Need advice on form N400 for US citizenship with recent shoplifting charges dismissed

[Maandeep]

Hi, I was caught for shop lifting in Phoenix, AZ in July 2012. Store security called the cops, I paid the fine to the store and police officer did not arrest me but gave he a pink slip with charges mentioned on it. With the help of a lawyer we went to the court where the charges were dismissed after taking the diversion program. I completed the diversion program in Sep 2012 and after that I got a letter from Phoenix, AZ court stating that the charges are dismissed. Completed my 5 yrs on green card and want to seek your advice if I should apply for my US citizenship or not. If yes, then what are the chances of denial and what do I answer on questions in form N 400; questions 15, 16, 17, 18, 19, 20, 21. Looking forward to seek your advice/ suggestions.

Q 15) Have you ever committed a crime or offense for which you were not arrested? YES or NO

Q16) Have you ever been arrested, cited, or detained by any law enforcement officer(including USCIS or former INS and military officers) for any reasons? YES or NO

Q17) Have you ever been charged with committing any crime or offense? YEs or NO

Q18) Have you ever been convicted of a crime or offense? YES or NO

Q19) Have you ever been placed in an alternative sentencing or a rehabilitative program(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? YES or NO

Q20) Have you ever received a suspended sentence, been placed on probation, or been paroled? YES or NO

Q21) Have you ever been in jail or prison? YEs or NO

Appreciate your time & help in advance.

Maandeep.

[rayb]

The N-400 questions expect full disclosure, with documentation generated from the arrest, court action and disposition.

My advice is to not apply for Naturalization now, but wait a few more years. There is a timeframe, 5 or 10 years, for various types of offenses to be ignored, for approval purposes, but your probablem was a tad over a year ago, very close.

There are two negative consequences of applying for Naturalization when one has a law enforcement contact history:
1. Loss of submittal fee;
2. Deportation, for many types of felony convictions.

While I don't believe you need fear #2 above, gambling with $680 submittal fee with a possible denial on your immigration record is not something you need.

--Ray B

Hi, I was caught for shop lifting in Phoenix, AZ in July 2012. Store security called the cops, I paid the fine to the store and police officer did not arrest me but gave he a pink slip with charges mentioned on it. With the help of a lawyer we went to the court where the charges were dismissed after taking the diversion program. I completed the diversion program in Sep 2012 and after that I got a letter from Phoenix, AZ court stating that the charges are dismissed. Completed my 5 yrs on green card and want to seek your advice if I should apply for my US citizenship or not. If yes, then what are the chances of denial and what do I answer on questions in form N 400; questions 15, 16, 17, 18, 19, 20, 21. Looking forward to seek your advice/ suggestions.

Q 15) Have you ever committed a crime or offense for which you were not arrested? YES or NO

Q16) Have you ever been arrested, cited, or detained by any law enforcement officer(including USCIS or former INS and military officers) for any reasons? YES or NO

Q17) Have you ever been charged with committing any crime or offense? YEs or NO

Q18) Have you ever been convicted of a crime or offense? YES or NO

Q19) Have you ever been placed in an alternative sentencing or a rehabilitative program(for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? YES or NO

Q20) Have you ever received a suspended sentence, been placed on probation, or been paroled? YES or NO

Q21) Have you ever been in jail or prison? YEs or NO

Appreciate your time & help in advance.

Maandeep.

[Maandeep]

The N-400 questions expect full disclosure, with documentation generated from the arrest, court action and disposition.

My advice is to not apply for Naturalization now, but wait a few more years. There is a timeframe, 5 or 10 years, for various types of offenses to be ignored, for approval purposes, but your probablem was a tad over a year ago, very close.

There are two negative consequences of applying for Naturalization when one has a law enforcement contact history:
1. Loss of submittal fee;
2. Deportation, for many types of felony convictions.

While I don't believe you need fear #2 above, gambling with $680 submittal fee with a possible denial on your immigration record is not something you need.

--Ray B

Thanks Ray, appreciate your response. Since this event in my life I have changed 2 job and each time my back ground check was clear and the recent one was for a full time job with a financial client. Even if the charges were dismissed, I have to wait?

[rayb]

It depends on which database a "clear" record shows. I think if you apply now, and not answer the questions related to offenses, since it never reached the criminal record data that your employers have checked, you might be okay.

It's worth a try, but be prepared to respond if given a "Request for Evidence" by USCIS.

But if asked a direct quesby USCIS, either in the mail or in an interview, be completely honest.

-Ray B

Thanks Ray, appreciate your response. Since this event in my life I have changed 2 job and each time my back ground check was clear and the recent one was for a full time job with a financial client. Even if the charges were dismissed, I have to wait?