QUESTION
Will my shoplifting incident show on my record when I apply for citizenship?
Asked on Jan 26th, 2016 on Immigration - Illinois
More details to this question:
I want to apply for citizenship. I have been a permanent resident for 13 years now. However I have a concern, 3 years ago I was caught shoplifting at a store. The security look me to their office and got all the things I shoplifted back. They did not call the police and I was not arrested; after they spoke with my mom over the phone (even though I was 18) and then they let me go. A few weeks later I got a bill and I had to pay $200 for the incident. Will this show in my record when I apply for citizenship?
3 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you were not arrested or charged with shoplifting and did not go to court, it will not show up on your background check.
Answered on Feb 22nd, 2016 at 3:17 AM
Generally, detention by a security guard without an arrest by the police does not constitute an "arrest" and will not be revealed to the USCIS through the security background checks conducted in a naturalization case. Note, however, that in the naturalization application process one must honestly answer the question about whether the applicant has committed any crimes for which the applicant has not been arrested. An immigration attorney who learned all of the relevant facts about you and the shoplifting event would be able to advise you about eligibility for naturalization and related issues.
Answered on Feb 18th, 2016 at 9:00 AM
You committed a crime for which you were not arrested. That means that you are disqualified for five years 'after the offense' from applying for naturalization. If discovered, the DHS can revoke your Citizenship at any time, even decades later. If revoked, you also lose your green card! Just wait at least two more years! Also, seek an appointment from a candid, competent and experienced immigration attorney. Good luck.
Answered on Feb 18th, 2016 at 6:14 AM