US citizenship application with misdemeanor offense

Snglusa

New Member
I am 38 year old living in Maryland for last 14 years and just about 6 months back I had applied for us citizenship. In 2000 I was convicted of shoplifting offense, Here is what happened, I was arrested for shoplifting and taken for finger print after that I hired a lawyer and got community service, the charges were misdemeanor. After I finished the community service my records of arrest and everything else were expunged in 2001.After that I have traveled many times to my home country and never had problem to re-enter united states. After the Maryland state authority expunged all the records they had send me a letter to confirm that, Now when I was applying for the us citizenship I could not locate that letter, I tried to contact the Maryland state for any records they have of my arrest or conviction but they said after they have expunged the records they could not find any thing on my name, either at the police station or in the courts. for last 2 years I am working for a multinational bank and they had done my background check on state and county level and I was cleared. I have not done any mistakes after that incident in 2000 ( not even a traffic ticket )
My question.
How will this effect my us citizenship application or if I am going to get the citizenship at all.
 
You will need to get the letter from the Maryland State courts indicating that the conviction has been expunged from your records. The USCIS will eventually know you had been arrested and convicted in 2000 based on your fingerprint records received from the FBI. Expunction only prevents employers and other non governmental agencies from seeing your previous convictions. USCIS, FBI, US Army and State Police recruiters all have access to your expunged records.
That said, i think the fact that you were convicted may be a huge negative when trying to determine if they will grant you citizenship.
 
Shoplifting can be a deportable offense, depending on how and where it was committed. See a lawyer before applying.
 
Shoplifting can be a deportable offense, depending on how and where it was committed. See a lawyer before applying.

Sometimes, although this offense was outside of the 5yr CIMT window, so its probably going to be ok. A lawyerly consultation is definitely a good idea.
 
You have to find out under which penal code you were convicted. Then you have to find out if the maximum possible sentence for that crime exceeds one year or not. If it is a misdemeanor and the maximum possible sentence does not exceed 1 year then you should be okay since the incident happened in 2000. But as others suggested, you will be better off if you consult an attorney. Whatever you do, do not try to lie in your application and/or during your interview.
MGM
 
I recently finished and cleared the interview. I was arrested for shoplifting in 1999. But I was not convicted, I had to pay 100$ court fine and it got dismissed. When I went for the interview the IO was load saying "since it is not in the 5 years window he dont care and he did not convicted and the case is dismissed".

So I really dont know what would have been happened if I was convicted. I went with the lawyer, the IO asked whether I had involved in any other criminal cases, I said no. He said he had to get his supervisor's approval.

This was my experience. But I strongly recommend you to talk to the experienced lawyer and also get the police and court documents for the interview.
 
Sometimes, although this offense was outside of the 5yr CIMT window, so its probably going to be ok. A lawyerly consultation is definitely a good idea.

Outside of 5yr CIMT window... what if someone kills someone 10 years back and then applies for citizenship? Not against you... I was just thinking that coz i always hear that 5yr CIMTwindow...
 
SNGUSA read this from citizenshipfees

My appointment was at 9am today. I went around 8.45am, gone through the security in the front and I called my attorney. My attorney was waiting for me at E-160 room. Went inside the E-160 room and my attorney had submitted the interview letter. They have asked me to sit in front of window 15. I think 15 or 20 mins later I hear a woman calling my name. Me and my attorney try to follow the IO, she said that there is no need of attorney because it is just the english and govt test. She sounded so sweet. I think she is muslim and from middle eastern. She took me inside me inside. She was very frendly. She said that her husband is from India and they are planning to go to India this coming January. She asked me how was my test preparation and immediatly she said that you are smart you will do fine. She asked me 6 questions(i felt they are very simple) and asked to read a line and asked me to write "I am flying to New York tomorrow". She said the handwriting looks nice and said Congratulations you cleared the test and told me to go to E-170 room. I went out side and me and my attorney went to E-170 room and sat for some time. A gentle man called my name, and me any my attorney followed him. I first took the oath. I had applied 180 days before 5 years date. He was counting the days whether I have applied it correctly or not and he said i did good math. Then he asked me whether the names which I had given is all I have used in India and in USA. I said yes. He asked whether I want to change my name. I said no. Then he scanned the N-400 (i saw bar code on the front of N-400 page). He started going through the N-400 application line by line and started marking ticks with red pen.
I went to Canada but I have not mentioned that because I thought it is under 24 hours. IO asked me whether only trips I had made after I got PR. I said one before PR and one after PR. He asked me again with having eye contact "is this only two trips I had gone", I became little nervous and said "well, I had gone to Canada and i had not mentioned because I believe it is under 24 hours. He marked that in the pen and he said that's ok.
I had a shop lifting arrest and dismissed after paying 100$ court fine. He asked my attorney what had happened, he said that she was arrested for shop lifting and since there is no evidence they had dismissed me the case by paying $100, and my attorney said she can explain better. IO asked me whether I want to explain about what happen. I said the same exact thing that there was a communication gap and was arrested and had to be in jail for 4 hours and paid 100$ to court. IO said this happened in 1999, he was talking to himself saying it is not in the past five years. He asked me two times is there anything I had involved in criminal stuff. I said no. Then IO said I should get the approval from my Supervisor. He was going through the rest of N-400 application. He asked me to sign a paper and he explained that is nothing but there are little chnages which IO had made and that I accept. I put my signature. He took the approval stamp with him and said to me and my attorney that "hang on here I will just go and get my supervisor approval". He did not come for almost 20mins, he came and said that it was hard to find the supervisor. He had the stamp in his hand and he stamped approved on the N-400 paper. My attorney asked very friendly from when you are working here, he said that since 6 months and he was basically a lawyer from San Francisco, then my attorney asked how was the winter, he said he was in the training in California so he really dont know how it would be next year. I forgot whether he made me to sign anything, he said Congratulations and gave me paper saying that I had cleared the test and interview. He asked to go out and some one would coome and get the signatures on the photos and get the oath date. Me and my attorney went out and then a person called and got my signatures on the photo and gave me some paperwork in which it says that the oath is on Sep 17 in Fenway. My attorney said wow in Fenway, she said yes it is the first time they are doing that and 3000 people would be there. I said thank you to her and left the room.

That was my experience. It is long but hope it will help some one.


sorry boatbod that 5 yr window is something they look for... I did get the response for my post before this one.
 
Outside of 5yr CIMT window... what if someone kills someone 10 years back and then applies for citizenship? Not against you... I was just thinking that coz i always hear that 5yr CIMTwindow...
If the crime is a deportable offense, it doesn't matter how long ago it happened ... they can still deny your naturalization and deport you for it. It is the minor, non-deportable offenses where the 5-year window is relevant.
 
Outside of 5yr CIMT window... what if someone kills someone 10 years back and then applies for citizenship? Not against you... I was just thinking that coz i always hear that 5yr CIMTwindow...

Murder is a permanent bar to naturalization.
 
does any one know people with misdemeanour arrest where disposition was Pre trial Diversion/Pre prosecution probation and getting naturalized, when the arrest is within the 5 yr period. Though a lawyer said irrespective of the dismissal that serving probation is a conviction for immigration while another lawyer said i don't need to hire her cos I was never convicted. Please do share
 
Serving probation is a conviction for immigration purpose. You will need to wait for the 5 years from the date when your probation ended to be eligible for applying N400.
 
Citizentobehz,
appreciate your quick response, but doing extensive reading, i found this, please give an insight on the bolded word. Thanks
Even an admission to sufficient facts, with a dismissal, may be considered a conviction
for immigration purposes. 8 U.S.C. §1101(a)(48)(A); See also Matter of Roldan, Interim
Decision 3377 (BIA 1999). The key in that case is whether the judge ordered “some form
of punishment, penalty or restraint.” Probation, even pre-trial probation, qualifies as
“some form of restraint.” Therefore a dismissal upon payment of court-costs, with an
admission of guilt, arguably qualifies as a conviction for immigration purposes.
HOWEVER, as long as the defendant does not admit to sufficient facts, pre-trial
probation is a safe disposition and does not equal a “conviction.”
 
does any one know people with misdemeanour arrest where disposition was Pre trial Diversion/Pre prosecution probation and getting naturalized, when the arrest is within the 5 yr period. Though a lawyer said irrespective of the dismissal that serving probation is a conviction for immigration while another lawyer said i don't need to hire her cos I was never convicted. Please do share

What for, when and in which state were you charged and convicted? You should know that immigration laws go along the side of state laws especially when it comes to criminal matters. Did you already file N-400? What is your current immigration status??

Immigration issues with criminality was my speciality...
 
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HOWEVER, as long as the defendant does not admit to sufficient facts, pre-trial probation is a safe disposition and does not equal a “conviction.”

In other words, as long as you don't enter an admission of guilt, any type of pre-trial probation does not equal a conviction in USCIS eyes.
 
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Thanks to all for suggestions. the time line is below in my signature.

On 02/04/2007 I was charged with Cheating & Swindling for >$300 in a casino in Louisiana State punishable by max 6 mths imprisonment or fined $500 or both.
In the Diversion Program it clearly state that this is not an admission of guilt and program is voluntary and I can withdraw from it any time and proceed with trial if i change my mind. Upon completion charge will be dismissed/rejected

Offense code Rs14.§67.18. Cheating and swindling
 
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Did you appear in the court? Was the diversion program as a result of plea bargain with the DA office, or from a court? In some jurisdictions, diversion programs are offered by DA office... What happened after probation was over, a dismissal or a misdeamonor on your record?
 
It's not a deportable crime, but it's surely a crime of moral turpitude. And since all this happened within the last 5 yrs, a statutory period to determine applicant's eligibility on his/her moral character, then it's very much possible that your N-400 application could be denied...
 
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