My Incident about "Good Moral Character" for n400

[piko 0]

30 minutes ago, Going through said:

Because it's possible during your interview the IO may request to see documentation about the incident.  Keep in mind, though, during your background check the detainment may be uncovered anyhow since the UK and US share immigration/customs/criminal information, so it may not even be asked for during the interview.  Really, if the circumstances surrounding your detainment is true as mentioned above, you have no worries---good luck with your filing!

Yes what I explained about my detainment is true, and I know for a fact that this incident is not on my background check because I worked with UBER which runs an in depth advanced background check on all drivers, and I had a copy of UBER's background check few months ago that they ran on me, and it's "clear"  which means this incident is not on my background report (actually nothing on my background report whatsoever). but I really thank you very much for your time to reply to me. these headsups make me sleep tonight  

Edited September 4, 2017 by piko

[NYCruiser 423]

2 hours ago, piko said:

Thank you very much for the headsup!!! your comment really made me breeth  the reason why the "incorrect documentation check by UK airline" was actually the UK border officer which the UK airline here in the US called UK heathrow to confirm it, and UK officer said on the phone: "yes he can legally come, I clear the way for him", but then once in UK and the officer asked me what's the officer name? she was asstonished when I told her his name! she was like:" hey guys, it's actually true, he even knows his name!" she confirmed with him and he indeed said it. ONLY then she gave me option to apply on the spot for a transit visa and after several hours got rejected. she said I can't spend the night inside the airport, it's better to go to that kind of center/jail for detainees.

 

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

2 hours ago, piko said:

Thank you very much for the headsup!!! your comment really made me breeth  the reason why the "incorrect documentation check by UK airline" was actually the UK border officer which the UK airline here in the US called UK heathrow to confirm it, and UK officer said on the phone: "yes he can legally come, I clear the way for him", but then once in UK and the officer asked me what's the officer name? she was asstonished when I told her his name! she was like:" hey guys, it's actually true, he even knows his name!" she confirmed with him and he indeed said it. ONLY then she gave me option to apply on the spot for a transit visa and after several hours got rejected. she said I can't spend the night inside the airport, it's better to go to that kind of center/jail for detainees.

 

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

[piko 0]

19 minutes ago, NYCruiser said:

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

Did your friend's shoplifting incident happened here in the US or in UK? I see he got fingerprinted. 

I assume his incident happened here in the US. For me, they had me do fingerprints in UK airport to actually be able to apply for that transit visa.

but eitherway I'm applying for FOIA with UK immigration office online, which will have all my records in UK, meaning will have this detainment incident with details and hopefully they didn't put some weird comments or stuff in my UK FOIA file (I don't think so). I apply online for this file and pay small fee and they send me the copy to my home address here in US in 2 months. I hope this file will be enough to bring with me to the n400 interview

Edited September 4, 2017 by piko

[NYCruiser 423]

3 minutes ago, piko said:

Did your friend's shoplifting incident happened here in the US or in UK? I see he got fingerprinted which I assume his incident happened here in the US, but my fingerprint happened in UK airport to actually be able to apply for that transit visa.

but eitherway I'm applying for FOIA with UK immigration office which will have all my records in UK, meaning will have this detainment incident with details. I apply online for this file and pay small fee and they send me the copy to my home address here in US in 2 months. I hope this file will be enough to bring with me to the n400 interview

Yes it happened in the US. Not sure where...good idea. Give USCIS more than they ask for and tick Yes to the section where it says have you been arrested. Let them decide

[Going through 5,668]

9 hours ago, NYCruiser said:

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

Hello, you gave the email of the Immigration Department at Heathrow. I would email them and give your details and file number if you have it, or the date/time etc of the incident. See if you can get anything from them. The reason why I say this, is a friend of mine was refused Citizenship when he gave just a court disposition of a discharged case of shoplifting. He wasn't convicted nor indited. However, the court took his fingerprints. He had no other record. At his Interview they brought it up...what was the fingerprint for? He needed to get the disposition and court record. The court said there was no record and gave him a record of the disposition ie nothing.

He still got rejected, had to appeal, which he did and got the citizenship. He was out of another fee. Not sure how much for the appeal.

A bit different than the OP's case, though.

 

A charge of shoplifting (petty theft) is a "Crime of Immoral Turpitude" under USCIS regulations, which they take very seriously, and can be used as a reason for denying an application under certain circumstances.  Your friend's charge also happened within the US as opposed to outside of the country.  Your friend having his case discharged doesn't mean he wasn't convicted (Immigration law reads discharged cases as still convictions, even if there was any sort of post or pre-trail diversion or even if all he had to pay was a small fine)---USCIS focuses more on the actual charge rather than the disposition in the end.  It matters to USCIS even more, if the charge occurred in the US within the last 3 or 5 years of your friend applying for citizenship, or if it was in addition to any other offenses in the person's overall history.

 

In my own case, I ended up getting a desk-ticket to appear in court and having to pay a $20 court-ordered administration fine.  No probation, no community service, no guilty plea entered (I wasn't even asked that day how I plead) charges withdrawn/dismissed, nothing added to my record according to the judge.  I paid the $20 to the court clerk right after and I left the courthouse.  My charge/arrest happened in another country outside of the US over two decades ago.

 

According to USCIS, I am still "convicted" because I paid the court fine.  To USCIS, it doesn't matter whether charges are dropped/dismissed, is what I'm saying. 

 

It's good that he was able to appeal the decision and received his citizenship afterwards  

[NYCruiser 423]

1 hour ago, Going through said:

A bit different than the OP's case, though.

 

A charge of shoplifting (petty theft) is a "Crime of Immoral Turpitude" under USCIS regulations, which they take very seriously, and can be used as a reason for denying an application under certain circumstances.  Your friend's charge also happened within the US as opposed to outside of the country.  Your friend having his case discharged doesn't mean he wasn't convicted (Immigration law reads discharged cases as still convictions, even if there was any sort of post or pre-trail diversion or even if all he had to pay was a small fine)---USCIS focuses more on the actual charge rather than the disposition in the end.  It matters to USCIS even more, if the charge occurred in the US within the last 3 or 5 years of your friend applying for citizenship, or if it was in addition to any other offenses in the person's overall history.

 

In my own case, I ended up getting a desk-ticket to appear in court and having to pay a $20 court-ordered administration fine.  No probation, no community service, no guilty plea entered (I wasn't even asked that day how I plead) charges withdrawn/dismissed, nothing added to my record according to the judge.  I paid the $20 to the court clerk right after and I left the courthouse.  My charge/arrest happened in another country outside of the US over two decades ago.

 

According to USCIS, I am still "convicted" because I paid the court fine.  To USCIS, it doesn't matter whether charges are dropped/dismissed, is what I'm saying. 

 

It's good that he was able to appeal the decision and received his citizenship afterwards  

Thank you. That is good to know. I will check with him as I don't know all his details.