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  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Unhappy Citizenship Application with Misdemeanor a Long Time Ago

    Hi,

    I got my GC in 2004. Currently I'm contemplating becoming a citizen. But one thing worries me: a long time ago (I can't remember what year but definitely before 2004 when I got my GC), I made the stupidest mistake of my life: I was caught shoplifting a $11 item at Home Depot. Police came and I got fingerprinted. Later I got a citation and went to the court house. A magistrate got me and the security officer from the Home Depot into an office. I admitted my mistake and expressed my sincere sorry and the magistrate dismissed me with a misdemeanor judgement. At the time I have not got my GC yet and I was really nervous so I asked the magistrate what the impact would be on my GC application. She said it would have no impact at all because there would be no record whatsoever. I later got my GC indeed without any issue.

    Now when I tried to fill out the N-400 form, I saw the Part 10 Good Moral Character and the old memory came back to haunt me. I didn't want to lie but I totally forgot when the incident happened and I couldn't find any paper work whatsoever. So I went to the court. The court couldn't find any record either, either in computer or in paper. The clerk told me what I went through at the time with the magistrate was a show cause hearing and the case had never gone any further than that so they wouldn't have any record at all. But still I didn't want to lie. So I went to the Home Depot. They said no record and recommended I checked with local police. So I went to the policy station. I explained the situation and an officer was very helpful but he couldn't find any record in the computer system either except two minor traffic violations. He asked me to leave my contact and said they would look into archived paper records since the incident happened so long ago. Several days ago I received a letter from the police saying they couldn't find anything.

    So now I'm stuck. I can only remember the incident happened but I have no record. I can't remember exactly when it happened.

    Could somebody please advise how I should proceed? Your help will be greatly appreciated!

    -Mike X

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,816

    Default Re: Citizenship Application with Misdemeanor a Long Time Ago

    You do not want to lie on your application. If you believe that the record of your arrest and prosecution have magically disappeared from the system, odds are you are wrong. If you have any desire to deny the truth on your application you should retain an immigration lawyer to advise you, because nobody here is able to promise you that the truth won't come out with potentially devastating consequences for your ability to remain in the U.S.

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