Oath ceremony- Misdemeanor (retail theft) (merged)

[Kissiedemon 0]

The cop issued me a yellow ticket, its summon for Misdemeanor (retail theft), and I have a court appeal this May 18, 2016, but unfortunately I can't go, and I am not in the state of Florida, and my husband doesn't know about this. Is theres a possible way to reschedule this court date til will get back? This is my 1st time, and never have any records since then. When I contacted the County Clerk court, they said they cannot find my name on the record, how that things happen? Also I just had my interview done for Naturalization, is it possible for me to have the Oath ceremony schedule? And can i still travel international?

[almost_umrican 54]

Answers to all your questions are YES

1) you can request the change of court hearing date.

2)check the local district court website (if going for a judicial ceremony), they always have list updated.

3)assuming you still have a valid GC, and a PP from your native country, you can travel internationally and come back to the US

[Kissiedemon 0]

I keep emailing the County Clerk Court, and kept telling me I don't have a record, and they said only the judge can reschedule it, but they don't know who woll be the judge assign in my court appeal since I don't have any record. Is this will affect me of not getting the Oath Takinh Ceremony for my final stage of my n400 application?

[ryna 132]

I keep emailing the County Clerk Court, and kept telling me I don't have a record, and they said only the judge can reschedule it, but they don't know who woll be the judge assign in my court appeal since I don't have any record. Is this will affect me of not getting the Oath Takinh Ceremony for my final stage of my n400 application?

When did it happen? Maybe you're not on the docket yet? In any event, as the Clerk's office said, you cannot simply re-schedule it. You (or your lawyer, which you should have) need to file a motion for continuance if you will be unable to attend the court hearing. The judge is not under any obligation to change the date and, if s/he doesn't, missing court can lead to a warrant being issued for your arrest. The oath ceremony would then be the least of your worries. Take care of this first!

[Kissiedemon 0]

Hi Ryna, Thank you for ur comment. I already hire a lawyer and she already filed a notice of appearance and waiver of arraignment. and as far as my oath ceremony schedule I received the schedule already. Now I dunno what to do. When I asked my lawyer about this, she said, I have never been convicted, nor arrested, fined, or imprisoned, to the date the court has not filed any charges. So she said I am good to go to attend the swearing in. Is this right?

[JimmyHou 611]

Correct me if I'm wrong, but I think that the question on the oath letter also asks if you wee cited (in addition to the words you listed). I don't know if what the officer gave you is or is not a citation, but ask your lawyer.

It sounds like a citation to me, which would mean that you were cited... because a traffic citation is also just a notice to appear... So is a citation for loitering or other minor offenses. But your lawyer should know this... in just guessing.

Good luck to you.

Edited May 14, 2016 by JimmyHou

[johnnyenglish 2]

Hi Ryna, Thank you for ur comment. I already hire a lawyer and she already filed a notice of appearance and waiver of arraignment. and as far as my oath ceremony schedule I received the schedule already. Now I dunno what to do. When I asked my lawyer about this, she said, I have never been convicted, nor arrested, fined, or imprisoned, to the date the court has not filed any charges. So she said I am good to go to attend the swearing in. Is this right?

Correct me if I'm wrong, but I think that the question on the oath letter also asks if you wee cited (in addition to the words you listed). I don't know if what the officer gave you is or is not a citation, but ask your lawyer.

It sounds like a citation to me, which would mean that you were cited... because a traffic citation is also just a notice to appear... So is a citation for loitering or other minor offenses. But your lawyer should know this... in just guessing.

Good luck to you.

citation or not, she was "CHARGED" for retail theft. It's not on the court docket yet which doesn't matter, the officer may not have submitted his paperwork yet. She would have to answer YES on the oath letter which in turn will result in a denial of her naturalization application. Wait for 5 years and apply again.

[TBoneTX 45,840]

Consult your lawyer.

[JimmyHou 611]

Perhaps also get a second opinion from a second immigration lawyer.

[JimmyHou 611]

Here is why I think you need a second opinion:

-For misdemeanors, almost all states (all but 2 I think) allow something called "citation in lieu of arrest". This means that you are issued an order to appear in court instead of being arrested on the spot. This seems like a serious issue to me, although I can offer you any expert advise.

-I don't know if this means you were charged or not, your lawyer says it doesn't, another VJ user above says it does (which seems plausible to me). I would talk to another lawyer for confirmation.

-If you are denied and have to reapply, as part of your interviewer will make sure that you meet the Good Moral Charachter requirement. Although the rules state that this is reviewed for a statute period of 3 or 5 years, some applicants have been denied for infractions older than that and some have been approved with infractions (even some similar to yours) within that time period. There are several posts on VJ about such cases but you'll have to do some digging.

-Disclosing this will almost certainly lead to the ceremony being delayed. You'll be given some time to address this... If the court doesn't rule in that time, your application will be denied. If you are convicted you will almost certainly be denied. If you are cleared of the charges or if they are dropped within the USCIS RFE time period, you may be approved, after you send in the required documents and perhaps after a second interview.

-The consequence of lying on the oath letter is denaturalization. This is a rare occurrence, but can happen if USCIS finds out that you lied at any stage in the process. They don't use the term "lying" they use the term "providing false information" so whether or not it was intentional, false information can have serious consequences. If you are denied at this point, you will continue to be a green card holder. However, if you become a citizen and are de naturalized, then you can lose you green card. Again, denaturalization is quite rare.

I can only speak for myself, but I would disclose this and face the consequences. But I don't want to advise you to do this until you've got a second professional opinion. I wouldn't rely on one legal opinion or on this forum for this. This issue is well worth the one-time consultation fee of good immigration attorney.

Edited May 15, 2016 by JimmyHou

[johnnyenglish 2]

agree with Jimmy...seek out an opinion of another immigration attorney with experience in criminal matters. Your current attorney is clueless from what you're saying.

[Kissiedemon 0]

I caught shoplifting in Kohl's in May 2, and the LP called a cop. The cop took my drivers license # and run the check on their computer. They tried fingerprinted me but seems it did not work, so they run my drivers license # instead. The cop issued me a summons to appeal in court on May 18, but my lawyer already Waived the appeal before the judge. The next court will be on June, for plea negotiations. It is 812.015 retail theft, this is the first time and I have no prior record... Now I received a mail from the Kohl's its a restitution civil for $200, my lawyer told me to pay for it. What will happen next? What are the possible charges that the Judge will give me? Court fines, diversion, community service?? I trust my lawyer, but it just the facts that I still wanna know what are the possible things that will happen to me? And also I just sent my application for US Passport, will they still going to issue me one? And can i still travel outside US? Please help me. I really appreciate it.

[Merrytooth 5,748]

http://www.visajourney.com/forums/topic/594931-oath-ceremony/#entry8128080

You already have your answers to your questions in the above thread.

Edited May 25, 2016 by Merrytooth

[Harpa Timsah 13,258]

Since you lied on your N400 application, they can revoke your citizenship at any time. You were just biding your time until citizenship so you could steal, and you couldn't just wait, hmm?

[dandk 72]

Since you lied on your N400 application, they can revoke your citizenship at any time. You were just biding your time until citizenship so you could steal, and you couldn't just wait, hmm?

There is a recent case whereas a Fed Judge revoke citizenship for not disclosing arrest/conviction during the process.

https://www.justice.gov/usao-wdnc/pr/federal-judge-revokes-us-citizenship-man-charged-concealing-his-criminal-history