doorw12

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.

ian-mstm

Yup, that's a problem... it may well screw you over.


First the application... then the interview. You are obligated to disclose this on the application. If/when they call you for an interview, be prepared to explain what happened. Get a copy of your court record to take with you.


Might it? Yes. Will it? Probably not... but no one here can give you a definite answer.


Might they? Yes. Will they? Probably not... but no one here can give you a definite answer.

You should seek the advice of an experienced immigration attorney... you're about to play with fire, and getting your wallet a bit charred is better than getting yourself a bit burned.

Ian

Folinskyinla

Hi:

Talk to a good lawyer.

kkhanna

I'm kind of in the same baot as you. My fiance commited shoplifting over 10 years ago and is now applying for K-1 where she will admit to it. But on her last two visa entries she did'nt think she had to mark yes because she wasn't arrested.

Our Lwayer has set her straight now and we going the way of full honesty which i believe is always the right thing to do in all cases.

Lets try and help each other out if we can ok!

good luck to both you and me!

ian-mstm

He's not in the same situation at all. He has already successfully adjusted status and is now worried about naturalizing. If he does nothing, he can stay a PR for the rest of his days, live and work in the US, and no one is the wiser.

Your problem, on the other hand, might prevent your fiancee from ever entering the US. While the underlying offense may be similar, the outcomes may be incredibly different.

Ian

doorw12

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.

ian-mstm

You seem to be missing the point. You are obligated to disclose that you were arrested... whether you were convicted or not. The N-400 form specifically asks whether you were *ever* arrested. If you fail to disclose or if you lie about it, your application can be denied. If you fail to disclose and you become a US citizen, and then years later USCIS finds out that you lied on your application, they can strip you of citizenship.

But hey... it's your life, so if you want to try to get away with it, be my guest. But it will probably come back to bite you in the arse.

Ian

Folinskyinla

Hi:

I said you should talk to a lawyer. What you found is one of the reasons. There are also concepts that come into play.

Look, the conviction will proably come up given the improvement in the computerized records. You want to be prepared.

You are aware of the landmine in your case -- you want to avoid stepping on it. A good lawyer will help prevent that -- this is NOT the type of question that should be handled by DIY legal research.

Good luck.