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Posted (edited)

To give background context, I was arrested ONCE at age 15 (almost 30 now) for a misdemeanor (Graffiti with a small marker. Stupid high school kid stuff.), I spoke openly about this on my initial Residence application, also spoke about it at my interview for permanent residence and explained to the interview officer what happened etc and everything went through just fine. Mentioned it again as well on my ROC application because it was simply the truth and no reason to lie.

 

The questions on the N400 seem a bit confusing, so I want to be sure before I answer any incorrectly.

 

22. Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?

No <I answered No because that was the only illegal thing I ever did, and I was in fact arrested for it. I never did anything else illegal and was NOT arrested for it.

 

23. Have you EVER been arrested, cited, or detained by any law enforcement officer (including any immigration official or any official of the U.S. armed forces) for any reason?

Yes <I answered Yes because I have been arrested once and already disclosed it in the past.

 

24. Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

This is where things get confusing. It was classified a misdemeanor, I went to family court and had probation but I never was locked up or anything like that. Would my answer also be Yes to this question?

 

25. Have you EVER been convicted of a crime or offense?

I would assume this is a No? As I mentioned before I was never in front of a judge for any type of sentencing and locked up. I was arrested, held for a few hours and released to my parents.

 

Any and all help is very much appreciated.

 

Edited by Choc_pudding21
Filed: Citizen (apr) Country: Myanmar
Timeline
Posted (edited)

 

Quote

24. Have you EVER been charged with committing, attempting to commit, or assisting in committing a crime or offense?

This is where things get confusing. It was classified a misdemeanor, I went to family court and had probation but I never was locked up or anything like that. Would my answer also be Yes to this question?

 

misdemeanors are crimes.  Answer is yes.  
 

Quote

 

25. Have you EVER been convicted of a crime or offense?

I would assume this is a No? As I mentioned before I was never in front of a judge for any type of sentencing and locked up. I was arrested, held for a few hours and released to my parents.

you had probation.  Probation is sentence.  Sentences are handed out when convicted.  
 

answer is yes.  

Edited by Mike E
Posted
On 10/20/2021 at 6:31 PM, Mike E said:

 

misdemeanors are crimes.  Answer is yes.  
 

you had probation.  Probation is sentence.  Sentences are handed out when convicted.  
 

answer is yes.  

 

Can't edit my other post but just wanted to say I also reached out to an immigration lawyer who agreed I should answer YES to both questions.

 

Wanted to add that in there in case it may help anyone else reading this thread.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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