Can anyone offer me their opinion about this? I have my N400 interview next month and I am worried about something. I had a shoplifting charge over 10 years ago, which was dismissed in court. I got the court documents showing that it was dismissed. But I did not mention this on my application for green card seven years ago (I thought I didn't have to mention it because it was dismissed). It was naive for me not to mention it on my I485. Would this create a problem at my interview? What should I do?
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question/concern about naturalization interview
- Thread starter johannK
- Start date
N400Applier
Registered Users (C)
There is a good chance yes. Especially if you mentioned it in the N-400 application but not on the I485. The officer has access to your entire file at the time of the interview and they will easily figure out that you did not mention it at the I485 stage.johannK said:Can anyone offer me their opinion about this? I have my N400 interview next month and I am worried about something. I had a shoplifting charge over 10 years ago, which was dismissed in court. I got the court documents showing that it was dismissed. But I did not mention this on my application for green card seven years ago (I thought I didn't have to mention it because it was dismissed). It was naive for me not to mention it on my I485. Would this create a problem at my interview? What should I do?
Do the following:
1. Get all documents related to the offense. (Court Dispositions etc.).
2. Talk to a lawyer immediately. BEFORE your interview.
johannK said:Can anyone offer me their opinion about this? I have my N400 interview next month and I am worried about something. I had a shoplifting charge over 10 years ago, which was dismissed in court. I got the court documents showing that it was dismissed. But I did not mention this on my application for green card seven years ago (I thought I didn't have to mention it because it was dismissed). It was naive for me not to mention it on my I485. Would this create a problem at my interview? What should I do?
Possibly, but it might depend why the case was dismissed; USCIS has strange ways of viewing crime & punishment - if for example you undertook some voluntary program in lieu of further prosecution, you are still "guilty" under immigration law.
The other important point is that lying to obtain an immigration benefit is a big problem and can be a roadblock for naturalization. Not saying you did outright lie, but you can see how this might be viewed as lying by omission.
Hopefully you did say 'yes' to the arrest question on N-400?
You probably ought to seek advice from an immigration lawyer prior to your interview.
There was no arrest; just a citation. I have all the relevant court documents. It was close to 11 years ago; dismissed for lack of evidence. No guilty plea. It was because it was dismissed that I thought I didn't have to mention it on I485. The language on that form was not as clear about reporting everything as it is on N400. I had no reason to hide it......
An attorney wouldn't know how to answer it either. You can try spending some money consulting, but I don't think there is any benefit in doing that. If at all this even comes up as an issue at the interview (I doubt it) just tell what you just told this forum about dismissed for lack of evidence and the no guilty plea and also the fact about the language and you have no reason to hide.
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johannK said:There was no arrest; just a citation.
Well you have to mention the citation, so the topic may well come up for discussion. Sounds like you have a strong case though.
ApplyinMidwest
Registered Users (C)
Definitely mention it on n-400. USCIS does a thorough background check for naturalization, many things might came up against you if you try hiding something from them. Don't chance it, as it would give them excuse to deny your application.
Oh, I have mentioned it on the N400, and I mailed in a certified court disposition with my application (will bring in another copy to the interview). When I read the instructions for N400, it was clear to me that I had to mention it. The citation itself should not be a problem; I'm just worried about not having mentioned it in the GC application.
The important thing, as I understand it (and, of course, I am not a lawyer, etc.) is your intention. What you said above "that the language on the I-485 made you think that you didn't need to report it while the language on the N-400 did", if you can say that truthfully, and look truthful (not nervous, not sweating, etc), then I think (not a lawyer, don't have experience here, etc) that you shouldn't have a problem.
Then again, this is the USCIS. The important thing is to be absolutely truthful.
Then again, this is the USCIS. The important thing is to be absolutely truthful.