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  1. #1
    Join Date
    May 2008
    Posts
    3

    Default Shoplifting And Citizenship

    Hi, guys!
    have a question regarding N-400 application.
    this is not for me, but for a close relative.
    In the section for good moral character there are questions that I need help with. But before this, let me explain the situation.
    My relative have 2 incidents of shoplifting. First of all, I'd like to tell you that she was wrongfully accused, and I don't think explanations would

    help right now. But this is for you to understand.
    First case was in Goodwill Store. No police was called, no reports filed, she just paid fine and left. no fingerprints, no pictures were taken. No court.

    The second case was in QFC store. She was detained by store security, police was not called, they called the police and filed the report. Then, she paid

    fine, and received the notice in the mail to appear in court. She hired an attorney, and she had her case settled, even before she had to chance to

    plead guilty or not guilty. I believe she had pretrial diversion program, she was offered to pay $75 in fine, commit no new violations, perform 24 hour

    community service and not to have a contact with the store. She succesfully completed it, and the case was dismissed by the city with prejudice.
    So, does she need to mention first occurance?
    Also, for the second case what information need to be included along with the application?
    So, for question 15 i check yes, and questions 16, 17, 18, 19, 20 and 21 I check no? questions 19 and 20 I am not sure though.
    It was 2 years ago, and I don't know if she needs to wait 3 more years, or she can send application right now.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Shoplifting Question

    Your "belief" about what happened is irrelevant. You need to be certain as to what happened. Come back with follow-up questions once you are 100% certain.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Shoplifting Question

    Are you really thinking about lying in the section about "good moral character"?

  4. #4
    Join Date
    May 2008
    Posts
    3

    Default Re: Shoplifting Question

    Quote Quoting cyjeff
    View Post
    Are you really thinking about lying in the section about "good moral character"?
    No. I just need to know what to fill out yes, and no. and any advise you can give.
    To Mr Knowitall, it is pretrial diversion program.
    Thank you

  5. #5
    Join Date
    Sep 2005
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    Default Re: Shoplifting Question

    The ONLY person who can advise you is the lawyer you hire to advise you. You take the advice of strangers on the Internet at your own peril. Worse, you're still making us guess.

    15. Have you ever committed a crime or offense for which you were not arrested? From what you say, Yes.

    16. Have you ever been arrested, cited or detained by any law enforcement officer
    (including USCIS or former INS and military officers) for any reason? From what you say, No.

    17. Have you ever been charged with committing any crime or offense? From what you say, Maybe. (A charge was probably filed in the diversion case.)

    18. Have you ever been convicted of a crime or offense? From what you say, No.

    19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? From what you say, OBVIOUSLY Yes.

    20. Have you ever received a suspended sentence, been placed on probation or been paroled? From what you say, No. (Unless you are wrong about the circumstances of the diversion program, in which case the answer may be yes.)

    21. Have you ever been in jail or prison? From what you say, No.

  6. #6
    Join Date
    May 2008
    Posts
    3

    Default Re: Shoplifting Question

    Quote Quoting Mr. Knowitall
    View Post
    The ONLY person who can advise you is the lawyer you hire to advise you. You take the advice of strangers on the Internet at your own peril. Worse, you're still making us guess.

    15. Have you ever committed a crime or offense for which you were not arrested? From what you say, Yes.

    16. Have you ever been arrested, cited or detained by any law enforcement officer
    (including USCIS or former INS and military officers) for any reason? From what you say, No.

    17. Have you ever been charged with committing any crime or offense? From what you say, Maybe. (A charge was probably filed in the diversion case.)

    18. Have you ever been convicted of a crime or offense? From what you say, No.

    19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)? From what you say, OBVIOUSLY Yes.

    20. Have you ever received a suspended sentence, been placed on probation or been paroled? From what you say, No. (Unless you are wrong about the circumstances of the diversion program, in which case the answer may be yes.)

    21. Have you ever been in jail or prison? From what you say, No.
    In pretrial diversion agreement it starts with "I understand that I have been charged with the crime of theft...", so I guess there was a charge. So for question 17 it is YES?
    How bad is it?

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