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

[Prince03 0]

[geowrian 22,335]

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.

[Undecided 78]

I completely agree with the previous poster.

[xyz12345 260]

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?

[geowrian 22,335]

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 August 2, 2019 by geowrian

[Prince03 0]

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.

 

[Prince03 0]

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.

 

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.

 

[geowrian 22,335]

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.

 

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 August 2, 2019 by geowrian

[Prince03 0]

Are these questions, did I answer correctly?

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?

[Prince03 0]

I apologize for my messy tag and post here haha.  I'm a newbie in this site.  Tried to figure out how to post my content.

[xyz12345 260]

4 hours ago, Prince03 said:

Are these questions, did I answer correctly?

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.

[drex33 12]

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!

[geowrian 22,335]

8 hours ago, Prince03 said:

All these questions, did I answer correctly?

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.

[NYCruiser 423]

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.

 

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....

[Going through 5,668]

(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 August 2, 2019 by Going through