US Citizenship Appl. with past "Petty Theft" conviction

US-DC

New Member
I have a situation while applied for my Citizenship application as
follows:
I have received my interview letter for USCIS( form 797C) .
Yesterday I have received a letter from USCIS indicating that FBI
background check using my finger print has revealed that I have an
arrest record. So I have to bringa) Certified or original copy of arrest record
b) Court Dispositions showing how it has been resolved
at the time of interview.

That reminds me an incident during in 1996 in PA I have been charged for "Retail Theft" due to a misunderstanding. I have received a court copy for fine (around $200).Unfortunately I have to go back to my home country immediately for a family emergency . So I have called the court and asked what to do and they have advised me to pay the fine and plea guilty since I am leaving the country soon and everything will be fine. So I did it.

I was not aware of it as an "arrest" and have not mentioned in my
application.( I have not mentioed in my i-485 ALSO But got GC on 2001).
What should I do? Pl. advise
 
I was not aware of it as an "arrest" and have not mentioned in my application.( I have not mentioed in my i-485 ALSO But got GC on 2001). What should I do? Pl. advise

Well it must have been pretty obvious it was an arrest. Why else you would the police have taken your fingerprints?

The only thing you can do now is get whats been asked; a copy of the police report and a court certified case disposition. Shouldn't be hard to do - just contact the clerk of the court and the appropriate police agency where the incident happened.
 
Did they originally arrest you for the "misunderstanding" , or were you just handed a citation to appear in court?
 
You actually pleaded guilty. GET A LAWYER, as you could be facing deportation depending on the exact classification of the offense or lying on the application (especially if you already interviewed and did not mention the incident in the interview, in addition to failing to mention in in the N-400).
 
I sometime wonder what is wrong with people who mistakenly think USCIS (or American govt.) is so stupid that they wouldn't know anything if it's not told to them...

Let me be very clear here- OP has deliberately/wilfully and knowingly concealed his arrest/offense/conviction on his citizenship application despite of the fact that the application itself clearly states about disclosing ALL the arrest/conviction/crime/citations. Let me remind readers, OP received a fine for $200, whether for 'pretty" offense or citation, yet still it was a citation. Then how come OP forgot to mention about it when application asks to disclose all the citations as well. It wasn't a traffic ticket citation so to have any argument/discussion or second thought on it.

It didn't bother OP even a bit until only now when he received a letter from USCIS mentioning about the arrest. Even in my wildest dream, I refuse to believe that OP didn't remember about it, or mistakenly forgot to disclose about it, or thought it wasn't an arrest/conviction/crime; rather I strongly believe without a doubt that OP mistakenly undermined USCIS and thought US govt. would never find out about it, but he knew all along what and why he is hiding that fact on the application. Hmmmm..OP miracleously/magically remembers NOW the WHOLE INCIDENT crystal clearly all of sudden but only AFTER receiving the letter from USCIS!!!! Give me a break, will ya???

No offense/insult, but how stupid one could be in thinking that an arrest wouldn't show up on background checks regardless of it's disclosed or not on the application?? I mean it's not a rocket science to know a simple fact that the sole purpose for govt. to do all kinds of background checks on applicants is just to find out any criminal history on them regardless of what applicants have mentioned/disclosed on their application. Did OP think USCIS wouldn't know about it if he wouldn't tell/disclose it on the application?? So much for the common sense...

It was such a bad judgement on OP part (probably because of stupidity/ignorance/or thinking being oversmart) when OP thought it was more important to him to visit outside the US (even if there was a compelling reason) than clearing off the criminal matter first unless OP didn't care his immigration life in this country. Just know that people get arrested and serving time in jail everyday around the world even though they have family or medical emergency. So, bringing about family emergency doesn't cut off the fact of being a criminal mess which could take you away from family and loved ones for a long time, or could minimize the chances of family to have financially getting taking care of in case one is deported from here if s/he is making good money.

By the way, courts never set up a date for the trial right away; rather trial is actually scheduled a way long after (many months later) since laws give the time to both parties (prosecutors and defense) to gather evidences/witnesses for the best presentation of their case. Besides, most courts are so busy to schedule a trial date right away. Thus, they don't give a trial date before many months later of the incident. And even if a trial is set up, any party in the action can request to reschedule it for another time if there is an emergency or a reasonable reason. In a criminal case, defense attorney can file a motion to the court to put the matter on calendar for another date. I believe, you were so keen to go to your country, or didn't want to spend money on attorney to defend yourself against that you thought that paying the fine and pleading guilty is the easiest way to walk away from that criminal matter. But now when that arrest/pleading has come back to haunt you, you are now talking about it.

Does OP not know that he could have been denied and still could deny an entry into the US upon coming from the oversees depending upon the officer at the port of entry if his crime/conviction falls in a deportable offense?? Just because it hasn't been the case so far, that doesn't mean it cannot happen in the future. It just depends on the officer at the port of entry.

Keep it in mind, a theft offense is crime of moral turpitude, and very much a deportable offense depending on the criminal statute of PA where the crime was committed/occured. So, don't jump on the conclusion too fast in thinking that it's a "pretty" offense even if you are told so by attorneys. Don't always believe what most immigration attorneys tell you on anything because they don't always tell the whole truth even if you pay them a big chunk of money; rather most of them practice immigration laws only on papers like filing cases and appeals than going in the court and dealing the matters in front of immigration judges. Besides, most of them don't know much about a specific area of immigration laws even though they are immigration attorneys. Their speciality is limited. Most of the time attorneys purposely mislead people to scare them so that they could be retained.

OP now must obtain a certified copy of court disposition of his case. Also, try to obtain police report and any other court documents. He must be sure to show all this to a good immigration attorney (not to any "John Doe" attorney). Attorney will need to research PA criminal statues on a theft offense, and the attorney will also need to review all the court papers to see what you plead to evaluate whether you will be facing a deportation or not based upon all these factors. If it would seem that you would be facing a deportation, then attorney may advise you to do something to vacate that judgement to avoid the deportation, only if you would pursue for it and only if attorney knows how to prevent deportation in this kind of situation.

And you should also know that immigration officer might very well deny your citizenship application, not because of what you did/plead/convicted for; rather for not being truthful on the application about it by not disclosing it. Lying and concealing a material fact is same as misrepresenting yourself which a ground in itself to deny the application even if your application is approvable otherwise. Another biggest problem here is that you didn't mention about it at your green card application as well which means you concealed a material fact under penalty of perjury and misrepresented during the green card interview to the officer by not disclosing it under oath, which is a crime in itself and a ground to deny the benefit and a lifetime bar to the entry into the US. Now the matter is VERY-VERY serious here, not because of your offense to being a "pretty' offense, a moral turpitude offense and for not disclosing it on citizenship application; rather it is for not disclosing on the green card application especially when it's and was a material fact. Get a good attorney soon.
 
Johnny Cash,
I agree with your epistle. :) Mr. US-DC needs a good lawyer... This application will likely be denied with or without a lawyer.... You just don't forget an arrest! ;)

Without a lawyer he might even face a one-way trip to his home country. Do you guys recommend lawyers here on this forum?
 
Johnny Cash,
I agree with your epistle. :) Mr. US-DC needs a good lawyer... This application will likely be denied with or without a lawyer.... You just don't forget an arrest! ;)

Without a lawyer he might even face a one-way trip to his home country. Do you guys recommend lawyers here on this forum?


There is no doubt that OP has a very BIG problem here and could very much face a deportation, but if he could get a good lawyer who could prove that OP's intention wasn't wilful and deliberate when OP failed to disclose a material fact (his criminal offense/conviction/arrest) on his green card application then he could prevent his deportation.

As for you asking any recommendation to hire a lawyer then I don't think this site recommends any lawyer nor I do unless I know where the case is. It's my advise to retain a lawyer where you live unless you don't mind spending tons of money. Though immigration is a federal matter, which means immigration lawyers can represent in any federal courts, but it would cost so much money to hire a lawyer from far distance because attorney would charge his/her traveling fees along with other expenses like hotel stay and for his all time. Unless you don't find a good attorney in your place or only at last option, you should retain a lawyer from far distance.
 
I have a situation while applied for my Citizenship application as
follows:
I have received my interview letter for USCIS( form 797C) .
Yesterday I have received a letter from USCIS indicating that FBI
background check using my finger print has revealed that I have an
arrest record. So I have to bringa) Certified or original copy of arrest record
b) Court Dispositions showing how it has been resolved
at the time of interview.

That reminds me an incident during in 1996 in PA I have been charged for "Retail Theft" due to a misunderstanding. I have received a court copy for fine (around $200).Unfortunately I have to go back to my home country immediately for a family emergency . So I have called the court and asked what to do and they have advised me to pay the fine and plea guilty since I am leaving the country soon and everything will be fine. So I did it.

I was not aware of it as an "arrest" and have not mentioned in my
application.( I have not mentioed in my i-485 ALSO But got GC on 2001).
What should I do? Pl. advise

my question is,how come it did not show up in the background check when it first processed in I-485?is this something the USCIS missed? or is there a different background check between filing for permanent residency or citizenship...:confused:
 
This will be a serious issue beyond the possible denial OP's N400 application.

Since OP has "konwingly concealed arrest and criminal conviction record(s) while obtain his immigration benefit", in this case the Green Card, USCIS could put him immediately under exclusion and removal proceeding to charge him with immigration fraud and ask judge to revoke his GC. It doesn't matter whether if USCIS approved the GC before, under the immigration law, at anytime, if the information that reveals the immigration benefit has been obtained by "lying" to US government agency, it can be revoked. It is applicant's burden to truthfully provide the information, not the USCIS's responsibility if they find it on time or not.

The best couse of action here is to seeking assistance from an experienced immigration attoney before abything else.
 
my question is,how come it did not show up in the background check when it first processed in I-485?is this something the USCIS missed? or is there a different background check between filing for permanent residency or citizenship...:confused:

In the past (before 9/11/2001), the background check for I-485 is much simpler then now days. Even under current regulation, if an I-485 application is pending the background check for more than six months, USCIS will adjudicat the application if applicant meets all the eligibility and approve the application. Should the result of background check reveals unfavorable result, USCIS has the rights to revoke prior approval.
 
This will be a serious issue beyond the possible denial OP's N400 application.

Since OP has "konwingly concealed arrest and criminal conviction record(s) while obtain his immigration benefit", in this case the Green Card, USCIS could put him immediately under exclusion and removal proceeding to charge him with immigration fraud and ask judge to revoke his GC. It doesn't matter whether if USCIS approved the GC before, under the immigration law, at anytime, if the information that reveals the immigration benefit has been obtained by "lying" to US government agency, it can be revoked. It is applicant's burden to truthfully provide the information, not the USCIS's responsibility if they find it on time or not.

The best couse of action here is to seeking assistance from an experienced immigration attoney before abything else.

how about if for instance, dwi(2x) under the state law(nj) it's neither a misdemeanor nor a felony. it's considered a traffic violation and you did not mention it when you filed a I-485 since it says "excluding traffic violation" would that cause a big problem?(note:dui/dwi is not a deportable offense)
 
and by the way...no fingerprints were taken/no jail time/no probation...license suspension only!
 
how about if for instance, dwi(2x) under the state law(nj) it's neither a misdemeanor nor a felony. it's considered a traffic violation and you did not mention it when you filed a I-485 since it says "excluding traffic violation" would that cause a big problem?
Why should it cause a problem if they specifically excluded it?

Note that the newest I-485 and N-400 don't have the exclusion for traffic violations.
 
Why should it cause a problem if they specifically excluded it?

Note that the newest I-485 and N-400 don't have the exclusion for traffic violations.

would this cause a problem(filing for citizenship) since it wasn't disclosed when it first filed I-485?
 
I think you will be denied for citizenship at this time for not having good moral character (Not telling the truth), but I don't think it is a case of deportation, because it was not an aggraveted felony and no time served. You can apply 5 years after the rejection or disapproval. It may help to have a lawyer joining with you for interview, not much though. This is just my opinion. I have seen someone in this forum got approved on same shoplifting conviction with $ 100 fine paid, but not being truthful is an issue here.
 
well, I agree with most posters here that you need a good lawyer. Don't give up though: you have made a mistake (well, 3 actually: the original offense, not fighting the offense in court and not mentioning it on your N400), but I believe that it can be corrected if you have good legal advice.

From past experience: don't ignore what experienced people are saying to you (even although it might come across harsh), but truly find a very good immigration lawyer as soon as possible.

Good luck and keep us posted with the progress. Perhaps you can help others in a similar position by letting us know how your case is proceeding.

All the best.
 
I agree with "Cash". Forgetting a Traffic Ticket I understand but when you sit down and fill out the N-400 and you are being ask if you have ever been arrested, cited or detained ... that should of been the trigger to remember the incident.
Don't we all sit there at one point or another and wreck our brains to remember every single detail because we know how much it can cost us if we forget to mention something especially something as big as that.

I agree you will probably be denied, deported I don't know because I don't know much about it but I seriously recommend get a lawyer and try even though it is a Family Emergency to put your travels on hold for now until you clear this up.

A lot could be at stake.
 
Back to Original question. The PO was asked to bring:

1. Certified or original copy of arrest record
2. Court Dispositions showing how it has been resolved

I understand the Court Disposition. But what the copy of arrest record shows? I went to police office and they said that they do not give anything and that i should go to the court. But in the court they were able to give me just court disposition. Also, the Arrest Date section in court disposition is blank, but there is a date for citation and summons. Does that mean that i was not arrested since it is blank? I thought that the fact that you were just fingerprinted and pictured already means the arrest. Am i correct or confused? can you please clarify?
 
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