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Prince03

I was cited for petty theft Penal Code Section 484(a)-488 (a misdemeanor) on June 2013. I would like to apply citizenship in 2019

23 posts in this topic

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  1. It means charged, like it says. Yes you were.
  2. Sounds like a No as the case was ultimately dismissed.
  3. I would say Yes as you were put into a deferred judgment program.

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, geowrian said:
  1. It means charged, like it says. Yes you were.
  2. Sounds like a No as the case was ultimately dismissed.
  3. I would say Yes as you were put into a deferred judgment program.

What's you opinion about this one though?

 

4. Deferrals of Adjudication

In cases where adjudication is deferred, the original finding or confession of guilt and imposition of punishment is sufficient to establish a conviction for immigration purposes because both conditions establishing a conviction are met. If the court does not impose some form of punishment, then it is not considered a conviction even with a finding or confession of guilt. A decision or ruling of nolle prosequi [13] does not meet the definition of conviction.

 

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

Is #2 a YES then in immigration context if deferred adjudication is deferred entry of judgment?

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Posted (edited)
10 minutes ago, xyz12345 said:

What's you opinion about this one though?

 

4. Deferrals of Adjudication

In cases where adjudication is deferred, the original finding or confession of guilt and imposition of punishment is sufficient to establish a conviction for immigration purposes because both conditions establishing a conviction are met. If the court does not impose some form of punishment, then it is not considered a conviction even with a finding or confession of guilt. A decision or ruling of nolle prosequi [13] does not meet the definition of conviction.

 

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

Is #2 a YES then in immigration context if deferred adjudication is deferred entry of judgment?

So you did have an original finding of guilt, or pled guilty? Was the program ordered or voluntary? Those questions would likely determine if it crossed the line into a conviction for immigration purposes.

 

Edit: I just reread the original post and noticed that you withdrew a guilty plea.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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25 minutes ago, xyz12345 said:

What's you opinion about this one though?

 

4. Deferrals of Adjudication

In cases where adjudication is deferred, the original finding or confession of guilt and imposition of punishment is sufficient to establish a conviction for immigration purposes because both conditions establishing a conviction are met. If the court does not impose some form of punishment, then it is not considered a conviction even with a finding or confession of guilt. A decision or ruling of nolle prosequi [13] does not meet the definition of conviction.

 

 

https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-2

 

Is #2 a YES then in immigration context if deferred adjudication is deferred entry of judgment?

First of all, I'm very thankful for all of you to give me some advice.  I appreciate for your help.

 

Here is more information about my case.

 

image.png.fba83c26d4a8103ff89d3d2668c1f7e5.png

18 minutes ago, geowrian said:

So you did have an original finding of guilt, or pled guilty? Was the program ordered or voluntary? Those questions would likely determine if it crossed the line into a conviction for immigration purposes.

 

Edit: I just reread the original post and noticed that you withdrew a guilty plea.

First of all, I'm very thankful for all of you to give me some advice.  I appreciate for your help.

 

Here is more information about my case.

 

image.png.e582b56d6a460ebbafa4fe3c5bc631a6.png

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Posted (edited)
6 minutes ago, Prince03 said:

First of all, I'm very thankful for all of you to give me some advice.  I appreciate for your help.

 

Here is more information about my case.

 

image.png.9e05e635b99d2d7d8b83e69bfc0a147e.png

Gotcha, thanks.

So you initially pled not guilty, but then pled guilty in exchange for a deferred adjudicatrion. The court ordered a penalty (the programs you had to complete). Once the program was completed, the case was dismissed.

It sounds like your case meets the 2 requirements for it to be considered a conviction. I take back my initial "No" on #2.

 

Note that it should not impact the result of your N-400. But I would suggest obtaining any records you can, OR evidence that there are no records that are still available.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Are these questions, did I answer correctly?

image.png.ea5922ab7dd1d1906f9c1ee9b9ca545f.png

10 minutes ago, geowrian said:

Gotcha, thanks.

So you initially pled not guilty, but then pled guilty in exchange for a deferred adjudicatrion. The court ordered a penalty (the programs you had to complete).

It sounds like your case meets the 2 requirements for it to be considered a conviction. I take back my initial "No" on #2.

 

Note that it should not impact the result of your N-400. But I would suggest obtaining any records you can, OR evidence that there are no records that are still available.

All these questions, did I answer correctly?

image.png.ea5922ab7dd1d1906f9c1ee9b9ca545f.png

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4 hours ago, Prince03 said:

Are these questions, did I answer correctly?

image.png.ea5922ab7dd1d1906f9c1ee9b9ca545f.png

All these questions, did I answer correctly?

 

I'm also a newbie (and esp not an immigration lawyer) in giving opinions so I still would defer to more knowledgeable VJers. Sorry, I just find your questions interesting and like to know the answers myself.

 

My take on this is that YES to Question #s 2-5 and 7.

 

Not sure about Question # 6.

 

Why did you say YES to Question # 1? You weren't arrested for that petty theft? The police just cited you and you showed at the police station? If you were arrested for that particular crime, then the  answer should be NO. However, have you done additional crime for which you were not caught? If that particular petty theft was your one and only crime (both caught and not caught), then the answer is NO. (Someone should correct me on this). This is different from Question #3.

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I think it is better to hire a lawyer for your case. No one can tell you here for sure what is right and wrong to put on your application. To me, best way is hire an attorney and pay some extra money so you can achieve your goal. I don’t think you can do this on your own.

 

Best of luck!

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8 hours ago, Prince03 said:

All these questions, did I answer correctly?

image.png.ea5922ab7dd1d1906f9c1ee9b9ca545f.png

Looks generally right, although the first question should NOT count the arrest for petty theft. If that was the only criminal offense, then the answer would be NO. If there is something else for which you were not arrested, then it would remain YES.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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10 hours ago, Prince03 said:

First of all, I'm very thankful for all of you to give me some advice.  I appreciate for your help.

 

Here is more information about my case.

 

image.png.9e05e635b99d2d7d8b83e69bfc0a147e.png

I agree with the replies...(don't forget to provide copies of everything if they ask you or take it to the Citizenship hearing). USCIS will ask you about this. Not a bar to getting citizenship though....

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Posted (edited)

(In reference to the 3 numbered questions in your original post):

 

1)  Answer yes.

2)  Answer yes.

3)  Answer yes.

 

Deferred adjudication/Diversion/court ordered classes/court ordered fine/court ordered probation still counts as a "conviction" in the eyes of USCIS and their own policy manual, whether the charge was dismissed in the end or whether there was no plea of guilt officially entered.

 

Put it this way---if you were NOT found guilty of the crime (whether an actual plea was entered or not is irrelevant for judgement),  then you wouldn't have been ordered to take the Theft/Violation class and pay the court-ordered fine.

 

Submit a court-certified statement from the courthouse that had jurisdiction over where you were living at the time of the arrest detailing that the records have been destroyed/purged.  Also be prepared to submit documentation that the fine was paid and the court-ordered class was completed.

 

 

 

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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