Arrest record and I-751

[Lolitochka 0]

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?

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.

[akdiver 3]

The circumstances and details of the arrest and subsequent events are largely irrelevant in terms of whether or not to reveal the info to the USCIS on any applications you send them. I know that wasn't your question, but I wanted to point it out. One of the questions on the I-751 is:

"Since becoming a conditional resident, have you ever been arrested, cited, charged, indicted, convicted,fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime for which you were not arrested?"

Your answer to that question must be "yes", regardless of whether or not the charges have been dismissed after proceedings. They want you to answer "yes" even if you got away with the shoplifting without getting caught.

Note that by answering yes, you will need to comply with their request, "If you answered "Yes" to any of the above, provide a detailed explanation on a separate sheet(s) of paper. Place your name and Alien Registration Number (A#) at the top of each sheet and give the number of the item that refers to your response."

Strongly advise not trying to hide ANYTHING. Getting busted for shoplifting is not likely to be seen as a big deal. Lying about it and submitting fraudulent paperwork is likely to be seen as a VERY big deal. Don't play games with them.

Also note that on the application for citizenship, which I assume you will apply for eventually, are questions in section D pertaining to Good Moral Character as they say. "For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record."

• Have you ever committed a crime or offense for which you were not arrested?
  
• Have you ever been arrested, cited or detained by any law enforcement officer
  (including USCIS or former INS and military officers) for any reason?
  
• Have you ever been charged with committing any crime or offense?
  
• Have you ever been convicted of a crime or offense?
  
• Have you ever been placed in an alternative sentencing or a rehabilitative program
  (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
  
• Have you ever received a suspended sentence, been placed on probation or been paroled?
  
• Have you ever been in jail or prison?
  

Based on your post, I think your answers are: YES, YES, YES, NO, YES, NO, YES

Last but not least, the citizenship application also has these questions:

• Have you ever given false or misleading information to any U.S. government official
  while applying for any immigration benefit or to prevent deportation, exclusion or removal?
  
• Have you ever lied to any U.S. government official to gain entry or admission into the
  United States?
  

You really do not want to have to answer "yes" to those questions, or answer "no" and get caught. Would be bad mojo in the worst way.

Given that the purpose of I-751 is more about verifying your marriage is "real" than concerning itself with your lack of respect for other people's property rights, it is unlikely your application will be denied because of this incident. However, if you hide anything or are not completely forthcoming, then it will likely be a different story.

In any event, I dunno it you will get an "automatic interview", but even if you do, I don't think it is anything to worry about as long as you can prove the validity of your marriage, which is what the interview is all about. Best advise for you is to get several copies (at least 3), certified and/or notarized from the court, indicating the actual charges and disposition of the case. You will likely need these for your applications and so forth. If i were you, I would include a certified copy of these things with the I-751 and the 400 when you apply. By giving them as much info up front as you can, I think you will reduce the odds of them deciding to interview you. In other words, give them as little reason to ask questions as possible. I would highly recommend providing certified/notarized copies rather than just regular ones. Also I would get this stuff ASAP while the paperwork is still fresh, before it gets lost or otherwise unattainable for some reason.

Good luck!

AKDiver

[sparkofcreation 0]

The circumstances and details of the arrest and subsequent events are largely irrelevant in terms of whether or not to reveal the info to the USCIS on any applications you send them. I know that wasn't your question, but I wanted to point it out. One of the questions on the I-751 is:

"Since becoming a conditional resident, have you ever been arrested, cited, charged, indicted, convicted,fined or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime for which you were not arrested?"

Your answer to that question must be "yes", regardless of whether or not the charges have been dismissed after proceedings. They want you to answer "yes" even if you got away with the shoplifting without getting caught.

Note that by answering yes, you will need to comply with their request, "If you answered "Yes" to any of the above, provide a detailed explanation on a separate sheet(s) of paper. Place your name and Alien Registration Number (A#) at the top of each sheet and give the number of the item that refers to your response."

Strongly advise not trying to hide ANYTHING. Getting busted for shoplifting is not likely to be seen as a big deal. Lying about it and submitting fraudulent paperwork is likely to be seen as a VERY big deal. Don't play games with them.

Also note that on the application for citizenship, which I assume you will apply for eventually, are questions in section D pertaining to Good Moral Character as they say. "For the purposes of this application, you must answer ''Yes'' to the following questions, if applicable, even if your records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer or attorney, told you that you no longer have a record."

• Have you ever committed a crime or offense for which you were not arrested?
  
• Have you ever been arrested, cited or detained by any law enforcement officer
  (including USCIS or former INS and military officers) for any reason?
  
• Have you ever been charged with committing any crime or offense?
  
• Have you ever been convicted of a crime or offense?
  
• Have you ever been placed in an alternative sentencing or a rehabilitative program
  (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
  
• Have you ever received a suspended sentence, been placed on probation or been paroled?
  
• Have you ever been in jail or prison?
  

Based on your post, I think your answers are: YES, YES, YES, NO, YES, NO, YES

Last but not least, the citizenship application also has these questions:

• Have you ever given false or misleading information to any U.S. government official
  while applying for any immigration benefit or to prevent deportation, exclusion or removal?
  
• Have you ever lied to any U.S. government official to gain entry or admission into the
  United States?
  

You really do not want to have to answer "yes" to those questions, or answer "no" and get caught. Would be bad mojo in the worst way.

Given that the purpose of I-751 is more about verifying your marriage is "real" than concerning itself with your lack of respect for other people's property rights, it is unlikely your application will be denied because of this incident. However, if you hide anything or are not completely forthcoming, then it will likely be a different story.

In any event, I dunno it you will get an "automatic interview", but even if you do, I don't think it is anything to worry about as long as you can prove the validity of your marriage, which is what the interview is all about. Best advise for you is to get several copies (at least 3), certified and/or notarized from the court, indicating the actual charges and disposition of the case. You will likely need these for your applications and so forth. If i were you, I would include a certified copy of these things with the I-751 and the 400 when you apply. By giving them as much info up front as you can, I think you will reduce the odds of them deciding to interview you. In other words, give them as little reason to ask questions as possible. I would highly recommend providing certified/notarized copies rather than just regular ones. Also I would get this stuff ASAP while the paperwork is still fresh, before it gets lost or otherwise unattainable for some reason.

Good luck!

AKDiver

IAWTC, except for one thing:

On the N-400, her answers are NO [unless she shoplifted some other time and wasn't caught], YES, YES, NO, YES, NO, YES.

[Aussielad 37]

i know you....your story came up on britishexpats

we'll tell you the same as you were told on expats.

submit the evidence of your court proceedings with the I-751...or just wait it out if you get an interview or something like that, take care

[blambloom 0]

Any updates on this? I know its been a while since this post was posted, but will appreciate sharing your experience.