Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2015
    Posts
    1

    Default Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    Hi, so I am 24 years old and have been living in the U.S. for 10 years in Texas and 6 months ago I got caught at Walmart for shoplifting $14 and I was hand-cuffed and then let go... All they took was my drivers license, no finger prints, no SSN, no picture, nothing and they didn't make me sign anything either... I never received any letters or anything... I wasn't even told not to go back in the store, I told the cops I was never coming back and they told me that I could go back as long as I didn't steal

    So anyway, I am applying for my citizenship and I am freaking out, my parents don't know about this and idk what to do. If I contact a lawyer about this my parents will know... I am simply freaking out right now, my permanent resident card expires next year and now I am scared that if I get denied my citizenship then they will deport me to, I swear I am going crazy... Both my parents are brother are citizens already and I have a college degree and college debt

    Will I be denied for this? I really believe there is no record or anything whatsoever, do I even need to say it in the forms??
    What if I don't say it and then it pops up and they ask me about it in the interview? will I go to jail for not including it? I mean would simply say that since there was no records of anything that I didn't think it mattered

    Please someone help me with this. I want to tell my parents cause I am freaking out but idk how to

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    You need an attorney. You should have worried about the consequences before you stole. Since few shoplifters are caught, this incident was likely not the first time. Come clean with your parents sooner rather than later.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    Quote Quoting johnlope575
    View Post
    Hi, so I am 24 years old and have been living in the U.S. for 10 years in Texas and 6 months ago I got caught at Walmart for shoplifting $14 and I was hand-cuffed and then let go... All they took was my drivers license, no finger prints, no SSN, no picture, nothing and they didn't make me sign anything either... I never received any letters or anything... I wasn't even told not to go back in the store, I told the cops I was never coming back and they told me that I could go back as long as I didn't steal

    So anyway, I am applying for my citizenship and I am freaking out, my parents don't know about this and idk what to do. If I contact a lawyer about this my parents will know... I am simply freaking out right now, my permanent resident card expires next year and now I am scared that if I get denied my citizenship then they will deport me to, I swear I am going crazy... Both my parents are brother are citizens already and I have a college degree and college debt

    Will I be denied for this? I really believe there is no record or anything whatsoever, do I even need to say it in the forms??
    What if I don't say it and then it pops up and they ask me about it in the interview? will I go to jail for not including it? I mean would simply say that since there was no records of anything that I didn't think it mattered

    Please someone help me with this. I want to tell my parents cause I am freaking out but idk how to
    If the police were not called, then you were not arrested or charged with a crime. Therefore you have no "record". Therefore no, you should not mention it in the forms. It is not going to "pop up" anywhere and you are not going to be asked about it. You do NOT need an attorney.

    However, you do need to take this as a lesson for the future. You were very lucky this time. You are unlikely to be that lucky in the future, so do not put yourself at that kind of risk again.

  4. #4
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    Quote Quoting johnlope575
    View Post

    Please someone help me with this. I want to tell my parents cause I am freaking out but idk how to
    Theft, including shoplifting, is a crime of moral turpitude and can be a basis for deportation of an alien. 8 U.S.C. § 1182(a)(2)(i) if the alien is convicted of the offense or admits to having committed the offense. Even if the alien might be deportable, there is an exception if the alien only committed one offense that was a misdemeanor offense and for which the alien was not sentenced to more than 6 months imprisonment.

    You were not convicted of the offense and if you do not admit to having committed it, you should not be deportable. Even if you do admit to the offense, you may still qualify under the one-time misdemeanor offense exception I mentioned before.

    Now, here’s the problem. The USCIS Form N-400 is the form to request naturalization. It’s a very long and detailed form. You will see that you are asked in question 22 the following: “Have you ever committed, assisted in committing, or attempted to commit, a crime or offense for which you were not arrested?” Based on what you said here, it would appear that the honest answer is yes, you apparently committed a shoplifting crime. If you admit to that, you may trigger the bar to admission for crimes of moral turpitude I discusse above, though if you meet the one time misdemeanor exception that may end up not hurting you. If you lie and commit perjury on the application, that too is a crime of moral turpitude and you may end up deported over that if the USCIS caught it because the one time misdemeanor exception would no longer help you.

    You ought not panic yet. I think it is possible to navigate this properly to avoid having this cause you to be rejected for naturalization and possibly deported. But you really ought to have an experienced immigration attorney advise you how to address this issue on your Form N-400 and any USCIS interviews to avoid screwing this up. It will cost you (or your parents) some money in legal fees, but it is likely money well spent. If you need your parents’ help for this, then you’ll need to tell them what’s happened. It is critical, though, that you not engage in any additional crime. Felony crimes, crimes of moral turpitude, drug offenses, etc., are all things that can lead to denial of your application and possible deportation. You’ll want to review your entire application with the lawyer and clean up any other possible problems that might, exist, too, like any federal tax problems, etc. You say you have about a year beofre the permanent resident card expires, so you need to start thinking now about that application and make sure everything is in order. It will go much more smoothly if you prepare in advance.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    Quote Quoting llworking
    View Post
    If the police were not called, then you were not arrested or charged with a crime. Therefore you have no "record". Therefore no, you should not mention it in the forms. It is not going to "pop up" anywhere and you are not going to be asked about it. You do NOT need an attorney.
    Sorry, LL, but that is INCORRECT. Unlike most job and other applications, the N-400 does ask about such things. Telling people to LIE on their form is a bad idea.

  6. #6
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Will a Shoplifting Incident Affect Naturalization if No Charges Were Filed

    OP is not a teenager steeling on a dare but a college degreed thief. I am tired of potential immigrants looking for forgiveness or justification for deliberate, illegal actions and wanting an easy way out.

    Given OP's issues with honesty, he needs an attorney to properly complete all future immigration paperwork. If it means his parents disown him, so be it.

    1. Sponsored Links
       

Similar Threads

  1. Background Checks: Will an Incident Appear on a Police or Fire Background Check if No Charges Were Filed
    By results1991 in forum Employment and Labor
    Replies: 16
    Last Post: 07-19-2015, 03:50 PM
  2. Naturalization: Will a Small Shoplifting Incident Affect My Naturalization Application
    By garc0085 in forum Permanent Residency and Naturalization
    Replies: 4
    Last Post: 11-17-2010, 07:18 AM
  3. Naturalization: Naturalization and Shoplifting with No Charges Pressed
    By troublemaker2000 in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 06-11-2009, 11:46 PM
  4. Assault & Battery: How long after an incident may criminal charges be filed?
    By elkhuntr in forum Criminal Charges
    Replies: 6
    Last Post: 04-16-2006, 04:26 AM
  5. DWI Charges not filed yet, months after the incident
    By sharay2001 in forum Drunk and Impaired Driving Charges
    Replies: 2
    Last Post: 04-11-2006, 03:24 PM
 
 
Sponsored Links

Legal Help, Information and Resources