Misdemeanor charges and N-400 application

A

adlaw

Registered Users (C)
Hi;
I was cited by the police for shoplifting in GA two year back. During the court hearing I paid the fine and requested Judge not to put this chrges on record. Judge agreed to it and told me that this record will be not sent to anywhere but to kept in this court only.

My question is that if I don't mention it on N-400 application(under moral character item) then what is likelyhood that it will be find out during my Citizenship application process?? I guess that based on my court verdict this information will not be available during name check/USCIS/FBI or anyone other than this court.

Is anyone has any solid experiance/knowledge to comment please. Many Thanks in advance
 
Your record might not be a public record but it most certainly will be available to law enforcement.
Disclose it as one time a minor run in does not establish a pattern and will not be a issue for a GMC and is a misdemeanor charge.
Not disclosing it however if caught will be grounds to deny this N-400 and bar you for applying for another N-400 for the next 5 years.
 
What do you mean not report it on N-400? You were cited by police so you must disclose it.By paying the fine you essentially pleaded guilty to the charge.
Request the official court documents from the court to determine the exact charge and conviction. Without this info, it's impossible to say how the event will affect your application.
 
N-400 specifically instruct you to disclose the record even if any judge, police officer, lawyer tells you that you do not have to.

If you decide not to mention if thinking USCIS can not find it, then you run a risk.
What if the police already send your arrest record to FBI? The local judge has no
jurisdiction over FBI so that he/she can not order FBI to delete the record.

So you are supposed to mention your record on N400. If you do not, then
no one here knows whether USCIS will have a hit or not when they do a search
via FBI. It is your decision. Even if you get thru without mentioning it,
your citizenshipo can be undone if USCIS later find oiut you hide the record.
 
Many Thanks to all for your reply. Actually I used two prominent Background check company and they could not find my record. One lawyer(thru online payment) adviced me that in some cases misdemeanor charges does not figure out during USCIS and FBI search so you can take a risk. My worries is that if I disclose it then probably I will get citizenship denial.
 
You're making a big mistake by basing your decision of whether you should disclose the citation on if USCIS can find out about it.
 
It's true, they don't check everything, but you will be at risk anyways. Who knows if they will get this information you're trying not to disclose? Good luck...yo'll need it.
 
When they can find out this misdemeanor cherges against me? What will happen if I say that this charges were not on record as per court ruling?
 
adlaw said:
When they can find out this misdemeanor cherges against me? What will happen if I say that this charges were not on record as per court ruling?
Click to expand...

If they find out, then they do not accept yoru excuse. Please read USCIS warning right before Question 15 of Part D N400 and here is the quote

"For the purpose of this application, you must answer Yes if applicable, even if your records were sealed or otherwise cleared or if anyone icnluding
a judge,..., told you you no longer have a record". SO USCIS emphatically the corut ruling that the charge were not on record does not
count at all in the eyes of USCIS.

But I believe you made up your midn not to mention the charge based on assumption the likelihood of USCIS knowing it is very very small. But if you do
so, you have to prepare the worst case
 
A minor shoplifting charge alone will not prevent naturalization. LYING about it CREATES a reason to deny the application and any additional applications for FIVE YEARS.

Don't be a fool. You got off easy, don't make it worse. You merely paid a fine. It takes a 3rd misd. offense or a felony to require mandatory jail time of 30 to 120 days for the misds. or 1 year to 10 years for the felony.

In Georgia:

Definition of Theft by Shoplifting
Theft by Shoplifting occurs when you take merchandise from a retail establishment through various means. This means include concealment, altering or swapping price tags, or transfer from one container to another.

Misdemeanor Theft by Shoplifting
Shoplifting is a misdemeanor when:
the value of the merchandise is $300.00 or less.

Definition of a Misdemeanor
A misdemeanor is any crime other than a felony.
Local ordinances in Georgia are, by definition, misdemeanors, and are tried in the municipal and/or magistrate courts.
Punishment for most misdemeanors is up to 12 months in jail. You can get good time credit while in jail. Many jails only require you to serve half your sentence.
Fines for most are up to $1000, but can be as low as $300 for certain offenses.

Misdemeanors - Other Punishment
In addition to jail, probation, fines, and restitution, some common punishment for a misdemeanor conviction are as follows:
Community Service
Loss of Right to Possess a Firearm (e.g. Family Violence Offenses)
Loss of Federal Financial Aid for Your Education (Drug Offenses)
Precluded From Certain Job Opportunities
Loss of Driving Privileges
Suspension Of License Plate
Publication of Your Photo in the Newspaper
 
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Remember: Shoplifting may be "minor" in practical sense, but it is a CIMT for Immigration

Shoplifting is always a fascinating offense for immigration related matters. Although the dude may have lifted a $0.50 object, still it is a Crime Involving Moral Turpitude (CIMT) for immigration matters.

In this case, it is important that the applicant divulge the case details, regardless of whether it was CIMT or not. Otherwise, he is further risking himself/herself into a corner.
 
The CIMT in question, meets the exception under the INA.

8 CFR 316.10

(b) Finding of a lack of good moral character.

(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:

(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;

INA 212 (a)(2)(A)(ii)

(II) the maximum penalty possible for the crime of
which the alien was convicted (or which the alien admits
having committed or of which the acts that the alien
admits having committed constituted the essential
elements) did not exceed imprisonment for one year and,
if the alien was convicted of such crime, the alien was
not sentenced to a term of imprisonment in excess of 6
months (regardless of the extent to which the sentence
was ultimately executed).
 
poongunranar said:
Shoplifting is always a fascinating offense for immigration related matters. Although the dude may have lifted a $0.50 object, still it is a Crime Involving Moral Turpitude (CIMT) for immigration matters.

.
Click to expand...

There is that Petty Theft Exception Clause or something like that. It is used for deportation/inadmissibility criteria but also for Good moral character purpose in natualization.
The rule is amount of theft has to be lower than $500 (I am not sure it is actual amount
or the maximum amount specified in the crime that is charged)
 
Many Thanks all of you. After reading everyone's reply, I made up my mind to go ahead and disclose this shoplifting charge on N-400 application. Should I do it on my own OR should consult a Lawyer? I will attach the court document on N-400 application as needed.

Please comment what is my chances of denial or acceptance of my Citizenship application in this scenario???
 
adlaw said:
Many Thanks to all for your reply. Actually I used two prominent Background check company and they could not find my record.
Click to expand...

Background check companies normally cannot find expunged or sealed records. But USCIS can find find them with the help of the FBI.
 
adlaw said:
So what are the chances of my acceptnace or denial of my N-400 application???
Click to expand...

You have to check out the following facts:

Shoplifing sure reflect moral character and maybe it is legally a CIMT

(1)

Itf it is a CIMT, then For the offense under which you are charged: what is the maximum setence?
If it is 1 year or longer, then you even face deportation

(2) If deportation is out of teh question, then you ahve to check out the Petty Theft Rule.
If you are OK by that rule, then your application should be approved. If the petty theft rule
does not apply, you have a significant chance of rejection because offense
occured within past 5 years
 
You meet the exception. You don't need to waste money on a lawyer for something so petty. Under the Georgia statute, the offense categorically qualifies for the INA exception. LOOK IT UP YOURSELF AND READ.
 
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