QUESTION
Will shoplifting affect my naturalization process?
Asked on Jan 11th, 2017 on Immigration - California
More details to this question:
I was once charge with shoplifting and the judge dismissed the case with no charges. I apply for citizenship. I reported the matter to the officer who conducted my interview. I passed the interview but I was told that a letter will be sent to me to take to court to show court disposition about the case before a decision can be made.
4 ANSWERS
A legal analysis of the immigration-related consequences of your shoplifting offense requires significantly more information. Under some circumstances the USCIS may treat a misdemeanor as a felony and may treat a dismissal as a conviction. Even in instances where a dismissed charge ultimately will not stand in the way of naturalization eligibility, it is necessary to supply a full set of court-certified disposition documents. If you had been represented by an immigration attorney from the onset, the risks and delays you now face could have been avoided. Even at this late stage it would be wise for you to engage an immigration attorney to review the court-certified disposition documents before submission of a response to the N-14 Request for Additional Documents.
Answered on Mar 10th, 2017 at 5:47 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to get a certified copy of the docket sheet for your case to show that the case was dismissed. You can get a copy from the Criminal Clerk's Office in the courthouse where your case was heard. Make sure the docket sheet is a "Certified" copy.
Answered on Mar 10th, 2017 at 5:46 AM
You must wait for directions, but can try to figure out what is needed. Likely a certified copy of the final court order or certified disposition. If the directions in the form of written notice is not received, then you will have to do an inquiry. If a decision is issued, but you don't receive notice, then you will have to appeal based upon no notice. If you have waited more than 120 days after examination, then you can file a lawsuit and have the Federal Court consider whether to review your case. The above is general information, not legal advice, and does not create an attorney client relationship.
Answered on Mar 10th, 2017 at 5:46 AM
You had to show the original disposition at the time of the interview. If you disclosed it, then it will just take time for them to verify that the dismissed case did not have any Immigration consequences.
Answered on Mar 10th, 2017 at 5:46 AM