Fare Evasion in NYC

[JimmyHou 610]

Did the charges actually state that you were being charged with felony theft of service? This would probably have been a large fine. If so, then you are right that you may have to wait 5 years before applying. It's an unusually harsh charge and you would normally have been charged with a misdemeanor like interfering with public transportation or something like that. An attire y should have easily been a been able to have the charges lowered. It's unfortunate that you didn't fight the charge, which, if it is what you say it is, seems absurdly harsh. I understand that it falls under a certain statute, but make sure that it actually says theft of service in the charges and check to see if you were charged with a felony or a misdemeanor.

In either case the chances of being deported for this are negligible. If USCIS put you in removal proceedings an immigration judge would dismiss the case in a second.

Again, I'm not a lawyer. If you're really worried about deportation, hire one. If you're just being paranoid, then go to your interview. There's no point in withdrawing the application; I'd rather get a denial notice with an explanation than not know if I should apply again in a year or two or not.

Edited May 28, 2015 by JimmyHou

[JimmyHou 610]

Sorry, I can't edit the post above, but I meant to ask if you were charged with a felony or a misdemeanor and I meant to say that an attorney could have had the charges lowered. Sorry for the typo.

[templeton 120]

Not to pick on the OP at all - that something like this could cause the whole thing to possibly derail is a little ridiculous - just a generalization based on his circumstances. But it does serve as a good cautionary tale to anyone working their way through the immigration system. Even the most seemingly trivial offense can lead to huge consequences down the road, so use good judgment. Don't let a bad decision, even one that seems insignificant in the moment, come back to haunt you.

Even if everything ends up okay (and I hope it does), I'm sure the OP would agree that any gain he thought he would achieve by jumping the turnstile all those years back was not worth it in the long run.

Edited May 28, 2015 by templeton

[southcoast 27]

I think you are right to be concerned. Were these criminal matters or civil infractions. If you essentially pled guilty to 2 theft crimes arising from 2 different transactions, then you could be deportable. Further, if you don't have the requisite time in the US, then you could be without relief outside of a new adjustment. Id talk to a lawyer and have him review the records and the statute under which you were convicted.

[bhoywonder10 0]

Hi Jimmy,

As far as I know they were both civil infractions with $100 fine each time - it was a misdemeanor and the fines were paid. It didn't go on any official record or anything.

[southcoast 27]

If the infractions were civil in nature then you have nothing to worry about. if they were misdemeanors, then this suggests that they were criminal in nature. You need to sort this out. Did you have to go to court or enter a plea?

[JimmyHou 610]

Hi Jimmy,

As far as I know they were both civil infractions with $100 fine each time - it was a misdemeanor and the fines were paid. It didn't go on any official record or anything.

As I said before, I don't think this is a big deal. Go to the interview with evidence that you settled these incidents. Get the court disposition for each case. Others have disagreed with me on here. Go to the interview and find out. There's nothing else you can do.

[Monty007 1]

I made the same mistake just a day ago,i will apply for citizenship next year. I googled it and find this thread. I just what happened to bhoywonder10?!
Have you mentioned on your N400 that u get ticket for MTA fare evasion??

[bsp 32]

This thread is nearly 3 years old and the OP hasn't visited the site since June 2015 so I don't think you're going to get an answer from him

[mhis82 11]

6 hours ago, Monty007 said:

I made the same mistake just a day ago,i will apply for citizenship next year. I googled it and find this thread. I just what happened to bhoywonder10?!
Have you mentioned on your N400 that u get ticket for MTA fare evasion??

Do not google things, first of all you have to find out if you were charged with actually what crime?

Felony, Misdemeanor, or violation? Get a lawyer right away who is very experienced with this immigration laws and criminal defense.You might spend 100$ or 200$, and you will have peace of mind. 

Take your tickets or citation with you.

Wish you all the best.