N400 + Arrest

[Rodrigosobral]

My coworker is applying for Citizenship after 8 years of having her Green card.

6 years ago she was arrested for Petty Retail Theft. She never had a record and doesn’t have anything else either.

she went to court. Paid restitution and was scheduled an Alternative Sentence - to take a class. She did. Showed the certificate in court and case was dismissed

of course for immigration it’s always gonna be on her record. So no need for expungement as far as immigration goes.

like i said. No more record. She’s a very good human.

will this be an issue for her getting her citizenship? She will add to the papers her Disposition and Her Class Certificate.

like i said, will this be an issue for her process?

[R78]

This needs to be listed on N400 application

While USCIS considers all crimes / issues ever committed, there are some that are less important (petty theft, DUI, traffic citations, etc), especially if these took place more than 5 yrs from the date of N400 application.

Just make sure that the case dismissal is over 5yrs from the date of N400 filing.

[Dallasforever]

Having a criminal record after being admitted as LPR always an issue specially theft. I would visit to good immigration attorney for advise. I had CIMT as well but it was prior to Become LPR but i was told by my attorney that i could have been in serious trouble if that would happened after i become LPR.

[Rodrigosobral]

It happened before LPR. She even submitted all the paperwork and got her Permanent Green card. And it’s been more than 5 years

and it’s only ONE offense

and it qualifies for Petty Theft Exemption

and max penalty is less than a year.

i think she is fine actually

[Rodrigosobral]

Guys,

I’m looking at her papers. It’s been 5 years and 4
months since the arrest.

the court papers (disposition of dismissed case) says Filed at exactly 4 years and 363 dAys!! Which is when she applied for her citizenship.

when she filed, her receipt notice is 5 years 10 days after dismissal.

do you guys see any issue here?

[Dallasforever]

Get some professional help buddy. We are just 9-5 people. We can say dont worry about it everything will be ok that may feel better but in the end of the day you need some help from attorneys who practice immigration.