Problem with Application for Citizenship.

[AnnettefromDL 2]

Approximately 40 years ago I was arrested for shop lifting in VA. The charge was dismissed,it was a first time offense. I don’t have anything else on my record. I tried to get the court records for my case but was told that they were destroyed after twenty years. During my citizenship interview today,I answered with no when asked if I’d ever been arrested,since it was dismissed. Of course I know now that I should have answered with yes! Could you please advise me in how UCIS will proceed in my case,will I be prosecuted or even deported?
Thanks so much!

[Lil bear 4,263]

1 hour ago, AnnettefromDL said:

Approximately 40 years ago I was arrested for shop lifting in VA. The charge was dismissed,it was a first time offense. I don’t have anything else on my record. I tried to get the court records for my case but was told that they were destroyed after twenty years. During my citizenship interview today,I answered with no when asked if I’d ever been arrested,since it was dismissed. Of course I know now that I should have answered with yes! Could you please advise me in how UCIS will proceed in my case,will I be prosecuted or even deported?
Thanks so much!

What was the interviewers response to your “no”. How did the interview end ? Were you given any paperwork at the end ? told anything? 

[AnnettefromDL 2]

1 hour ago, Lil bear said:

What was the interviewers response to your “no”. How did the interview end ? Were you given any paperwork at the end ? told anything? 

I believe he corrected it in my application,from a no to a yes,after I explained myself but I’m not entirely sure.

It states on the paperwork that a decision could need be made yet but that I passed my civics test.

[Lil bear 4,263]

1 minute ago, AnnettefromDL said:

I believe he corrected it in my application,from a no to a yes,after I explained myself but I’m not entirely sure.

It states on the paperwork that a decision could need be made yet but that I passed my civics test.

It is unlikely to have any impact. Correcting it when asked and  volunteering the background information was the best thing you could have done. There is a difference between not really understanding and intentional misrepresentation .. You were the 1st not the 2nd. A review status is quite normal. Should be clear on a few days. Come back and update your post as it is useful info for others. 

[Family 4,075]

Best case scenario, supervisor approves.

 

Worst case is still a good outcome after they review . 

They will send you a request for evidence specific to the incident basically asking for court and arrest record. …unless you already had that court certification that stated “ records no longer exist”

 

You can preempt by :

1. Run your own FBI prints to show no other arrests

2. Request a Certified Copy of the Minute Order from court. They will send you a Letter as Custodian of Records that spells out such is not available.

‘Great call on explaining your misunderstanding of Q. You will be fine.

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

Edited October 23 by Family

[AnnettefromDL 2]

12 hours ago, Lil bear said:

It is unlikely to have any impact. Correcting it when asked and  volunteering the background information was the best thing you could have done. There is a difference between not really understanding and intentional misrepresentation .. You were the 1st not the 2nd. A review status is quite normal. Should be clear on a few days. Come back and update your post as it is useful info for others. 

Thank you!!

 

9 hours ago, Family said:

Best case scenario, supervisor approves.

 

Worst case is still a good outcome after they review . 

They will send you a request for evidence specific to the incident basically asking for court and arrest record. …unless you already had that court certification that stated “ records no longer exist”

 

You can preempt by :

1. Run your own FBI prints to show no other arrests

2. Request a Certified Copy of the Minute Order from court. They will send you a Letter as Custodian of Records that spells out such is not available.

‘Great call on explaining your misunderstanding of Q. You will be fine.

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

Thank you!!

 

[Bethie 104]

19 hours ago, AnnettefromDL said:

Approximately 40 years ago I was arrested for shop lifting in VA. The charge was dismissed,it was a first time offense. I don’t have anything else on my record. I tried to get the court records for my case but was told that they were destroyed after twenty years. During my citizenship interview today,I answered with no when asked if I’d ever been arrested,since it was dismissed. Of course I know now that I should have answered with yes! Could you please advise me in how UCIS will proceed in my case,will I be prosecuted or even deported?
Thanks so much!

Give it a day or two, I bet you see an updated of approved shortly.

Hang in there, your almost done with immigration.

 

[AnnettefromDL 2]

17 hours ago, Lil bear said:

It is unlikely to have any impact. Correcting it when asked and  volunteering the background information was the best thing you could have done. There is a difference between not really understanding and intentional misrepresentation .. You were the 1st not the 2nd. A review status is quite normal. Should be clear on a few days. Come back and update your post as it is useful info for others. 

 

1 hour ago, Bethie said:

Give it a day or two, I bet you see an updated of approved shortly.

Hang in there, your almost done with immigration.

 

Thank you!!

[AnnettefromDL 2]

Thanks so much for your help everyone!!

I received a notice today requesting more evidence.

Since the records were destroyed many years ago,I called the clerks office and they will send me a certified letter,stating that the records are no longer available,which is what UCIS needs in order to proceed.

I hope that they will be able to approve my application after receiving the certified letter!