Naturalization and petty theft from 13 years ago.

Samanta20_2001

New Member
Hello, I just had my citizenship interview and honestly I don't know what to make of it. It was very quick and the IO officer did not ask to see any of my original documentation, although I did ask her if she would like to see anything in relation to my application. I had five folders of original documents with me but she never asked to see any of them. As soon as I got home, my case got updated that additional evidence was required. The next day it got updated again that additional evidence was recieved, however I did not send anything but another day later I recieved a letter in the mail stating that they only had a court document copy of an incident I reported and only originals were acceptable. In addition they are now are asking for arrest records which I don't have, as I have never been arrested. Here is a little background to the problem: I arrived in the states in August of 2001, in early 2002 I went shopping at a grocery store. Once I was done shopping and checking out, I remembered that I saw some "FREE" samples on a shelf , so I went back to grab couple (plastic pouches, small sample size of hair serum, like the ones many retailers give out for free for people to try cosmetic products or hair products) Long story short I was stopped by the front door and since this did not appear on my reciede, I was basically accused of stealing (keep in mind that those things, later I found out were about $1.40 and I had just paid a $70 grocery store bill- I had absolutely zero intentions of stealing) . They called an officer and when he arrived, I had to call a friend of mine to translate because I barely spoke English at the time. The officer pretty much knew right away that I did not try to steal and he even made the store manager take off the FREE misleading sign. Turns out those things were given for free only if you had purchased something additional (I think it was a shampoo) otherwise they costed $1.40. The manager insisted on pressing charges, so the officer had to record everything but the officer pretty much said not to worry about it and that he believed me. So he ended up not showing up on the court date and my case was dismissed. Fast forward to today - I was honest on my application and disclosed that incident. I had obtained a record back in 2009 from the court showing the dismissal and that is what I submitted with my N400 application. I have never had any other tickets, or such incidents since then nor have ever committed any type of crimes in my life. This record actually does not exist any longer as just this past week I called the court again and asked what else they can give me so that I can satisfy the USCIS requirements. They couldn't even find the case number so they are sending me confirmation of "no record found". I also went to my local police department and got fingerprinted and requested a clearance letter to show that I have never been arrested from the state that this incident occurred. Problem is that I moved out of that state 8 years ago and I can't physically go there, I have to wait for everything in the mail and I am worried that it will not arrive before the USCIS deadline given to me (30 days total from the day of my interview) to submit the additional documents. I need some experienced help here, do you guys have any feedback or advise for me? Do you know if I can request an extension of that deadline, so that I have time to obtain the documents? I talked to the police department in that state and asked if there is any way to speed up the background check but they said no. It is on first serve first come basis and they can't guarantee I will recieve the clearance letter before the deadline. Also, I really feel like my case was not handled properly by the IO officer, so I requested a phone call from a 2nd tier officer and I plan on telling him how the appointment was handled. I had the original court dismissal letter with me and she never asked to see it despite of the fact that I offered to show anything she needs and I explained to her in detail what had occurred- yet she barely documented anything. I was never arrested, so I never even thought that I would need any kind of police records. Any help would be highly appreciated. P.S: please don't advise me to get a lawyer, I have one and he is not much help nor advising me on what to do. Thank you in advance for any helpful information provided! Oh and that store sucks. 14 years ago (not 13 years wrong math-sorry) shortly after the incident I even made the effort to write them an apology letter when I barely spoke English for this minor misunderstanding along with a card and they decided to make my life hell for $1.40!!!!!
 
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No help? Also: this was disclosed when I removed the conditions and became permanenet resident and everything was checked out back then. Any feedback would be highly appreciated.
 
No help? Also: this was disclosed when I removed the conditions and became permanenet resident and everything was checked out back then. Any feedback would be highly appreciated.

It is a bit unclear what the question is. Is your concern that you don't want to part with the original court document that is in your possession? It seems like you already have the document in your possession to satisfy their concerns; it is just that the IO seemingly forgot to ask for it at the interview. Have you tried scheduling an Infopass appointment to show them the document that they need?
 
It is a bit unclear what the question is. Is your concern that you don't want to part with the original court document that is in your possession? It seems like you already have the document in your possession to satisfy their concerns; it is just that the IO seemingly forgot to ask for it at the interview. Have you tried scheduling an Infopass appointment to show them the document that they need?
Thanks for the reply. I obtained new ones, from the same Court but the record is no longer existing and I also obtained clearance letter from the police department in that city to proof that I have not been arrested. Is it a good idea to include a letter of explanation of the incident? I really never intended to steal anything to begin with and it sucks that I have to go through this but I feel like I should explain what the situation was. In addition, is it a good idea to include some letters of recommendations from employer and work performance letters as some kind of proof coming from other people that know me to demonstrate to them that I indeed do have a good moral character? I appreciate your reply.
 
Thanks for the reply. I obtained new ones, from the same Court but the record is no longer existing and I also obtained clearance letter from the police department in that city to proof that I have not been arrested. Is it a good idea to include a letter of explanation of the incident? I really never intended to steal anything to begin with and it sucks that I have to go through this but I feel like I should explain what the situation was. In addition, is it a good idea to include some letters of recommendations from employer and work performance letters as some kind of proof coming from other people that know me to demonstrate to them that I indeed do have a good moral character? I appreciate your reply.
P.S: yes I have scheduled an INFOPASS appointment but the documents will get back to them sooner than my appointment is. Also, how do I request to speak to a supervisor? I really feel like the officer did not handle properly the situation as I had the proof with me right there and I even explain to her what had happened and asked if she needed any of the originals to which she replied "No".
 
I confess that I'm quite confused as to what the issue is. In your original post you say that you have the original court dismissal letter. That's what they want to see in response to their request for evidence. There is no need for a long winded letter to USCIS--just send them the original court dismissal letter. It was a minor charge from 13 years ago so there is no need for a long explanation--they just want to see that the case is resolved. Send them the original court dismissal letter.

Yes the officer likely messed up in not asking to see that at the interview so yes you might also consider talking to a supervisor but you should also respond to the request for evidence in a timely fashion. They are a government bureaucracy and government bureaucracies sometimes mess up. This seems like a simple issue to resolve unless I'm missing something.
 
I confess that I'm quite confused as to what the issue is. In your original post you say that you have the original court dismissal letter. That's what they want to see in response to their request for evidence. There is no need for a long winded letter to USCIS--just send them the original court dismissal letter. It was a minor charge from 13 years ago so there is no need for a long explanation--they just want to see that the case is resolved. Send them the original court dismissal letter.

Yes the officer likely messed up in not asking to see that at the interview so yes you might also consider talking to a supervisor but you should also respond to the request for evidence in a timely fashion. They are a government bureaucracy and government bureaucracies sometimes mess up. This seems like a simple issue to resolve unless I'm missing something.
Sorry for the confusion. I do have the original court disposition letter but it was dated 2009, so I went ahead and obtain a newer one. Also, on the RFE N-14 for the second evidence requested was Police/Arrest records in relation to the petty theft , I didn't have that as I didn't think I need to have anything like this since I was never arrested to begin with and I stated so on my application. I had to obtain that from the Police department in that state and since I am doing everything over the mail, as I live in a different state now, it takes time. I have two more weeks time to respond but since I have everything now I will go ahead and mail it. I was just asking to see if it's a good idea to include a letter of explanation of the incident? or any letters of recommendations, so that they don't think I am a criminal? That's all. I really didn't think this would be a problem since it was over 14 years ago but obviously they want to know more about it. I explained to the officer at the time of the interview what happened and she jogged down some notes but if a supervisor needs to review my case, wouldn't be a good idea to include a letter of explanation of what happened? I honestly hired a lawyer to help me with that part and initially I was going to include a letter of explanation but he said it was not needed, so I never wrote one. I am lost myself. I am worried too much about it and I don't know what else I can do to show them that it was unintentional mistake on my end and I thought after 14 years such a minor issue wouldn't matter:/
 
If you have the documents then just go ahead and send them. I would NOT confuse the issue by adding letters of explanation or recommendations. What USCIS is looking for is documentation that this old case was properly disposed of--that it was resolved and there aren't any old arrest warrants or that sort of thing still out there. Because it was 14 years ago--and because the charge was dismissed--it doesn't reflect badly on your "good moral character" and there is no need to reinforce the application with letters of explanation or recommendation.

If the charges were more recent and/or you were convicted it might make sense to include letters of explanation or recommendations. But not in this case. You should limit yourself to documenting the disposition of the case.
 
Thank you for your advise. I took it and just sent them what they asked for and nothing too complicated.
I am now a US citizen :) My Oath ceremony was last week! Thanks again!

If you have the documents then just go ahead and send them. I would NOT confuse the issue by adding letters of explanation or recommendations. What USCIS is looking for is documentation that this old case was properly disposed of--that it was resolved and there aren't any old arrest warrants or that sort of thing still out there. Because it was 14 years ago--and because the charge was dismissed--it doesn't reflect badly on your "good moral character" and there is no need to reinforce the application with letters of explanation or recommendation.

If the charges were more recent and/or you were convicted it might make sense to include letters of explanation or recommendations. But not in this case. You should limit yourself to documenting the disposition of the case.
 
Thank you for your advise. I took it and just sent them what they asked for and nothing too complicated.
I am now a US citizen :) My Oath ceremony was last week! Thanks again!

Congrats on becoming a U.S. Citizen. Hope I can be lucky and be one in the future, but first I need to win the DV Lottery :D
 
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