very worried about interview!

D

doorw12

New Member
Hello guys,
i was a silent member of the forum for a while now, but finally after doing a lot of research i decided to post my problem:
5 years ago i entered the US on a CR1 visa based on marriage done through consular processing. subsequently i had conditions removed and got the 10 years green card. now i would like to apply for citizenship but i;'m very worried about it.
the issue is on 1 of my previous visits to US i got arrested for shopliftind class a misdemeanor with a maximim punishment of 364 days. it qualifies under petty exception. however the case was dismissed , therefore no conviction( so petty exception it's not even an issue). the arrest record was expunged. i had an FBI fingerprint check done and it came back negative.
the problem is that i never admitted to the arrest question.
right now i know for a fact that i do not have any criminal record, but that is immaterial nowadays. i do not know what may happen at the N-400 interview if i admitt now. do you guys think it may trigger deportation based on false information at time of entry?
how likely is that USCIS will actually serve me with a NTA? ( deportation notice?)
i read somewhere that you only have to prove good moral character in the last 5 years. in the last 5 years i only had a seat belt ticket.
again i did a lot of research and i get conflicting information.
maybe you can help me.
 
If you said No to question about you being arrested in the past, you could have a problem. Even if expunged, it is best to reveal. I am fairly sure their FBI check will reveal an arrest. You should be fine as far as the crime & disposition itself. It is best for you to talk to an immigration attorney to be sure.
 
You surely need an Attorney

If you answered no to the question of ever being arrested, you may be able to get away with it if you can convince the officer that it was not your intention to lie but rather your interpretation was wrong. Hard sell though. Get a lawyer!!
 
Find a copy of the green card form and see if the questions are the same or similar. What you really want to be able to do is honestly say "sorry, I didn't answer yes at the time of my green card interveiw because I thought that was the correct answer -- I wan't trying to be deceptive or dishonest"
 
Flydog -- it seems from the string that the "incident" was after the greencard was acquired. Just FYI.
 
hi again,
i am aware of what it may happen, however acording to the law the misrepresentation has to be material. even if you are convicted of a petty offense , there is an exception, called petty offense exception. so even convicted, if you hide it , theoretically , is not MATERIAL, therefore it will not considered misreprsentation.
not to mention , if somebody , wasn't even convicted of it,for sure it will not be considered material, therefore misrepresentain.
this is my theory, IS IT CORRECT.?
if for somereason USCIS takes me to court(tryes to deport me) ,is their charge gonna stick in court?
please call me crazy if i'm too paranoic,ok?::)))
thanx.
 
You need to consult with an attroney. Did you find any proof of the arrest? Even though it is expunged there may be some sort of lingering proof. For instance, did you get a disposition form the court or arresting agency? I have an old arrest that does not appear on FBI records or state CJD but the local court has a record of it.

When is your interview?

Personally, I would gather all the proof that the incindent has in fact been expunged and "pretend" that I forgot to mention it on the application, I don't know if this may cause any delays. If through their own background checks USCIS discovers something that may cause even bigger problems.

Good Luck.
 
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