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  1. #1

    Default Filing N-400

    hi, thank you in advance.

    I was charged for shopping left 484(a), with 3 years probation, 1 day in county jail, and 40 hours community service, and a fine of $100. One and half year later, the case got dismissed, and a plea of not guilty was entered.

    Now I am filing N-400, I think I should answer "Yes" to if I have been arrested, and if I have been charged, and if I have been in the jail. But I am not sure if I should answer "yes" to if i have ever been convicted to a crime.

    This is the only case I have, which was 3 years ago. I will attach the court final paper with my N-400 application, except this, what can I do to avoid the deny?

    Thank you again.

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

    Default Re: Filing N-400

    On its face, that offense appears punishable by a maximum of six months incarceration and thus may qualify for the petty offense exception. But there are circumstances that could transform it into an aggravated felony (See, e.g., CPC 666, for offenses by recidivists). I suggest discussing the specifics of your case with an immigration lawyer.

    The USCIS will regard you as having been convicted of the offense based upon your allocation and the initial disposition, despite the dismissal following your term of probation. You will want to document that eventual disposition to the USCIS.

  3. #3
    Join Date
    Aug 2009
    Posts
    7

    Default Re: Filing N-400

    That will be considered an aggrevated felony. I know somebody in Tacoma(WA) who was pretty much in the same situation. Apparently the Immigration officer told her that regardless of the courts disposing off the case, in the face of USCIS, it's still considered an aggrevated felony and her N-400 was denied but atleast her GC was renewed which is better than being deported.

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