There is a mistake on the filed AOS forms

[Yukon23 0]

I just realized that we made a mistake on our AOS forms, which we already sent out. This is the situation: On the AOS forms, I checked that no on the question of whether I was ever arrested. I submitted a clean record from my country which shows I have no criminal record. However, I just remembered that I was arrested once when I was 20 for theft (I am 30 now) and I want to know what I can do about this mistake. The issue is that the uscis has already received the forms and emailed me that they are processing the forms. So what can I do at this point?

[Hypnos 6,577]

What was the outcome of that arrest? Were you charged with a crime? What country were you arrested in?

[Yukon23 0]

It was in France, for theft, the outcome was 2 weeks of community service, it was 10 years ago, at this time nothing has been wrote on my criminal records and when i sent the i485 form i attached a copy of my empty criminal records. I just totally forgot this event. I can't really sleep since i remembered this and i have a lawyer who think things are going to be fine. I also found this on the uscis website so its not considerate as a cimt :

An

applicant

who has been convicted of a

CIMT

is inadmissible, and therefore ineligible

for permanent

resident

status. But,

an

alien

with

one

CIMT is not inadmissible

if he or she

meets

the

petty offense

exception. See 8

U.S.C.

$

1182(a)(2)(A)(ii).

A CIMT will meet

the

petty offense exception if

"'the

maximum penalty possible for

the

crime

of

which

the

alien was convicted

.

.

.

did

not

exceed

imprisonment for one year and

. .

.

the

alien was

not

sentenced

to

a

term

of

imprisonment in excess

of

6

months."'

Lafarga

v.

INS,

170

F.3d

1213, 1214-15 (9th Cir. 1999) (quoting 8 U.S.C.

$

11

82(a)(2)(A)(ii)(II));

see

also

Garcia-Lopez

v.

Ashcroft,

334

F.3d

840, 843-46 (9th Cir. 2003).

For

the

purpose

of

the petty

offense

exception,

"'the

maximum penalty possible'

.

.

.

refers to the statutory

maximum sentence, not

the

guideline sentence

to

which the alien

is

exposed."

Mendez-Mendez

v.

Mukasey,

525

F.3d

828,

835 (9th Cir. 2008) (offense of bribery

of

a public official did

not

qualify for

petty offense exception

where

statutory maximum for offense was 15 years).'

[Harpa Timsah 13,258]

You will need to disclose it or you can be banned for misrepresentation. If you get a RFE, send in a new form, or bring it up at the interview. Your lawyer will probably tell you to lie, which can end badly, as I stated.

[Hypnos 6,577]

You will need to obtain a certified copy from the appropriate judicial body in France giving the final disposition of the case. As you say, you seem to qualify for the "petty offence" exception.

[Frannyglass 10]

How would uscis even find out about it if the criminal record is clean? I don't think it matters at all nor should it be disclosed or mentioned.

Edited October 27, 2013 by Frannyglass

[Hypnos 6,577]

How would uscis even find out about it if the criminal record is clean? I don't think it matters at all nor should it be disclosed or mentioned.

You are required to disclose your criminal record on the I-485; you also testify that the I-485 you submit is accurate. You are giving terrible (and illegal) advice if you are telling people to commit material misrepresentation by lying about their criminal record.

Edited October 27, 2013 by Hypnos

[Frannyglass 10]

But his criminal record is clean!

[Hypnos 6,577]

No it isn't; he has an arrest for theft for which he received community service.

[Yukon23 0]

No it isn't; he has an arrest for theft for which he received community service.

No nothing has been reported on my criminal record, it's empty, i already gave them a copy in my aos package, my criminal record has not been cleared because at this time they never wrote reported anything of this case on it. So now i think i will ask in France for a copy of this case and show it at the interview, what do you think ? i can wait until the interview or i have to send a letter or something before ?

Thanks

[Hypnos 6,577]

Let me put it another way: an arrest and community service as a result does not equal a clean criminal record.

I would obtain the documents now and then present them at the interview, saying that your lack of inclusion of them originally was an oversight.

[Yukon23 0]

Let me put it another way: an arrest and community service as a result does not equal a clean criminal record.

I would obtain the documents now and then present them at the interview, saying that your lack of inclusion of them originally was an oversight.

Ok i understand, i remember they took my fingerprints so that's why i was so worry when i remembered that, so do you think at the interview i need to wait for the interviewer to talk about that or i have to disclose this in first ? if they don't ask about this at the interview i really need to disclose it ? Do you think it could be a problem during the biometric ? i was thinking to go to the sherrif station, have my fingerprint card and send this to the fbi for 18 dollars and see if it pop up

[Hypnos 6,577]

You must disclose it; to do otherwise would constitute misrepresentation. If it's a conviction from another country then it's not going to show on the FBI check.

Edited October 27, 2013 by Hypnos

[Yukon23 0]

You must disclose it; to do otherwise would constitute misrepresentation. If it's a conviction from another country then it's not going to show on the FBI check.

Ok so i will ask for a copy of this case in France and show this at the interview

[Yukon23 0]

Some news about my case, i called my country and they can't send me anything, they said that they can see my case, it appear on a file who is only visible for judge or justice administration but my criminal record is empty so they told i have nothing to say about that. So i'm a little about lost about that now. What do you think about that ? Thank you