Very nervous and worried. Any advice please

[ahmadj]

Hello all,

I became a permanent resident in febuary of 2004. I have been a resident since, have been living here and paying taxes.

However in 2005 when I was 17 years old I got arrested for shoplifting. And as stupid as I was I gave them a fake name. So I got booked and printed under that name. I hired an attorney and the charge was reduced to petty theft, i received community service and probation. Everything was completed and satisfactory, and as satisfactory. As soon as I turned 18 my conviction was dropped from my record.

In 2007 I was detained at a police station and when they ran my prints, in the state database, the fake name came up again, so the lady ran my prints in the national fbi database and my real name came up. Ever since my arrest in 2004 iI have never been in any legal trouble.

I am ready to apply to my citizenship but I am scared that this will become an issue.

I don't know what to do now.

Any advice would be nice.

Thanks

 

[Al Southner]

Why were you detained in 2007? Before I can opine, I need to know why you ended being at a police station again in 2007? I have never being to a police station under any circumstance, what does it feel like to enter one of those places?... Lastly, why didn't you correct the record with your lawyer in 2004? Y

 

[ahmadj]

Well my lawyer was aware that I had given false info to the arresting officers, but the issue is even though the case was expunged, I still have a record of arrest under the fake name.

I was detained at a police station in 2007 because a group of us were witness to a fight, and the officers were told that I was the one who had started the fight, but they releases me after they realized I had nothing to do with it.

 

[Al Southner]

Well my lawyer was aware that I had given false info to the arresting officers, but the issue is even though the case was expunged, I still have a record of arrest under the fake name.

I was detained at a police station in 2007 because a group of us were witness to a fight, and the officers were told that I was the one who had started the fight, but they releases me after they realized I had nothing to do with it.

What kind of a lawyer allows his client to mislead the justice system? This offense seem to be way part the statutory requirements, so I think you will be fine. The latest detention for inciting or starting a fight shouldn't be mentioned, because you have no proof from that police office that you were detained.

On a second thought, you might want to invest in a consultation with a competent immigration lawyer. Giving false name isn't a small matter, you could be in serious trouble with the law. The big problem is that your have two names, with the same finger prints, a big no..no...no...no....

 

[Jackolantern]

Giving a fake name when arrested is a felony in many states. The FBI fingerprint check will bring up the fake name, and you could be deported if it's a felony. See an experienced immigration lawyer (not a regular criminal lawyer) before filing the N-400.

 

[baikal3]

Giving a fake name when arrested is a felony in many states. The FBI fingerprint check will bring up the fake name, and you could be deported if it's a felony. See an experienced immigration lawyer (not a regular criminal lawyer) before filing the N-400.

As far as I know, only criminal convictions make one deportable, not having committed a particular crime. Presumably, by now the state authorities in question do know about the incident involving the OP's giving a false name in the 2005 and if they have not decided to prosecute him by now, he may well be OK on that score. It is somewhat doubtful that they would bother to prosecute him for that offense now, 5 years later. Still, it is certainly a good idea for the OP to consult both a criminal and an immigration lawyer and to find out what exactly the offense of giving false name to the arresting officer entails in the state where it happened - if it is a misdemeanor or a felony, what the maximum penalty is etc.

Also, one of the questions on N-400 asks if the applicant has ever committed any crimes for which he has not been arrested - presumably he would have to answer "yes" and explain the episode with the false name. He'd need to discuss in advance with an immigration lawyer what the possible consequences of that might be.