Petty Theft Charged

[ROMEO880 9]

Hi All,

 

I am assisting someone with the N400 application and require some clarification on the criminal history section. Please no critical comments just honest help if anyone is aware of such case.

 

He arrived in this country on a fiancé visa and got married. Did paper work and got his two year GC. in 2015, he was charged with petty theft about and received a desk appearance ticket. He was offered an ACD which is basically 'case dismissed' without even trial or anything. The condition to get case dismissed is that he had to stay out of trouble for a month and his case will be dismissed automatically and after a month of court hearing that arrest, charge will never show up on his record what so ever. However, I am aware when it comes to n400 we have to disclose every charge so I need some help with answering questions on n-400 application. Just an FYI, his application (I-751) removing conditions from GC is in progress however he is eligible to apply for n400 at his third year residency. People who have been in this situation before, could you please provide your feedback to my answers below.

 

How should I go about answering questions on the application for him:

22. Have you ever committed, assisting in committing or attempted to commit, a crime or offense for which you were Not arrested? My answer is No, because he committed only one crime and he was arrested for that. It is not the case where he committed a crime and got away with it. So that why I am saying No for that question.

 

23. Have you ever been arrested, cited or detained by any law enforcement officer for any reason? My answer is Yes, he was arrested on petty theft

 

24. Have you ever been charged with committing, attempting to commit, or assist in committing a crime or offense?  My answer is 'yes' because he was committing a petty theft and was caught so he was charged.

 

25. Have you ever been convicted of a crime or offense? The answer is 'No' because went he went to the court the judge said case dismissed and he received ACD. As per my research ACD is not a conviction. It basically means, judge does not want to know what happened who's fault was that. it mean I am letting you go without even knowing the story because it is your first time

 

26. Have you ever placed in an alternative sentencing or rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? I am answering No, because judge never said he had any time of community service he has to do. like clean part or something else.

 

27. Have you ever received a suspended sentence, been placed on probation or been paroled? I am answering this as No 

 

28. Have you ever been in Jail or prison? I am answering that question as a 'No' He never went to Jail or this petty theft just took him to the police station where they made him sit at the bench until they issued him a desk appearance ticket

 

Also, when it comes to submitting online n400 application, I am planning to have him send disposition letter which basically is from court that shows that case was dismissed . Do we have to include anything else?

 

Apologies for a long post. Thanks in advance for all your help

 

Thanks

[Going through 5,671]

45 minutes ago, MB2017 said:

22. Have you ever committed, assisting in committing or attempted to commit, a crime or offense for which you were Not arrested? My answer is No, because he committed only one crime and he was arrested for that. It is not the case where he committed a crime and got away with it. So that why I am saying No for that question.

The question isn't in relation to what he HAS been charged for.  The question is related to crimes he's committed EVER in his entire life that he didn't  get "caught" for---for example, shoplifting previously from somewhere else and getting away with it.  Only your friend would know the answer to this question, not you.

 

45 minutes ago, MB2017 said:

23. Have you ever been arrested, cited or detained by any law enforcement officer for any reason? My answer is Yes, he was arrested on petty theft

Correct, the answer is YES.

 

45 minutes ago, MB2017 said:

24. Have you ever been charged with committing, attempting to commit, or assist in committing a crime or offense?  My answer is 'yes' because he was committing a petty theft and was caught so he was charged.

 

Correct, the answer is YES.

 

45 minutes ago, MB2017 said:

25. Have you ever been convicted of a crime or offense? The answer is 'No' because went he went to the court the judge said case dismissed and he received ACD. As per my research ACD is not a conviction. It basically means, judge does not want to know what happened who's fault was that. it mean I am letting you go without even knowing the story because it is your first time

The answer is YES.  In the eyes of immigration law, an ACD is still a type of conviction---it just prevented him from having to enter in a guilty plea, as part of his plea-bargain.

 

45 minutes ago, MB2017 said:

26. Have you ever placed in an alternative sentencing or rehabilitative program (for example, diversion, deferred prosecution, withheld adjudication, deferred adjudication)? I am answering No, because judge never said he had any time of community service he has to do. like clean part or something else.

The answer is YES.  He received one month's probation, as you mentioned earlier as a condition to his charge being dismissed.  If he also received a court-ordered fine, that is a form of  alternative sentencing as well.

 

45 minutes ago, MB2017 said:

27. Have you ever received a suspended sentence, been placed on probation or been paroled? I am answering this as No

The answer would be YES if, as you say, he was placed on probation by the judge.

 

45 minutes ago, MB2017 said:

28. Have you ever been in Jail or prison? I am answering that question as a 'No' He never went to Jail or this petty theft just took him to the police station where they made him sit at the bench until they issued him a desk appearance ticket

Correct, the answer is NO.

 

45 minutes ago, MB2017 said:

Also, when it comes to submitting online n400 application, I am planning to have him send disposition letter which basically is from court that shows that case was dismissed . Do we have to include anything else?

If he did complete any type of court-ordered probation period, or payment of fine, he would need proof of that as well.  Often, ACDs can end with the offender having to complete an anti-theft class.  If your friend was ordered by the court to attend this, take proof of that as well.

Edited June 28, 2018 by Going through

[Crazy Cat 41,887]

Good analysis, @Going through

[Going through 5,671]

1 minute ago, missileman said:

Good analysis, @Going through

Thanks...hopefully it helps the OP and his friend.