal enough facts for us to be able to guide you effectively.

Good luck ; be careful out there.
 
In Michigan, Shoplifting is chrged as Retail Fraud and the amount of the good defines the degree.
Under $200 - 3rd Degree
$200-$1000 - 2nd Degree
Over $1000 - 1st Degree

3rd degree is punishable by $5000 fine and/or 93 days in prison.

I have already hired a good criminal lawyer to get me thru the misdemeanor. and Yes I will be talking to an Immgiration attorney as well, but I was not sure if there is a way to amend/make changes to your filed N-400.

Thanks
 
Since your attorney is entering a plea of not guilty, is the store wrongfully accusing you of something you did not do?
 
INDTE said:
In Michigan, Shoplifting is chrged as Retail Fraud and the amount of the good defines the degree.
Under $200 - 3rd Degree
$200-$1000 - 2nd Degree
Over $1000 - 1st Degree

3rd degree is punishable by $5000 fine and/or 93 days in prison.

I have already hired a good criminal lawyer to get me thru the misdemeanor. and Yes I will be talking to an Immgiration attorney as well, but I was not sure if there is a way to amend/make changes to your filed N-400.

Thanks
Click to expand...

There are 4 possible scenarios here:
1. You are not convicted by the court: This is the best case. All you need to do is mention this at the N400 interview and take the final court disposition. You will not have any problem.
2.You are convicted: This is a problem. Your N400 will be denied without prejudice and you will be asked to apply after 5 years, since shoplifting can be used to show not good moral character. You can appeal/ go to federal court to appeal the denial and show other evidence of good moral character like volunteer work, philanthropy, community work to negate this and chances are high that the Federal court will rule in your favour.
3. You settle: This is a blurry line. If you settle where you plead to very much reduced charges (not shoplifting), then you take an attorney with you to the interview and all court disposition and exlain away the incident, your N400 may be approved. However if your settlement includes pleading guilty to anything close to shoplifting, it will degenerate to step (2)
4. Case is still in progress as of your interview: The will delay decision till your case is compete or deny. If denial Step 2 remedy of going to court will work.
5. Do not mention the incident: If you were not arrested and finger printed yoou dont have an FBI record and if you called for interview all checks have been done so you may be able to get away, BUT if the officer knows somehow about the incident and you do not mention it it will add another charge of stating false information to an immigration officer to the denial and that will diminish your chances of winning at the Federal court level.

Bottom line is you should take an attorney to the interview and if you do get denied chances are high that if you appeal or go to fedreal court you will get N400 approved.
 
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Make sure you consult the immigration attorney in conjunction with your criminal attorney, because there are some rather peculiar rules relating to what constitutes a conviction for immigration purposes (basically if you were to plead to anything, or accept a lesser/alternate sentence). It pays to know the immigration implications of whatever course of action your criminal attorney may suggest before committing to anything.

The other issue is that your N-400 case will not be able to proceed until this situation has been resolved and a final case disposition is available.
 
INDTE said:
Hi Gurus,

I have filed my N-400 and also got the FP notice for mid-Jan in Detroit. Unfortunately, I have been charged with a misdemeanor of Retrial Fraud with 3rd Degree. My attorney has sent the NO GUILTY petition to the court and waiting for the appearance notice from the court.

Now that being said, How can I amend the N-400 application to reflect the current situation?

Any help is greatly appreciated.

Thanks.
Click to expand...




hi
im also ina similar situation as yours. i was arrested for shoplifting and stil waiting on my court dates. i have hired a criminal defence attorney, and talked to him about the immigration consequences. but he says tat there will not be any problem for my kind of misdemeor B case. i have to get my visa renewed within couple of months. wil tat be a problem..wil there be any rejections in my visa this is my first time offence...was it a problem in yur case. your reply wil be hingly helpful tome..
 
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