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aidan80

Convictions - N400

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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.


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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Why would you answer no, question is clear.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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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 by JimmyHou

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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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 by InKorea

Oct 19, 2010 I-130 application submitted to US Embassy Seoul, South Korea

Oct 22, 2010 I-130 application approved

Oct 22, 2010 packet 3 received via email

Nov 15, 2010 DS-230 part 1 faxed to US Embassy Seoul

Nov 15, 2010 Appointment for visa interview made on-line

Nov 16, 2010 Confirmation of appointment received via email

Dec 13, 2010 Interview date

Dec 15, 2010 CR-1 received via courier

Mar 29, 2011 POE Detroit Michigan

Feb 15, 2012 Change of address via telephone

Jan 10, 2013 I-751 packet mailed to Vermont Service CenterJan 15, 2013 NOA1

Jan 31, 2013 Biometrics appointment letter received

Feb 20, 2013 Biometric appointment date

June 14, 2013 RFE

June 24, 2013 Responded to RFE

July 24, 2013 Removal of conditions approved

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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.


For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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Bonus points for the picture of Father Jack.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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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 by ExPatty

Good luck!

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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!


Filed N400 11/7/16

Check (CC) Cashed 11/10/16

Text/Email NOA 11/16/16

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