Applied for AOS with criminal record

[nashenakhteh 0]

I hope some one can help me out.

I am married to a US citizen and I applied for AOS . in th application we did a big mistake and we answered No to criminal back ground question instead YesI assure you It was completely unintentional .

I do have a shoplifting charge which happend 10 years ago in Canada . in the letter that I got from the court (regarding my charge) it explain the incident and in the second page says : charge , count1 . thef under c.c.345 . It does not shows anything else .I remember when it happend , I paid $150 as donation and they said I had been discharged , but none of this shows in the letter .

Can some body tell me , what the thef under c.c.345 means?

does anyone have a advice about how bad is my situation, are they going to deport me? what do I do if they do .

please some body helpppppppp

[trailmix 77]

Well i'm no expert on this, but I suppose at some point you are going to have to explain this to them. I don't think anyone can tell you whether or not they are going to 'deport' you. You are just going to have to tell the truth and see what happens. What I would strongly suggest is that you have, at least, a consultation with a good immigration attorney.

First of all, as you do have a criminal record, you are going to have to get the fingerprint version of the criminal check - this can be done through the RCMP - check out this page for more information:

http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

You are also going to need the court documents. For a description of exactly what you need, check here (just scroll down the page to where it says Police Records:

http://travel.state.gov/visa/frvi/reciproc..._3531.html#docs

So it says criminal code 345 - it would appear shoplifting is under section 334.

When a person is charged with Theft under $5000, he is charged under s.334(b) of the Criminal Code of Canada. This section says that if a person is found guilty of taking something worth less than $5000, he or she can be found guilty of either an indictable offence or a summary offence. The Crown Prosecutor will decide whether the charge of Theft under $5000 will be an indictable charge or a summary charge. Indictable offences are more serious. If a person is found guilty under s.334(b) of an indictable offence, then he could be sentenced to a prison term of up to two years. If a person charged under s.334(b) is found guilty of a summary offence, then he could be fined up to $2000 and could be sent to prison for 6 months or less.

http://www.slsedmonton.com/criminal/theft-fraud-posession/

[antda 13]

Hi Nashenakhteh,

First of all, you are going to have to explain (and bring the court paperwork) regarding your situation to the immigration officer when you go for your AOS interview, and why you mistakenly marked the form off incorrectly. I'm sure the officer will understand when you explain about this.

As for your specific charge, I think the American equivalent of that is a misdermeanor (or however it is spelt). This means it is not a serious crime, such as a felony type crimes that can be deportable.

Nevertheless, despite the severity of the crime, you still have to be honest and tell the truth about it and provide court records of such.

It is the not telling of the truth about this minor crime that can get you into trouble, not the minor crime itself that can get you into trouble....

By the way, this is what the USCIS officially says about court records (found on the instructions of the forms...)....

If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed, send:

An original official statement by the arresting agency or applicant court confirming that no charges were filed.

If you have ever been arrested or detained by any law enforcement officer for any reason, and charges were filed, send:v An original or court-certified copy of the complete arrest record and disposition for each incident (dismissal order, conviction record or acquittal order).

If you have ever been convicted or placed in an alternative sentencing program or rehabilitative program (such as a drug treatment or community service program), send:

1. An original or court-certified copy of the sentencing record for each incident; and

2. Evidence that you completed your sentence: An original or certified copy of your probation or parole record; or

Evidence that you completed an alternative sentencing program or rehabilitative program.

If you have ever had any arrest or conviction vacated, set aside, sealed, expunged or otherwise removed from your record, send:

An original or court-certified copy of the court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction, or an original statement from the court that no record exists of your arrest or conviction.

NOTE: If you have been arrested or convicted of a crime, you may send any countervailing evidence or evidence in your favor concerning the circumstances of your arrest and/or conviction that you would like USCIS to consider.

They are going to ask for original certified court documents at EVERY stage of the immigration game..(AOS, I-751, N-400...etc...), despite having them before...makes no sense...but oh well...that's how the USCIS works.....They want the details....lol....

And if you omit such details and documentation...You will end up in more trouble.....for lying to an immigration officer.....lol...and you case will be denied...Regardless of if the charge/conviction occured recently, or many years ago, or the outcome, or where the incident occurred...

And yes, they do check for such court records and even check to see if they are orginals. And make sure you get several certified copies too...

Hopes this helps. Good luck on your journey too.

Ant

I hope some one can help me out.

I am married to a US citizen and I applied for AOS . in th application we did a big mistake and we answered No to criminal back ground question instead YesI assure you It was completely unintentional .

I do have a shoplifting charge which happend 10 years ago in Canada . in the letter that I got from the court (regarding my charge) it explain the incident and in the second page says : charge , count1 . thef under c.c.345 . It does not shows anything else .I remember when it happend , I paid $150 as donation and they said I had been discharged , but none of this shows in the letter .

Can some body tell me , what the thef under c.c.345 means?

does anyone have a advice about how bad is my situation, are they going to deport me? what do I do if they do .

please some body helpppppppp

Edited March 10, 2010 by Ant+D+BabyA

[Pauley 2]

As for your specific charge, I think the American equivalent of that is a misdemeanor (or however it is spelt).

Fixed.

[trailmix 77]

Hi Nashenakhteh,

First of all, you are going to have to explain (and bring the court paperwork) regarding your situation to the immigration officer when you go for your AOS interview, and why you mistakenly marked the form off incorrectly. I'm sure the officer will understand when you explain about this.

Again, I would really recommend that you have a consultation with a qualified immigration attorney before proceeding.

Ant, I don't know that the OP can be reassured at this point the the officer will understand why they left out the criminal charge/arrest, whatever it was.

[antda 13]

Again, I would really recommend that you have a consultation with a qualified immigration attorney before proceeding.

Ant, I don't know that the OP can be reassured at this point the the officer will understand why they left out the criminal charge/arrest, whatever it was.

I agree with Trailmix...Get a qualified immigration attorney before proceeding..

Lol...What I meant to say to the OP..was that they can be reassured that they won't be deported...

And that if they explain their situation and bring the evidence to the immigration officer, hopefully they will understand..

It is up to the immigration officer as to if they understand or not.....

If it was just an honest mistake....maybe they will.. (lol..a lot of people make mistakes with those forms..understandable, right?)

Ant

[Allie 5]

You had better look into getting the code they have listed corrected. I think they have your shoplifting in the wrong coding. A 345 is listed as mail theft

Below is what a 345 is in the Canadian Criminal Code

www.efc.ca/pages/law/cc/cc.html

Part IX -- Sections 321-378 Robbery and Extortion

343. ROBBERY.

344. PUNISHMENT FOR ROBBERY.

345. STOPPING MAIL WITH INTENT.

346. EXTORTION / Punishment / Saving.

[nashenakhteh 0]

Well i'm no expert on this, but I suppose at some point you are going to have to explain this to them. I don't think anyone can tell you whether or not they are going to 'deport' you. You are just going to have to tell the truth and see what happens. What I would strongly suggest is that you have, at least, a consultation with a good immigration attorney.

First of all, as you do have a criminal record, you are going to have to get the fingerprint version of the criminal check - this can be done through the RCMP - check out this page for more information:

http://www.rcmp-grc.gc.ca/cr-cj/fing-empr2-eng.htm

You are also going to need the court documents. For a description of exactly what you need, check here (just scroll down the page to where it says Police Records:

http://travel.state.gov/visa/frvi/reciproc..._3531.html#docs

So it says criminal code 345 - it would appear shoplifting is under section 334.

When a person is charged with Theft under $5000, he is charged under s.334(b) of the Criminal Code of Canada. This section says that if a person is found guilty of taking something worth less than $5000, he or she can be found guilty of either an indictable offence or a summary offence. The Crown Prosecutor will decide whether the charge of Theft under $5000 will be an indictable charge or a summary charge. Indictable offences are more serious. If a person is found guilty under s.334(b) of an indictable offence, then he could be sentenced to a prison term of up to two years. If a person charged under s.334(b) is found guilty of a summary offence, then he could be fined up to $2000 and could be sent to prison for 6 months or less.

http://www.slsedmonton.com/criminal/theft-fraud-posession/

Sorry my mistake , the code is 334 ,

and the reason that we put No in application was very simple , we did this application through the lawyer so since I wasn't sure if I had been discharged or not we decided to put No in the meantime and when we met our lawyer ask her for the right answer but, the day that we did the application with lawyer we were so confuse and worry to prepare all the paper work and do the application correctly that , we totaly forgot about it and when we realized it , it was already too late and the application was send .

I got the paperwork from court and seems like they got somethings wrong in my paperwork . first of all they got my date of birth wrong , second , so far I rememberd they gave me a choice to pay $150 donation or do community service . I paid $150 to the court and they told me the case is discharged or dismissed or something like that , but in the letter it doesn't say none of that . it doesn't even marked guilty or not guilty.I ask them if they have anything else to send me and apparently that's all they have.

I hope this doesn't creat any problem .

can you please tell me what the code 334 means? am I in big trouble?

Please help

[DainandVicky 4]

I hope some one can help me out.

I am married to a US citizen and I applied for AOS . in th application we did a big mistake and we answered No to criminal back ground question instead YesI assure you It was completely unintentional .

I do have a shoplifting charge which happend 10 years ago in Canada . in the letter that I got from the court (regarding my charge) it explain the incident and in the second page says : charge , count1 . thef under c.c.345 . It does not shows anything else .I remember when it happend , I paid $150 as donation and they said I had been discharged , but none of this shows in the letter .

Can some body tell me , what the thef under c.c.345 means?

does anyone have a advice about how bad is my situation, are they going to deport me? what do I do if they do .

please some body helpppppppp

Please fill in your timeline.

If you came as a K1, your police records have already been given to the USCIS and the fact that the incident was in Canada has already been disclosed on said police record.

I believe, and some other person with more experience (and legal background) than me, that the I-485 is relating to crimes IN THE US that have happened SINCE you have been here... Am I wrong in this?

[nashenakhteh 0]

You had better look into getting the code they have listed corrected. I think they have your shoplifting in the wrong coding. A 345 is listed as mail theft

Below is what a 345 is in the Canadian Criminal Code

www.efc.ca/pages/law/cc/cc.html

Part IX -- Sections 321-378 Robbery and Extortion

343. ROBBERY.

344. PUNISHMENT FOR ROBBERY.

345. STOPPING MAIL WITH INTENT.

346. EXTORTION / Punishment / Saving.

Sorry my mistake , the code is 334 ,

and the reason that we put No in application was very simple , we did this application through the lawyer so since I wasn't sure if I had been discharged or not we decided to put No in the meantime and when we met our lawyer ask her for the right answer but, the day that we did the application with lawyer we were so confuse and worry to prepare all the paper work and do the application correctly that , we totaly forgot about it and when we realized it , it was already too late and the application was send .

I got the paperwork from court and seems like they got somethings wrong in my paperwork . first of all they got my date of birth wrong , second , so far I rememberd they gave me a choice to pay $150 donation or do community service . I paid $150 to the court and they told me the case is discharged or dismissed or something like that , but in the letter it doesn't say none of that . it doesn't even marked guilty or not guilty.I ask them if they have anything else to send me and apparently that's all they have.

I hope this doesn't creat any problem .

can you please tell me what the code 334 means? am I in big trouble?

Please help

[nashenakhteh 0]

the code is c.c. 334 does , what does that mean?

[nashenakhteh 0]

I came here as a visitor , I didn't know as a Canadian you have to get visa to enter USA . did I need to have a visa ??????? I just enter with my Canadian passport and then I got married and stay and applied for the AOS .

And I apologize for too many posts , I am new to this site and I still don't know how to use it correctly.

[minnew 4]

Please fill in your timeline.

I believe, and some other person with more experience (and legal background) than me, that the I-485 is relating to crimes IN THE US that have happened SINCE you have been here... Am I wrong in this?

The instructions in the 485 say if you have been arrested by ANY law enforcement officer. I am not sure if the OP came on K1 or tourist visa, but if it was K1 the criminal history would have to be disclosed for the interview. It is definitely not impossible to get approved at the consular or uscis level BUT one has to be honest about it. Even if the record has been "expunged" it is my understanding that USCIS wants to know about it. It's the same thing at the border if they ask you if you've ever been arrested or have criminal infractions... Even if it happened as a juvenile you are to disclose it.

[trailmix 77]

Please fill in your timeline.

If you came as a K1, your police records have already been given to the USCIS and the fact that the incident was in Canada has already been disclosed on said police record.

I believe, and some other person with more experience (and legal background) than me, that the I-485 is relating to crimes IN THE US that have happened SINCE you have been here... Am I wrong in this?

As minnew mentioned, it is very clearly stated on the I-485 that it is an arrest anywhere, not just in the U.S.

It is very easy to check, just google the form and have a look at page 3.

nashenakhteh - I posted the description of the 334 in my post above - and no, you didn't need a visa to travel to the U.S. to visit.

and the reason that we put No in application was very simple , we did this application through the lawyer so since I wasn't sure if I had been discharged or not we decided to put No in the meantime and when we met our lawyer ask her for the right answer but, the day that we did the application with lawyer we were so confuse and worry to prepare all the paper work and do the application correctly that , we totaly forgot about it and when we realized it , it was already too late and the application was send .

This doesn't really make any sense to me and you should certainly be on the phone with your lawyer - quite frankly I don't think it will make any sense to whomever reviews your application either. So the lawyer was aware of the arrest, you did the application with the lawyer and she didn't catch that when you were going through it?

Please let us know what you find out.

Edited March 11, 2010 by trailmix

[brocku00 1]

Just to let you know...if the Canadian immigration was looking at this offence, it would be considered a 'indictable' offence (or felony) only in the sense that it is considered a 'hybrid' offence. Hybrid means that this offence, if committed in Canada, could be a summary or indictable (as stated in the statue/law). So even if it was a 'summary' offence in reality...since it's hybrid, they would consider it to be an indictable offence. I''m not sure how American immigration works but that's how Canadian Immigration works. On the bright side...if one does have an indictable offence (and only one) they must wait 10 years before they are deemed 'rehabilated' and able to come into or emigrate to Canada.....so atleast your crime was 10 years ago!!