Need Help

J

jimmy111

Registered Users (C)
I have AOS Interview in a month and i am looking for people help or view regarding my situation. Here is my Situation.

Seven years ago, i was working on XYZ company and i was charged with pitty theft ( $40) and they called cops and fired me at the spot. Police gave me court date. I went to court and plead guilty and pay 40 dollar fine.

I was neither arrested nor finger printed. I also didn't include this thing on I-485 application. I am wondering whether i should tell my officer in Interview or not.

I have been working since then and every time company checked criminall record, they hadn't tell me anything yet. so i am looking for you guys view on this one.
 
It isa misdeameanor charge, but you need to get the disposition about the charge and have it with you at the interview.

Not reporting it on your I-485 may have been a mistake. I hope not. Here is a website you can go to that might give your more insight as to what to do. I hope it works out well for you.

http://experts.about.com/q/i.htm
 
jimmy111 said:
Anyone has Opinion or View on this situation?
Click to expand...

1. You should have reported this.
2. You need to go to the court where your case was ajudicated and get a certified disposition of your case.
3. Pray that USCIS doesn't accuse you of fraud but not mentioning it on your I-485.
 
Since i didn't mention on I-486, Do i tell Interview officer or not? If yes, what should i tell him about I-485
 
Right after the officer takes your oath on the interview, that's when I would try to explain why you didn't mention this on your application, that's your chance.
First of all, you need to know what the court disposition says and what is that exactly you pleaded guilty in. Remember, this info is already in the system and any effort to hide this from a government employee would be just... very unwise.
I'm not a lawyer,so I don't know for sure, but I always thought that petit larceny is a criminal charge( the one that is of moral turpitude too :eek: depending which state you are in). Based on what you said about your other employers who didn't find any criminal record on your file I'm quessing that you might have just pleaded guilty in something like a disordely conduct(that's what usually happens with the 1st time offenders for this type of charge) that is considered more like a traffic ticket violation and does not give you a criminal record.
Thus, my opinion-most definetely mention this incident to the officer on the interview. You will need to think how would you explain the fact that you didn't include this in application...be very careful with words. You might want to seek a legal advice from a good attorney regarding this, and he/she will also need to look at the court disposition first.
Good luck, let us all know how your interview went!
 
Last edited by a moderator:
Thanks everytong for their Input.

Court dispostion says that 1 pity theft, $100, pleaded gulitly, i really need advice from other folks
 
Court Disposition...

jimmy111 said:
Thanks everytong for their Input.

Court dispostion says that 1 pity theft, $100, pleaded gulitly, i really need advice from other folks
Click to expand...


Jimmy,

I will second the previous advise. Here is the deal: Go the court where this matter was adjudicated or where you paid the fine, ask to speak to the Court Clerk. Explain your situation to her, give her your name and anything which she can use to enter into their system for any record, and she will let you know what was the final outcome on this matter. You say that you pleaded guilty, but the court has a final say on how a crime will be classified, especially since you were a first time offender. Hopefully the last time.... :rolleyes:

Also, take into consideration the fact that you will have to pay for a court disposition. A court disposition with a notarized seal IS THE ONLY OFFICIAL RECORD which a court can issue on your matter, which you will need to take to your interview. A letter from the court, except a court disposition will not cut it at the interview. :o

Lastly, as soon as you are sworn in, explain to the officer that you would like to make an amendment to your form. Don't be intimidated by the officer or you will be a toast. Remember that you cannot be accused of seeking to mislead USCIS, except if you refuse to acknowleding this crime and USCIS finds out, so you will be admitting this crime and its disposition under OATH, so you should be fine. :D :eek:

Good luck...
 
Al Sotuthner;

Thanks for your input. I already got court minute from Court this afternoon. I t clearly says " 1 theft " as offense.I guess that means 1st theft Offense and "Gulity" as disposition and $100 due which i already paid at the same day.

I think you are really good help. What should you do in my circumstances?
 
jimmy111 said:
What should you do in my circumstances?
Click to expand...

Tell the truth, of course!!!!

If you were fingerprinted (or even if you weren't) this conviction will apear on the criminal check that USCIS did after you were fingerprinted. At your interview, the DAO will put you under oath and ask you if you've ever been convicted of a crime or arrested.

If you say no, he or she may be nice and ask "are you sure? Remember, you are under oath." And if you say no again, then out will come the records of the conviction, your case will be denied for fraud and you will receive a lifetime bar from ever re-entering the US once you get deported.

So by all means, tell the truth.
 
Of course....

jimmy111 said:
Al Sotuthner;

Thanks for your input. I already got court minute from Court this afternoon. I t clearly says " 1 theft " as offense.I guess that means 1st theft Offense and "Gulity" as disposition and $100 due which i already paid at the same day.

I think you are really good help. What should you do in my circumstances?
Click to expand...


JImmy, :cool:

If you got a court disposition which say 'guilty", then it is fine. You should NOT feel that this is the end of the world. In my view, your crime is petty, I would not put it in the same category as DUI, smoking weed while enjoying a company of two prostitute, but the law classify it as a crime. However, stealing is a terrible thing, which I don't condone. For example, Ken Lay died before he could pay for stealing $$$, Tyco executives, to name a few. So, you should be able to do well at the interview, as long as you are upfront and honest. :)

Remember this: USCIS will have access to each and everything you ever did, in terms of criminal activity, hence the FBI runs a background check on you. So, the truth of the matter is that the USCIS will have an idea of this crime, BUT will wait on you to be a moral and truthful person at the interview. So, you should be prepared to tell the officer who will be interviewing you about this incident AS SOON AS YOU ARE SWORN IN and SEATED. This will be your pre-emptive war against the USCIS officer, so that HE cannot claim he caught you attempting to DEFRAUD the USCIS. Because once you are upfront and produce the evidence, you ensure that this matter is dealt with immediately, so that he can proceed with other matters and issues as it pertains to your interview. :D

WARNING: If you don't start with your "confession" if I might call it that, the entire INTERVIEW is going to be very very very difficult, because you will be HOPING HE doesn't address this issue, but your NON-VERBAL communication will land you in a pan of boiling oil, and you will be a toast, denied and dismissed from their office. I repeat, IT IS IMPERATIVE that you tell him this before he address any other subject matter, because again, this gives you a moral high ground against the officer, and vow well for your honesty. If he ask you why you didn't check the correct box, be honest, you could tell him that the QUESTION stumped you or you didn't understand it properly, but after talking to people who have been in the immigration process, they advised to amend the form to reflect this offense against you. So, you will be fine. ;) :D

KEY: Don't act like you life depends on this, I know for most people, this process means a whole lot to them, but it doesn't mean you should be door mat to be walked over. What I mean is that you should be firm in yor dealing with the officer, such as not act like you are scared. If you look scared, USCIS people will abuse you and treat you like a horse's behind. For example, I was in NY about 3 years ago, and this Asian American guy at USCIS tried to intimidate my wife, by being rude to her. Guess what... I told this guy to cut the crap or I will have him reprimanded, suspended or fired for his rude behavior. "He who mistreat a lady direspect the man whom she is accompanying." People who work at USCIS and are rude, it is not that you caught them on a bad day, but rather it has become their MO against immigrants. I gave him by business card and told him that I will get the State Dept to give the Director of that office a call about his dealings with me (my wife is ME). :p In short, this guy apologized and became the nicest person in that office, because other people could hear our confrontation. Moreover, once USCIS officer know that you actually wield some power, then they will act like humans are suppose to. :p

So, you don't have to be abrasive or aggressive, but neither should be timid. Also, be relaxed man... you acted like an idiot by stealing, so what? :confused: :confused: It was a crime of stupidity and I hope that you learned your lesson.... :cool:
 
I agree with Al Southner, you shouldn't feel intimidated. If what you did was something that terribly bad I'm sure the judge wouldn't let you get away with this by simply paying $100 fine. Another positive factor here is that this happened 7 years ago...long enough for most people to realize their mistakes and change for better. When one applies for citizenship, e.g., the most important to have a clean criminal record for last 5 years, not that you could have killed somebody before that and be fine :D but for cases like yours USCIS does care how long ago the incident happened. I'm sure you sincerely regret about this wrong doing so just let the officer know that it was the biggest mistake of your younger years( so long ago that you even forgot to put it in your application :p ), you deeply regret about it, this was a life time lesson for you.
The guy I worked with applied for citizenship and forgot to mention one of his arrests ( well, he had quite few :D ) so he hired the lawyer who recommended him:1-mention about this arrest for sure;2-after he is sworn in not let the officer even say a word before he makes a confession about this.
This guy followed these advices and the officer was satisfied,everything was great until written English exam was conducted....that was a complete failure but that is another story... :)
 
You must log in or register to reply here.
Top