N400 help!!!

A

athleta1

New Member
In 1996 I stole a library book and was caught and was questioned by campus police.
I was not fingerprinted. I was charge petit larceny. I paid a fine ($125) and attended a class and was told the case would be dismissed after 1 year without any incident. Everything went fine. I was under the impression that that means I don't have a record.

When i filed my I-485 in 2000, I answered NO to "Have you been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations? " , thinking that i don't have a record. I got my GC without any problem.

For my N400 application, I think i need to declare this incident because the application clearly states that "all sealed & dismissed cases have to be declared".

I am now wondering if I was supposed to declare this in my I-485 application even though the case was sealed. I think I should have but I really thought that by paying the fine and completed probation means that i don't have a criminal record.

I have not submit N400 since I am so worry about not disclosing this information on my I485. Will this affect my N400 application?

Your advice and input will be greatly appreciated.

Thanks
 
For immigration purposes a suspended imposition of sentence is a conviction, even though after successful completion of the probation period it's a closed record.
It should be dislcosed on N-400 and a disposition should be attached.
It should have been disclosed on I-485 but it wasn't could look bad but not disclosing it now and if unearthed will put you in a worse situation even though it is 14 years old and is way out of GMC period.
 
Unless USCIS is full of anal people, disclosing an incident which is over 14 years is an overkill. You never served time and I don't think any database will pick-up such a minor incident. The FBI isn't in the business of checking with libraries about people who steal books at a local libraries. If I were in your situation, I wouldn't disclose this because it is a non-issue. It is far outside the statutory requirement as required by USCIS. Namecheckvictim is a victim of lack of knowledge on this subject matter. If this incident had happened 4 years and 11 months and 30 days, then I would be advising you to disclose it. Ignore and don't even be bothered by it. However, since this site is for all pundits on immigration, my opinion might be in minority on this issue.
 
Al Southner said:
Unless USCIS is full of anal people, disclosing an incident which is over 14 years is an overkill. You never served time and I don't think any database will pick-up such a minor incident. The FBI isn't in the business of checking with libraries about people who steal books at a local libraries. If I were in your situation, I wouldn't disclose this because it is a non-issue. It is far outside the statutory requirement as required by USCIS. Namecheckvictim is a victim of lack of knowledge on this subject matter. If this incident had happened 4 years and 11 months and 30 days, then I would be advising you to disclose it. Ignore and don't even be bothered by it. However, since this site is for all pundits on immigration, my opinion might be in minority on this issue.
Click to expand...

N-400 Clearly asks for all criminal history, arrest etc irrespective of when it happened and does not ask for history limited to the Statutory period.
It also clearly says that while determining the GMC USCIS is not limited to the statutory period.
While all of that is true the OP's charge is not a CIMT and would not even be a issue if that had happened in the last five years let alone 14 years ago.
If disclosing it is not a hindrance but not disclosing it might land the OP in hot waters of lack of GMC, why risk it, we don't know if the university police has made a formal police report about the incident or not.
Citizenship involves deep and thorough background checks and they are even able to access Closed, Expunged records.
It's your call I personally think if they can and have deported a Naturalized US Citizen after revoking his citizenship after some 50 plus years of Naturalization after finding out he supported Nazi's and didn't disclosed it in his immigration papers, then I would be more pessimistic than optimistic dealing with USCIS, the poor guy was 78 years old.

X
 
Well...anyone who puts their stock in hearsay evidence which was used by USCIS/ Dept of State to send reported Nazi guard. There is a reason US Court prohibit hear-say evidence in the judicial system, it's given by people who have ulterior motive. We disagree on this issue,so the OP ought to make a wise decision which he won't regret.
 
athleta1 said:
In 1996 I stole a library book and was caught and was questioned by campus police.
I was not fingerprinted. I was charge petit larceny. I paid a fine ($125) and attended a class and was told the case would be dismissed after 1 year without any incident. Everything went fine. I was under the impression that that means I don't have a record.

When i filed my I-485 in 2000, I answered NO to "Have you been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations? " , thinking that i don't have a record. I got my GC without any problem.

For my N400 application, I think i need to declare this incident because the application clearly states that "all sealed & dismissed cases have to be declared".

I am now wondering if I was supposed to declare this in my I-485 application even though the case was sealed. I think I should have but I really thought that by paying the fine and completed probation means that i don't have a criminal record.

I have not submit N400 since I am so worry about not disclosing this information on my I485. Will this affect my N400 application?

Your advice and input will be greatly appreciated.

Thanks
Click to expand...
The worst case scenario is that IO asks you at interview if you were ever arrested and concludes that you falsely obtained immigration benefit in the past by not disclosing it on GC, and you later receive a notice to appear for deportation hearing. Consult an experienced immigration lawyer to determine the implication of not having disclosed the incident in the past before you apply.
 
Al Southner said:
Well...anyone who puts their stock in hearsay evidence which was used by USCIS/ Dept of State to send reported Nazi guard. There is a reason US Court prohibit hear-say evidence in the judicial system, it's given by people who have ulterior motive. We disagree on this issue,so the OP ought to make a wise decision which he won't regret.
Click to expand...

hearsay rule is not always enforced in civi matter
 
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