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Help: Removal of conditions and court summons

Help: Removal of conditions and court summons

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Old Apr 30th 2006, 3:23 pm
  #1  
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Default Help: Removal of conditions and court summons

Hi all! I did something stupid yesterday. I have my removal of conditions packet ready to go in the Monday mail. Yesterday, Saturday, while I was in Sears I was pulled aside by their security since I didn't pay for an item (worth $24). The officer wrote me a ticket and I'm supposed to appear in a court in a month. I don't have any previous record, not even a traffic ticket. This was incredibly stupid and a huge mistake on my part. Even though I didn't realize I still had the item, I cannot argue that my intention wasn't stealing. The officer told me that I would probably have to do some community service, which I gladly will. But that's a different story.

How does this affect my removal of conditions? Should I redo my I-751 form and mark on the second page that I WAS charged, convicted and fined, and then attach additional letter explaining the situation?

Or should I just mail the packet on Monday (all the documents are dated March 28, and the incident happened on 29th).

I really don't want to lie to INS, so I guess I already know what the correct action is.... how is it going to affect their decision in granting me the 10 year GC?

I feel so stupid at the moment. I really hope this won't have an affect on my marriage.

Jarka
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Old Apr 30th 2006, 8:00 pm
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Default Re: Help: Removal of conditions and court summons

Um... no clue, kid. I hope someone can come in here and shed some light on this for you. Bumping your thread up. Even if your documents are signed with a date of teh 28th, they'd still be postmarked for the 1st...

I have the gut feeling this is going to turn into a complicated situation for you - but that's my gut, and "educated guess", but I'm not a lawyer nor am I experiencd with this sort of thing in particular. My only advice would be to find an immigration attorney, pronto.
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Old Apr 30th 2006, 8:43 pm
  #3  
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Default Re: Help: Removal of conditions and court summons

Originally Posted by GoodGirl_J
Hi all! I did something stupid yesterday. I have my removal of conditions packet ready to go in the Monday mail. Yesterday, Saturday, while I was in Sears I was pulled aside by their security since I didn't pay for an item (worth $24). The officer wrote me a ticket and I'm supposed to appear in a court in a month. I don't have any previous record, not even a traffic ticket. This was incredibly stupid and a huge mistake on my part. Even though I didn't realize I still had the item, I cannot argue that my intention wasn't stealing. The officer told me that I would probably have to do some community service, which I gladly will. But that's a different story.

How does this affect my removal of conditions? Should I redo my I-751 form and mark on the second page that I WAS charged, convicted and fined, and then attach additional letter explaining the situation?

Or should I just mail the packet on Monday (all the documents are dated March 28, and the incident happened on 29th).

I really don't want to lie to INS, so I guess I already know what the correct action is.... how is it going to affect their decision in granting me the 10 year GC?

I feel so stupid at the moment. I really hope this won't have an affect on my marriage.

Jarka
Redo the form and include the summons. It was not a felony at the amount of $24 so that should not be an issue. You might have a problem if you plan on naturalizing so keep all your paperwork on this handy.

As for your marriage, you are the only one that can know what your husband is going to say or do when he finds out.

Good Luck.
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Old Apr 30th 2006, 9:59 pm
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Default Re: Help: Removal of conditions and court summons

My husband does know. I told him immediately what happened. Form that perspective, I'm still happily married. I'm just worried about USCIS reaction.
Thanks for the answer. I'll redo the form.


Originally Posted by Rete
Redo the form and include the summons. It was not a felony at the amount of $24 so that should not be an issue. You might have a problem if you plan on naturalizing so keep all your paperwork on this handy.

As for your marriage, you are the only one that can know what your husband is going to say or do when he finds out.

Good Luck.
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Old Apr 30th 2006, 11:09 pm
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Default Re: Help: Removal of conditions and court summons

Originally Posted by GoodGirl_J
I'll redo the form.
Don't redo it more than it needs to be done. I mean, you haven't yet been convicted or fined - you've only been cited. Indicate only that you've been cited. You'll likely get called for an interview because of this, so make sure you get copies of all the court records. You'll need to disclose all this if/when you apply for naturalization don't don't throw anything away. Good luck.

Ian
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Old May 1st 2006, 12:10 am
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Default Re: Help: Removal of conditions and court summons

Originally Posted by ian-mstm
Don't redo it more than it needs to be done. I mean, you haven't yet been convicted or fined - you've only been cited. Indicate only that you've been cited. You'll likely get called for an interview because of this, so make sure you get copies of all the court records. You'll need to disclose all this if/when you apply for naturalization don't don't throw anything away. Good luck.

Ian
Thanks, Ian. I will mark Yes on I-751 question where they ask if I've been arrested, cited, etc.. and I will include a letter explaining the situation, plus a copy of the court summons per Rete's advice. I hope we can skip the interview, since we already went through one when we filed for AOS two years ago (we have an age gap with my hubby, so it was a flag for the USCIS). Wish me the best. I really can't believe that I did something that stupid...grrrr. A lesson to learn.
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Old May 1st 2006, 1:19 am
  #7  
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Default Re: Help: Removal of conditions and court summons

Originally Posted by GoodGirl_J
Hi all! I did something stupid yesterday....
If I were you, I'd run it by a consultation with an immigration lawyer BEFORE you submit any paperwork whatsoever to USCIS. Better safe than sorry, even if it does delay your filing a few days.
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Old May 1st 2006, 6:51 pm
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Default Re: Help: Removal of conditions and court summons

In article <[email protected]> ,
GoodGirl_J <member3709@british_expats.com> wrote:
    >> Don't redo it more than it needs to be done. I mean, you haven't yet
    >> been convicted or fined - you've only been cited. Indicate only that
    >> you've been cited. You'll likely get called for an interview because
    >> of this, so make sure you get copies of all the court records. You'll
    >> need to disclose all this if/when you apply for naturalization don't
    >> don't throw anything away. Good luck.
    >> Ian
    >Thanks, Ian. I will mark Yes on I-751 question where they ask if I've
    >been arrested, cited, etc.. and I will include a letter explaining the
    >situation, plus a copy of the court summons per Rete's advice. I hope we
    >can skip the interview, since we already went through one when we filed
    >for AOS two years ago (we have an age gap with my hubby, so it was a
    >flag for the USCIS).

Umm.. As far as I know, AOS interviews are NORMAL. Only a few get AOS
without an interview, I believe. So, that wasn't unusual. Having an
interview for the I-751 wouldn't be unusual either (although I'm HOPING to
not have one in a year or so..).


    >Wish me the best. I really can't believe that I did something that
    >stupid...grrrr. A lesson to learn.

Well, at least you're willing to own up to your mistake - that's worth
something!

Wishing you the best..

MH
 
Old May 2nd 2006, 1:20 am
  #9  
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Default Re: Help: Removal of conditions and court summons

First, if they pulled you aside IN Sears and the item was FROM Sears, how exactly did you alledgedly steal anything since you had not left the store??

Second, if you did in fact forget you had the item and it was not from Sears, why can't you argue that your intent was not to steal?? If that is the truth?? How would the security from Sears know anything about an item from another store? You would fight a traffic ticket if it was wrong, you can fight this too. Did you buy something else and just not pay for that item?

Just my 2 cents...
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