N-400 and shoplifting case

T

Testt123

New Member
Back in 2007, My brother was charged with shoplifting ..He was issued misdemeanor TKT by the local police here in CA. The officer handcuffed him from store to his car in the parking lot and released him after his car search. They took his thumb impression on the TKT.

Later, We hired an attorney and he told us to have my brother go through the diversion program where he will have to watch a video and complete the course (Of course we have to pay for the course which was around $125 at the time). Upon complication, his record will be dismissed like never occur before. The lawyer told him to stay out of trouble in future. Since then, He had changed two jobs and the background check came through OK.

We were thinking applying for his citizenship and wondering what to do next:

Wait until next year and Renew the GC ?
wait total 5 years before N-400?
Apply now and take chance?
What answer should we give to questions 15-21 even after 5 years?
Is he going to have problems with renewing his GC too?

Last week, he went to the courthouse to get the copies of his disposition and was told those copies were either purged or if the case was dismissed they were shredded after 3 years. Is this true?

TIA
 
1st. U should consider speaking to an immigration lawyer. The consultation fee could really buy you a piece if mind.

What was the actual charge? It sounds like he was given a citation then it was dismissed, no conviction. If he didn't do probation or jail time for more than one year, I don't see why he would have to wait 5 years for n400. But I'm no lawyer. I would ask to speak to the court clerk and explain everything. You should be able to at least get a receipt of the fine he paid. Then all you have to do is bring it to the interview.
 
Thanks lakenight for the response....
The charge on the TKT was petty theft..No probation or jail time at all. He watched the tape and case was dismissed. We did talk to immigration lawyer and he told us to wait 5 years as per the law, Apply for GC renewal which is due in 6 months or apply now to take chance and he also told us that if the interview goes to a specific IO it will be approved..

Again, we didn't pay any fine except $125 for watching a tape fee. We called the agency (Third party contracter) who handled the tape process and was issued a certificate to us. She told us that case is dismissed. We later called the DA office and was told that case was dismissed. The DA office told us that says NO to all the Q's which involve arrest, crime etc.

Can we say no to Q's on the N-400 application?
Do we need to get a 2nd opinion on this?
 
Thanks LateKnight for your help.....

My brother went for his interview this afternoon and his case was approved. As you suggested, we did contacted three immigration lawyers for small fee to get the answer and immigrant defense project team via email. Everyone said to go ahead and apply N-400 now. Finally, it was all done and his oath will take place in two wks. Thanks again for your help to all the people who need help here and you are good about it. Keep it up the good work.

TIA
 
Answer to questions 17

Hi,
Congratulations to your brother.
How did you answer the question about arrest ?
Did you answer "yes" or "no" ?
 
We answer yes to arrest questions...But said that it was a misunderstanding. He was handcuffed from store to his car. He didn't goto jail. it was just a misdemeanor TKT. When talking to the lawyer he told us to answer yes.

hope this helps.
 
Dismissed shoplifting case

Lateknight,
I had an unfortunate incident on 1/1/1997 where I was accused of shoplifting a $2 booklet. I contacted a lawyer who took care of it and the case was dismissed after a "nolle proseque" was entered. The lawyer said the case was dismissed and all records were expunged.
I applied for my GC in 2000 and was approved in 2001. I have now applied for citizenship, completed my FP and got the yellow letter. The yellow letter is asking for details on the arrest. All that I have is the original misdemenor citation, the cort fee receipt and a letter from the lawyer stating that the case was dropped and the records were expunged. I do not have any court disposition records. Is what I have enough or so I need anything more ?
Any help and suggestion is appreciated.
Thanks.

LateKnight said:
1st. U should consider speaking to an immigration lawyer. The consultation fee could really buy you a piece if mind.

What was the actual charge? It sounds like he was given a citation then it was dismissed, no conviction. If he didn't do probation or jail time for more than one year, I don't see why he would have to wait 5 years for n400. But I'm no lawyer. I would ask to speak to the court clerk and explain everything. You should be able to at least get a receipt of the fine he paid. Then all you have to do is bring it to the interview.
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