bantik2005

Dear members,
I have a question and need your advise in my case please:
I have been arrested for shoplifting and spent a night in jail, then have been released, went to the public defender, pleaded not guilty.
judge ordered me to do 40 hrs of community work, pay $250 and to go to the pre-trial diversion program, he gave 4 months to complete all that, and after that he said that all charges would be dropped and case dismissed, I went to court after completing all and judge told me that I am "clean" and that the case was dismissed.
i completed all what i have been ordered, also i payed to the store and received release letter from them saying that they are releasing me from any claims.

I have been charged with:
a Misdemeanor, violation of section 1320(a)PC, conviction of which may result imprisonment in the county jail not exceeding six months, or by fine not exceeding One Thousand Dollars or by both.
i dont know if any of that makes any difference, that it was misdemeanor (petty theft) NOT a felony
So now my question:

I am conditional resident (married to US citizen),
about three months ago, me and my spouse filed joint I-751 to remove condition from my green card, we've got NOA and biometrics letter (i went there in August), and havent heard anything from CIS since.
Do you guys think that "arrest" means automatic interview for I-751?

Another question: When am I eligible to apply for naturalization? One lawyer told me that since I plead not guilty and the case was dismissed (and there was no conviction) that I would be eligible to apply for naturalization after 3 years (minus 90 days) from the date my green card was issued, is that true? is that possible? What papers do I need to prepare? I already got certified copies of all court minute dockets and sent along with our I-751.

I am so sorry for what has happened, and we just hope and pray to God that everything's gonna be ok with my papers, hopefully.


Thanks a lot in advance

PS: In CA you dont have to enter any plea in order to qualify for pre-trial diversion program.

ian-mstm

I'd be surprised if USCIS even knows about the arrest.


Yes, it's true... but not because your case was dismissed. It'd be true whether or not you had ever been arrested. Applying for naturalization 3 years less 90 days is allowed for all those who became PRs based on their marriage to a USC.

At any rate, you must disclose this arrest when you file for naturalization. Keep copies of all the court documents.

Ian

Dan725

This timeline is the same as mine, and I'm as clean a a whistle. I've heard nothing yet either, don't care either as I've got my letter that says card is extended for a year. Wouldn't worry about it, nothing you can do, is there, you'll either be interviewed or you won't, but your timeline is not indicative of a problem.

bantik2005

Thank you,
When we filed our I-751 there was a question if you have been arrested, so we checked YES to that question, and then we sent all certified copies of papers we've got from the court, including dismissal doc. So, USCIS knows about my arrest...
I was just wondering if anyone heard or experienced about cases like mine...
thanks

Capt. Tuttle

bantik2005 wrote:
    >>I'd be surprised if USCIS even knows about the arrest.
    >>Yes, it's true... but not because your case was dismissed. It'd be
    >>true whether or not you had ever been arrested. Applying for
    >>naturalization 3 years less 90 days is allowed for all those who
    >>became PRs based on their marriage to a USC.
    >>At any rate, you must disclose this arrest when you file for
    >>naturalization. Keep copies of all the court documents.
    >>Ian
    >
    >
    > Thank you,
    > When we filed our I-751 there was a question if you have been arrested,
    > so we checked YES to that question, and then we sent all certified
    > copies of papers we've got from the court, including dismissal doc. So,
    > USCIS knows about my arrest...
    > I was just wondering if anyone heard or experienced about cases like
    > mine...
    > thanks
    >

I know of a similar case with a J-1 visa. There was some delay and some
questioning, but in the end the visa was issued.

workboresme

I was arrested (in CA) for domestic violence 4 years ago. I had to take anger management classes and 3 months of therapy and the judge dismissed my case (btw, the ex boyfriend totally deserved the slap I gave him).
It hasn't been an issue at all in my case - as the case was dismissed, there is no proof of guilt. I would say you'll be ok and not to worry about it. (Unless one of the lawyers on here can prove different.)

bantik2005

Thanks for you response,
was it within or outside of the states?

bantik2005

thanks, workboresme,

what was your status back then? did you plea guilty or not?
gracias

workboresme

I tried to plead guilty (because I was) but the judge wouldn't let me. He knew I wasn't fully aware of the consequences if I had have done.
I never plead at all - the judge entered a plea of not guilty on my behalf.
I got lucky.

Don't beat your ex boyfriend up kids, it's not worth the worry! (but if you do, draw blood next time to make sure it's worth it!)

Capt. Tuttle

bantik2005 wrote:
    >>bantik2005 wrote:
    >>>>I'd be surprised if USCIS even knows about the arrest.
    >>>>Yes, it's true... but not because your case was dismissed. It'd be
    >>>>true whether or not you had ever been arrested. Applying for
    >>>>naturalization 3 years less 90 days is allowed for all those who
    >>>>became PRs based on their marriage to a USC.
    >>>>At any rate, you must disclose this arrest when you file for
    >>>>naturalization. Keep copies of all the court documents.
    >>>>Ian
    >>>Thank you,
    >>>When we filed our I-751 there was a question if you have been
    >>>arrested,
    >>>so we checked YES to that question, and then we sent all certified
    >>>copies of papers we've got from the court, including dismissal doc.
    >>>So,
    >>>USCIS knows about my arrest...
    >>>I was just wondering if anyone heard or experienced about cases like
    >>>mine...
    >>>thanks
    >>I know of a similar case with a J-1 visa. There was some delay and
    >>some
    >>questioning, but in the end the visa was issued.
    >
    >
    > Thanks for you response,
    > was it within or outside of the states?
    >

The delays were all outside the U.S.A. Once the visa was issued the
person had no problem at all upon entry or when taking a short trip home.

Rete

Do hope that you disclosed this information on all petitions that asked for criminal records and/or citations. Even though dismissed and as you so succinctly put it "as the case was dismissed, there is no proof of guilt" it still has to be disclosed. Non-disclosure could have repercussions that you won't want to have to deal with.

workboresme

It was disclosed to the USCIS officer. It's in my records also that I admitted I did it. We can fight it based on the dismissal, (according to my lawyer and another lawyer I'm in touch with) but it hasn't been an issue - if it was, it would have been on my I-601 as well as the leaving/coming back thing.

asking_silly_questions

good luck

ian-mstm

So far, despite your name, you haven't asked a single silly question, although you have responded to several posts in a most profound and thought provoking manner. I look forward to your next tidbit of drivel.

BTW, this post - to which you responded - is nearly a year old.

Ian

Rete

Believe they just wanted to use the PM function. Need three posts to do that.