N400 criminal record for a cleared minor crime in home country

[Eastsidestory 1]

When I was in college in Russia I worked part time at a small store. At some point the managers got mad at me for being know-it-all (stupid of me,yes) and generally more promising (i.e. good college, trips to the US for internship, etc), and set me up as a thief. They put a bag with goods from the store in my locker and called the police. I didn't have any proof that I didn't do it, so I ended up being charged with theft. No damage to the business was done, since they took the bag of goods right back where it came from. I paid a small fine, about $200 as of now (it was about $400 at that time though), and a year later it was cleared from my record. I have not been detained, just questioned at the police station. I did not provide fingerprints, didn't even have my picture taken for a record. I simply followed the officers, they drove me to the station and asked questions, then they advised me to plead guilty because it's a clear as day case to any judge and it will be cleared from my record in a year anyway, then they let me go home. A community lawyer said the same thing... so that's what I did. I wish I knew I will want to immigrate later on

Now I am considered never convicted in Russia and anywhere else, as far as I know. Since that time I have applied for a business\tourist visa to the US, a student visa, a conditional green card and removed conditions. When I applied for a tourist visa I had answered yes about convictions. I don't remember if I have provided a copy of a court decision at that time, it was more than 5 years ago... Nobody ever asked me about it. I moved to the US after the record was cleared, and I never even thought about bringing any paperwork with me. I don't even know where it is and how to get it. If I pull my criminal history in Russia, it's not there, my record is clear.

All other times I have answered "no" to the same question, because an immigration attorney in Russia told me it is cleared and erased from my record.

I'm sure there is a question about crimes on all forms I submitted over the years, especially on the green card application. However, I have never seen the same wording as on N-400:

"Even if your record have been sealed, expunged, or otherwise cleared. You must disclose this information even if anyone, including a judge, law enforcement officer or attorney, told you that it no longer constitutes a record or told you that you do not have to disclose the information".

Green card application, I-485, just asks if I have EVER been convicted, to which I said "no" because I am considered never convicted by Russian laws.

Here is what I have:

1. I was once convicted for a minor crime and ordered to pay a fine which was less than $500.

2. The record have been cleared a year later and I am considered NEVER CONVICTED in Russia

3. I have answered "no" to a similar question when I applied for a student visa and a green card

4. I have once answered "yes" to a similar question on a tourist visa application a few months after the court ruling.

5. I have no records of this event. No copy of the court ruling, no copy of the receipt when I paid that fine... nothing.

What am I supposed to answer?.. If I say "yes", I must provide documents to explain myself, and I don't have them, nor do I have a way to get them. All I can possibly get is a Russian criminal record and US criminal record, both are clear.

If I answer "yes", does it mean I lied on the green card application?

If I answer "no", I am not completely honest, and we all know that's bad.

What do I do now?

[aaron2020 11,652]

Hi,

Even though you are considered to not have been convicted under Russian law, that's not the question. The question is have you ever been arrestted including those instances where the record was later cleared.

You need to answer "yes" and provide whatever evidence or statement as to why you can't obtain the evidence.

When you answer yes in the green card application, you lied.

You may want to read this; http://chicagoreporter.com/palestinian-activist-charged-lying-citizenship-application-nine-years-after-she-became-us-citizen/

[Eastsidestory 1]

Hi,

Even though you are considered to not have been convicted under Russian law, that's not the question. The question is have you ever been arrestted including those instances where the record was later cleared.

You need to answer "yes" and provide whatever evidence or statement as to why you can't obtain the evidence.

When you answer yes in the green card application, you lied.

You may want to read this; http://chicagoreporter.com/palestinian-activist-charged-lying-citizenship-application-nine-years-after-she-became-us-citizen/

I see your point about N-400.

However, it has the question worded differently. It specifically says "even if it was cleared from your record", which means, I guess, I must say Yes, I was. I just don't know how to explain why I have no documents. I can't imagine a simple letter is enough.

On the green card application it asks if I ever was convicted, just as it does on a student or tourist visa application. And since if the record is cleared, I am allowed to say I never was convicted, that's what I did.

Why would this logic be wrong?

Also, on the link you sent the sentence was waaaay more severe, that's not something that can be easily forgotten or dismissed, and also she was a member of a party, which is another question on N-400.

[aaron2020 11,652]

I see your point about N-400.

However, it has the question worded differently. It specifically says "even if it was cleared from your record", which means, I guess, I must say Yes, I was. I just don't know how to explain why I have no documents. I can't imagine a simple letter is enough.

On the green card application it asks if I ever was convicted, just as it does on a student or tourist visa application. It asks about arrests. See I-485, part C.1.b. And since if the record is cleared, I am allowed to say I never was convicted, that's what I did. But, you are not allowed to say you were not arrested, and that is what the question asks.

Why would this logic be wrong? Your logic is wrong because US law does not agree with that interpretation. The US is well aware that people in some countries can pay to have their records cleared or have a relative intervene to not be prosecuted, etc. This is why the US is interested in the arrest even if the record is cleared later on. Your record being cleared did not unring the bell that you were arrested. A person who gets things cleared up and cleaned up must still disclose the arrest to the US government.

Also, on the link you sent the sentence was waaaay more severe, that's not something that can be easily forgotten or dismissed, and also she was a member of a party, which is another question on N-400.

The green card application ask if you have ever been arrested.

1. Have you EVER, in or outside the United States:

a. Knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been

arrested?

b. Been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

[Eastsidestory 1]

But I have not been arrested. At least, no one told me I am under arrest, did not put me into handcuffs, did not take fingerprints or pictures... I voluntary went with the officer to the police office and was free to go home at the end of the night - no bail, no nothing. Is still an arrest?

[aaron2020 11,652]

But I have not been arrested. At least, no one told me I am under arrest, did not put me into handcuffs, did not take fingerprints or pictures... I voluntary went with the officer to the police office and was free to go home at the end of the night - no bail, no nothing. Is still an arrest?

YES!!!! You do not need to be in handcuffs to be arrested. You do not need to be sent to jail to be arrested. People can be be arrested by going to the police station with the police "voluntarily" and get processed and released.

You seem to want to play with words until you can say no.

Best of luck.

[Eastsidestory 1]

I'm just confused and scared. I thought I followed all the rules when I applied for the green card, but now I don't know. What if I apparently lied on that green card application? I didn't intend to do so and I honestly didn't know I have to list it if it's cleared... immigration attorney told me I don't have to when I applied for F1.

How can I make it right?

[NancyNguyen 1,658]

You are trying to calm yourself down by reasoning with wording but the fact is that you were arrested / cited. There is no way around it. You can pick no for that question but if they find it at interview, it will be a mess.

[llcoolmg 20]

Here is what I have:

1. I was once convicted for a minor crime and ordered to pay a fine which was less than $500.

2. The record have been cleared a year later and I am considered NEVER CONVICTED in Russia

3. I have answered "no" to a similar question when I applied for a student visa and a green card

4. I have once answered "yes" to a similar question on a tourist visa application a few months after the court ruling.

5. I have no records of this event. No copy of the court ruling, no copy of the receipt when I paid that fine... nothing.

What am I supposed to answer?.. If I say "yes", I must provide documents to explain myself, and I don't have them, nor do I have a way to get them. All I can possibly get is a Russian criminal record and US criminal record, both are clear.

If I answer "yes", does it mean I lied on the green card application?

If I answer "no", I am not completely honest, and we all know that's bad.

What do I do now

Assuming you have always been truthful with your previous immigration applications then I would answer yes I have been arrested. Yes I have been convicted. Try to get certified copies from the clerk of the court in your local town. If no records are available try to get a certified letter from the clerk of the court stating he/she searched for the records but they do not exist. Then provide that letter as a supporting document.

But because you may knowingly/unknowingly not been truthful in previous applications then I'm not so sure I would file anything right now. the govt. denying your application and losing your fee and time is the least of the potential worries, far worse they could start deportation proceedings against you after the interview.

Best to talk to an immigration attorney before you do anything. Tell that attorney everything. Don't hold back because YOU think it's not relevant or because someone in Russia said it was not a big deal...

Good luck.

[edt370a 3]

Go seek the advice of a competent immigration attorney. S/he will tell you exactly what to put on the form, and s/he will tell you if s/he thinks you might be best off staying as an LPR and not applying for citizenship at all. Just don't base your decision in this regard on what non-attorneys tell you.