Please help.

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venus23

Registered Users (C)
Hi, I am new to this website and i am hoping that I will get my questions answered and want to thank you in advance for your time.

I came to USA in 1999 with refugee status, got my green card in 2001 or 2002 (however in the green card says Residence Since 1999 - expiration 2012) and want to apply for citizenship now in 2009. However, i have a criminal record (Summary Offence) for retail theft in 2002. I was fingerprinted and then I got a citation and summons to appear in the court on which I plead Not Guilty. In a district court I was still found guilty and charged with Fines 150 dollars for a Summary Offence for a Retail Theft. No jail, no community service. I read the statute and found that $150 is the maximum punishment (sentence) for the Summary Offence grade.

My questions are

1. Can this be a reason for not granting me a citizenship or ground for deportation? It's been more than 7 years ago and I never had any other records before and after this incident. But it happened during first 5 years i was lawfully addmited to USA and it worries me.

2. Do they typically ask on natiralization interview details or explanation about the incident on the interview?

3. I have a certified copy of court disposition, as well as copy of Citation that i am going to enclose with my application. In addition i wrote an explanation letter that explains the details of the situation in the mall ( i really did not have any intent to leave the mall with unpaid merchandise, it happened due to a medical reason when i was helping out my sick mom, but retailer thought that we are leaving the store) . In the same letter I also asked immigration officer to consider my accomplishments for all 9 years being in this country and I attached copies of all documents (as evidence) for each point that i listed in my letter hoping that it would show my good moral character. This 2 pages explanation letter and 25 pages of copies of awards, credit history, etc. Now I am not sure if i need to send this all with my application or not, it's lots of reading materials and i am not sure if it will be in my favor and prevent asking questions, or it will just make the officer mad or lead to additional questions. Would you recommend to send these materials, or maybe just take it with me and present if needed but include only court desposition with application

4. I already filled out the N400 form myself but did not send it out yet. One lawyer offered me to hire him so that he would fill it out and file my application and he also said that he would write a Legal Argument Letter that explains the statute, the maximum sentence for the summary offence, and that this was more than 7 years ago, and that it falls under petty offence, and should not affect my citizenship. What would be your recommendation? Do I need to hire a lawyer for this or maybe just send all documents that I prepared myself?

5. Shall I go on the interview myself or better go with a Lawyer.

Thanks again for reading through my thread. I am really very nervous about the entire situation and I will be waiting for your response on all 5 questions if possible.
 
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Your offense falls outside the statutory period and isn't a deportable CIMT (based on sentence). No need to hire a lawyer as the offense falls outside statutory period and sentence on court disposition will show IO it is not deportable or inadmissible offense.
Bring the court disposition to interview and you should be fine. The IO may ask you about offense, but it falls outside statutory period and is not a deportable offense..something your lawyer has already confirmed by offering to write you up a letter.

Of course if you feel intimidated by an interview with an IO, then by all means hire the lawyer to defend your case.
 
Thanks for a prompt reply.

I was condused as i understood that citizenship and deportation are separate things and that I should meet both requirements.

I thought that I meet the requirement for a citizenship (as it happened more than 5 years ago), but at the same time since the incident happened during first 5 years of my residence i can be deportable.
 
venus23 said:
Thanks for a prompt reply.

I was condused as i understood that citizenship and deportation are separate things and that I should meet both requirements.

I thought that I meet the requirement for a citizenship (as it happened more than 5 years ago), but at the same time since the incident happened during first 5 years of my residence i can be deportable.
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CIMT are used for determination of good moral character for naturalization eligibility, and also for deportability. It's only a deportable offense if it meets specific guidelines:ie a CIMT with maximum allowable sentence of over 1 year. I assume your lawyer already looked at your conviction and concluded it wasn't a deportable offense. If not make sure your lawyer confirms the implications of your conviction.
 
The maximum sentence is 90 days, but i just got $150 fine.
How would IO know what is the maximum sentence for any crime? In different states it is different. Do we also need to bring any kind of documents that shows the maximum penalty?
 
Venus10_73 said:
The maximum sentence is 90 days, but i just got $150 fine.
How would IO know what is the maximum sentence for any crime? In different states it is different. Do we also need to bring any kind of documents that shows the maximum penalty?
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Is "Venus23" same as "Venus10_73"-> which shows you're no longer "23"- lol
I would not include any of the stuff you mentioned. CIS is not interested in you proving you have good moral character, only that you don't. Stick to the application and only answer what is asked. I had a worse case than you and I did not include any but the most essential. Keep it clear, keep it clean.
This i what you should attached on a separate sheet of paper:

In 2002, I was arrested and pled guilty to theft of goods or services (whatever your plea was) and paid a fine $150. A copy of the court disposition is included and a certified copy will be available at the time of the interview.

Don't say anything more or less. Keep to the facts. I am sorry to say but no one cares that your mom was sick (only you) and CIS hears all sorts of stories all day long. Remember, short, sweet and to the point.
 
So_Special said:
In 2002, I was arrested and pled guilty to theft of goods or services (whatever your plea was) and paid a fine $150. A copy of the court disposition is included and a certified copy will be available at the time of the interview.
Click to expand...

So Special, I agree with what you are saying except, I would leave off the last sentence in the above quote. If they want to see a Certified copy they will ask you to bring it along to the interview. The copy of the disposition with N-400 should be adequate especially since it is out of the Statutory Period. Why make extra work for the OP?

Just my take on the issue. I have been wrong before and will no doubt be wrong again. :)
 
WhichWay2Go said:
So Special, I agree with what you are saying except, I would leave off the last sentence in the above quote. If they want to see a Certified copy they will ask you to bring it along to the interview.
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Or they can ask for it at the interview itself if they didn't ask for it before. At that point, if you don't have it with you, your case will be delayed.
 
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Thanks everyone for the input.

However i am thinking why do we even need to attach a separate sheet of paper with the comment that i was arrested and plead guillty ( in fact i plead Not Guilty) and paid fine if we can indicate same info in the table in section 10. Sounds like a duplicate information.
 
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