APPLYING FOR N-400 WITH MISDEMEANOR RECORD PLS HELP

[Mrs.Ola 0]

Hello everyone I need some advice from anyone in here hoping that someone can help me with my problem, I am a 10yr GC holder which i acquired through marriage to my Us citizen husband, I've been in the states since 2014. Unfortunately i made a huge stupid mistake last May 2015 i was caught shoplifting, officer gave me a ticket for misdemeanor but no jail time and no fingerprinting that happened. i hired an attorney got my case dismissed (my final disposition says dismissed with NOLO CONTENDERE) had to pay a fine and was on probation for 3 years (PROBATION ENDED OCTOBER 2018) which says that stay away from the store for 3 years and stay out of trouble thats it. Now I'am planning on applying for Citizenship this coming December of 2019 do you guys think I would be having any problems or would my petition be denied because of that? do you think the time frame is right on time? I'm hoping that by applying this December by the time of my interview (which I'm basing on a 6 months time from the day of my application) it will be over 5 years of the incident. I Hope somebody can enlighten and help me. thank you in advance

[Deagle 494]

Good thing you pleaded Nolo and that you completed your probation successfully. Your case might not be approved on spot and will need supervisor review. Just file and wait and see what will happen.

[Mrs.Ola 0]

12 minutes ago, Deagle said:

Good thing you pleaded Nolo and that you completed your probation successfully. Your case might not be approved on spot and will need supervisor review. Just file and wait and see what will happen.

Thank You, I'm just worried that my application might be denied, I DON'T WANT TO WASTE THE ALMOST $800 APPLICATION FEE so I'm making sure. lol

[Deagle 494]

1 minute ago, Mrs.Ola said:

Thank You, I'm just worried that my application might be denied, I DON'T WANT TO WASTE THE ALMOST $800 APPLICATION FEE so I'm making sure. lol

You will be lucky if you will get naturalized for $800 and no need for a lawyer. Good luck and stay out of trouble.  

[Going through 5,668]

If this is your only crime, you will qualify for the "petty offense exception".

 

The good news is that you are filing the N400 after your probation period has ended, and it's been at least a year since the crime/probation ended.  If it were still open, it would be an automatic denial following their own policies.  You will need to submit court-certified documents relating to the final disposition of the case, as well as any arrest records.  I would suggest you order more than one certified copy as you should bring another one to your interview incase it is asked for again.  You may also be asked to provide proof of the court-ordered fine being paid (bank statement/credit card statement/carbon check copy/receipt is sufficient evidence of the fine paid).

 

Even though the case was dismissed in the end, it's still a conviction/diversion/deferred adjudication under USCIS eyes (or else there would have been no probation/court-ordered fine), so be sure to declare the details properly on the N400 application.

 

The not-so-good news is that your N400 will have to undergo supervisor approval (this happens when there is any instance of criminal history, no matter how long ago) but should not take too much time in delaying anything between the interview and oath scheduling if all goes well.  

Edited November 4, 2019 by Going through

[Mrs.Ola 0]

17 minutes ago, Deagle said:

You will be lucky if you will get naturalized for $800 and no need for a lawyer. Good luck and stay out of trouble.  

I will need all the luck that I can get, but we will shall see, thank you so much and I will stay out of trouble will proceed with the application and I will update here  Wish me all the luck.

[Mrs.Ola 0]

19 minutes ago, Going through said:

If this is your only crime, you will qualify for the "petty offense exception".

 

The good news is that you are filing the N400 after your probation period has ended, and it's been at least a year since the crime/probation ended.  If it were still open, it would be an automatic denial following their own policies.  You will need to submit court-certified documents relating to the final disposition of the case, as well as any arrest records.  I would suggest you order more than one certified copy as you should bring another one to your interview incase it is asked for again.  You may also be asked to provide proof of the court-ordered fine being paid (bank statement/credit card statement/carbon check copy/receipt is sufficient evidence of the fine paid).

 

Even though the case was dismissed in the end, it's still a conviction/diversion/deferred adjudication under USCIS eyes (or else there would have been no probation/court-ordered fine), so be sure to declare the details properly on the N400 application.

 

The not-so-good news is that your N400 will have to undergo supervisor approval (this happens when there is any instance of criminal history, no matter how long ago) but should not take too much time in delaying anything between the interview and oath scheduling if all goes well.  

Yes my First and only crime. Can you please take a look at the application where the questions of arrest are asked if I answered the questions correctly?? I attached it here

And Yes i will go to the court house and ask for another copy then, i think i still have the original receipt as to when i paid my time almost 5 yrs ago.

 

Thank You so much for your Help. It definitely help me to relax for a bit.

[Going through 5,668]

#26 should be YES.  You received a deferred adjudication with the nolo contendere. 

[Mrs.Ola 0]

18 hours ago, Going through said:

#26 should be YES.  You received a deferred adjudication with the nolo contendere. 

Thank You so much. Now that my probation is done would the case status in my court records will be dismissed? do i have to ask for a separate paper stating that I finished and comply with everything  or it will be all in one documents?

[Going through 5,668]

4 minutes ago, Mrs.Ola said:

Thank You so much. Now that my probation is done would the case status in my court records will be dismissed? do i have to ask for a separate paper stating that I finished and comply with everything  or it will be all in one documents?

If you mean will your record be something USCIS will not become aware of during background checks---no.

 

Part of your probation was to keep your nose clean for 3 years.  If you haven't been arrested/charged again in those 3 years, you have done that in terms of probation.

 

You can request a statement from the court that there are no other active cases against you.  You can also submit a criminal background check from the police department, if you wish a further piece of documentation to show a clean record since then, but not really needed for USCIS purposes since they can easily access your history given that the crime occurred in the States.

 

   

 

 

[Mrs.Ola 0]

6 minutes ago, Going through said:

If you mean will your record be something USCIS will not become aware of during background checks---no.

 

Part of your probation was to keep your nose clean for 3 years.  If you haven't been arrested/charged again in those 3 years, you have done that in terms of probation.

 

You can request a statement from the court that there are no other active cases against you.  You can also submit a criminal background check from the police department, if you wish a further piece of documentation to show a clean record since then, but not really needed for USCIS purposes since they can easily access your history given that the crime occurred in the States.

Gotcha. how about the arrest records can i get it at the court house as well? and i was looking for the receipt that i paid the fee but i couldnt find it but at the end of the documents from the courthouse it is stated that i paid the fee with the date, will that be enough or i have to give them my credit statement stillsince i lost my original receipt?

 

[Going through 5,668]

4 hours ago, Mrs.Ola said:

Gotcha. how about the arrest records can i get it at the court house as well?

Police department that had jurisdiction over where you were living at the time the crime occurred (you will need to provide them with some basic info---approximate date it happened, full name/date of birth, what you were charged with officially (if you remember).  If the records have been purged/destroyed because of how long ago it happened, you can ask them for a statement that the records no longer exist.

 

4 hours ago, Mrs.Ola said:

and i was looking for the receipt that i paid the fee but i couldnt find it but at the end of the documents from the courthouse it is stated that i paid the fee with the date, will that be enough

Yes.

[Mrs.Ola 0]

14 hours ago, Going through said:

Police department that had jurisdiction over where you were living at the time the crime occurred (you will need to provide them with some basic info---approximate date it happened, full name/date of birth, what you were charged with officially (if you remember).  If the records have been purged/destroyed because of how long ago it happened, you can ask them for a statement that the records no longer exist.

 

Yes.

Thank You "GOING THROUGH" I wish i could personally thank you but you help me a lot. I wish you all the best.

[afrocraft 313]

The only way to be confident this misdemeanor will not materially impact your citizenship application is to wait until Nov 2021 to apply.

 

Here's why. You are required to show good moral character for what's called the "statutory period" -- in your case, because you are the spouse of a US citizen, that period is three years from your application date (not your interview date). While any negative event (arrest, crime, misdemeanor, etc.) outside this statutory period can still impact your application, those that happen within the SP are accorded more weight.

 

If you apply this December, your SP will run from Dec 2016-Dec 2019. Even though your misdemeanor occurred in May 2015, well before the SP, you were on probation during most of the SP, and that could count against you (other factors, including your education, employment, conduct during/after your probation, community involvement, etc., will be considered too). If you wait till Nov 2021 -- you can afford to since you have your 10-year green card -- your SP will run from Nov 2018 (after your probation ended) to Nov 2021. At that time, your sins are (kinda) forgiven, and you're born again.

 

From the USCIS Policy Manual:

 

Quote

D. Effect of Probation

An officer may not approve a naturalization application while the applicant is on probation, parole, or under a suspended sentence. ^[27] However, an applicant who has satisfactorily completed probation, parole, or a suspended sentence during the relevant statutory period is not automatically precluded from establishing GMC. The fact that an applicant was on probation, parole, or under a suspended sentence during the statutory period, however, may affect the overall GMC determination.

 

Edited November 6, 2019 by afrocraft