Convictions - N400

[aidan80 9]

Reviewing my original I485 and the I751 (my then wife submitted). I found a bit of a contradiction. In the I485 we answered Yes to convictions as I was convicted as a minor for theft (basket ball net of all things) when I was 14 back in 1994. We attached a copy of the records from the courthouse back home. However we answered No to convictions in the I751. Now I'm looking at the N400 assuming I'm safe saying No to convictions? To be honest I've no idea why we answered No. I can only assume at the time we researched this and concluded the correct answer should be no.

[Boiler 45,516]

Why would you answer no, question is clear.

[aidan80 9]

Why would you answer no, question is clear.

If I knew I'd not be asking this question. My then wife filled out the application and at that point in time I can only assume we must have (for good reason) checked no. Why is a very good question but I don't remember why we did that. We filed that document back in 2008. However reading the N400 I'm inclined to check yes and attach a copy of the court documents that were attached to the I485. But, I don't want to be on record like some kind of flip flopping politician saying yes then no then yes. I don't want to do anything to risk my citizenship application.

[JimmyHou 611]

What you said on earlier forms can't be helped at this point.

You need to answer truthfully on your n400 regardless of what you said before; the. Leaving the conviction off the second form was an oversight. Leaving it off this time would be deliberate intent to mislead.

PS: I like your avatar of Father Jack.

Edited March 2, 2015 by JimmyHou

[Póg mo 1,749]

Reviewing my original I485 and the I751 (my then wife submitted). I found a bit of a contradiction. In the I485 we answered Yes to convictions as I was convicted as a minor for theft (basket ball net of all things) when I was 14 back in 1994. We attached a copy of the records from the courthouse back home. However we answered No to convictions in the I751. Now I'm looking at the N400 assuming I'm safe saying No to convictions? To be honest I've no idea why we answered No. I can only assume at the time we researched this and concluded the correct answer should be no.

It would depend on what is on your criminal background check. If the conviction was not listed on it, then you could could have gotten away with saying no on all three application forms. However as you have already admitted to being to convicted of crime, your best bet is to just list the conviction to avoid any possible delays.

Edited March 2, 2015 by InKorea

[JimmyHou 611]

It would depend on what is on your criminal background check. If the conviction was not listed on it, then you could could have gotten away with saying no on all three application forms. However as you have already admitted to being to convicted of crime, your best bet is to just list the conviction to avoid any possible delays.

Providing false information on an immigration form is a bad idea.

It's still perjury even if you can get away with it.

[Hypnos 6,576]

Bonus points for the picture of Father Jack.

[ExPatty 502]

It also sounds like a pretty minor conviction, particularly given the age and the fact it happened 20 years ago. Nobody is getting denied citizenship because they stole a basketball net in the 90's when they were 14.

It's possible this isn't on your record in a way that can be found easily, so USCIS wouldn't find out. It's also possible that they already knew you were convicted, but were willing for the green card to overlook it because you already reported having been arrested anyway, and not mentioning the conviction they thought was an oversight on your behalf and didn't much care, since it was a green card and not citizenship.

You can either file honestly and it's unlikely to have a meaningful impact on your application, or you can file dishonestly and spend the next three months wondering how the interview is going to go and, if after you sign the N-400 saying you had no convictions, the interviewer, already having known you were convicted, is going to realize he's just caught you in a lie. And if that happens it's much bigger than having been convicted of something minor 20 years ago.

This way when you get citizenship it's free and clear. A naturalized citizen can have their citizenship taken away if they were subsequently found to have lied about something. That's unusual, but why even worry about it?

Edited March 2, 2015 by ExPatty

[aidan80 9]

It was a minor conviction and something stupid that happened when I was a teen. Something that's been presented at my K1 interview and my AOS but not my removal of conditions. It will be submitted with my N400. I don't expect it'll cause any issues and if the question is raised in the interview as to why I answered yes then no then yes all I can do is be honest and tell them I've no idea why we did that at that point in time.

Thanks for the responses.

Bonus points for the picture of Father Jack.

Thanks LOL!