I have a question,If you been arested but the case was witheld and the record has been sealed.the charge was for theft.does it mean you can't get citizenship?on uscis.gov says you can't get it you if you ever been convicted?please anything would help? thank you
Since it was sealed, assuming it really was, he was probably a minor. Adult records are not sealed in the same sense regardless of the outcome. It will come out. USCIS can access everything and nothing is sealed from their view. If you did something own up to it and tell the truth. If you try to lie or hide it you might as well pack your bags. Your heading home for sure.
Vote Republican and this country will still be worth sneaking into.
Posts: 4260 | Location: San Antonio TX | Registered: 06-08-2007
Originally posted by NeedHelpFast: When was the arrest? Was it in the US? How old were you? I didn't realize that the US "sealed" arrest records as adults.
Yes it was in Us she was 20.yes she has all the papers of witheldication of case and sealing it.
Originally posted by davdah: Since it was sealed, assuming it really was, he was probably a minor. Adult records are not sealed in the same sense regardless of the outcome. It will come out. USCIS can access everything and nothing is sealed from their view. If you did something own up to it and tell the truth. If you try to lie or hide it you might as well pack your bags. Your heading home for sure.
Originally posted by NeedHelpFast: When was the arrest? Was it in the US? How old were you? I didn't realize that the US "sealed" arrest records as adults.
Yes it was in Us she was 20.yes she has all the papers of witheldication of case and sealing it.
I stick to my original assertion, I do not think adult records are ever "sealed" in the US. Now in saying that, she may have been arrested, charges dropped, or arrested, found to be "not guilty", but she was still arrested...and it will show up in the background check, so be proactive.
Definitely tell immigration about the arrest. It may be helpful to obtain the police record of the arrest with a copy of the outcome from the arrest from the court or police, however far it went, and take that with you to the interview.
Be prepared to explain what happened, you (or she) may even consider writing down the details of the event in a prepared statement (reviewed by an attorney), and take the statement with you to the interview.
Don't forget to bring the supporting evidence and also proof of rehabilitation.
By this I mean, what has she done to change her life between then and now? Provide supporting documents that illustrate the change.
May have been an expungement. Sorry for getting the he and she mixed up.
Judging by their writing style they may not fully understand a courts proceedings and have interpreted it other than what it is. Either way show all, tell all.
If its not a conviction then your chances are good it should turn out ok. Unless the lack of a conviction was due to a technicality. It may also depend on the crime. If its on the moral turpitude list you'll need some heavy duty help. What was she arrested for?
Vote Republican and this country will still be worth sneaking into.
Posts: 4260 | Location: San Antonio TX | Registered: 06-08-2007
Every state has differant rules. State of Texas reports all crimes to crime data base in Austin if crime committed B Misdemenor or above. If is less then B misdenor which consider as citation they dont reprt to Crime data base. Check your crime what kind a crime was that? if is more then Misdemenor B or above it will deffinnetly shows up on your record.
She needs to contact an immigration attorney. if is a theft is definitely a crime involving moral turpitude even if the adjucication was withheld. If the offense happend within the 1st 5 yrs with her LPR status, tell her not to even file for naturalization by herself. Do not seal records until u become a citizen.
Originally posted by JF2007: She needs to contact an immigration attorney. if is a theft is definitely a crime involving moral turpitude even if the adjucication was withheld. If the offense happend within the 1st 5 yrs with her LPR status, tell her not to even file for naturalization by herself. Do not seal records until u become a citizen.
Originally posted by davdah: May have been an expungement. Sorry for getting the he and she mixed up.
Judging by their writing style they may not fully understand a courts proceedings and have interpreted it other than what it is. Either way show all, tell all.
If its not a conviction then your chances are good it should turn out ok. Unless the lack of a conviction was due to a technicality. It may also depend on the crime. If its on the moral turpitude list you'll need some heavy duty help. What was she arrested for?
She was arrested for Grand theft,no convictions.told the laywer about it,she said sholudn't be a problem,will need a dispocition of arrest and all the papers from that case.
being arressted is one thing, it always depense what U have been arressted for. You got arrested for theft,so you stole something,the question now is,what did you steal and how much was it worth.
For nthe records,as far INS aka fbi criminal backgroundcheck goes,they'll see and find ANYTHING you have been arrested for.There is always a record.What might be sealed for the avarage Joe,is not sealed and hidden if FBI - Immigration Officer wanna looking into.
I know one of my buddies got arressted one time for drinking alcohol in puplic...so it was no biggie really and no issue when he got his citizenship. It sure depense what U got arrested for...
Originally posted by HBKHBK: being arressted is one thing, it always depense what U have been arressted for. You got arrested for theft,so you stole something,the question now is,what did you steal and how much was it worth.
For nthe records,as far INS aka fbi criminal backgroundcheck goes,they'll see and find ANYTHING you have been arrested for.There is always a record.What might be sealed for the avarage Joe,is not sealed and hidden if FBI - Immigration Officer wanna looking into.
I know one of my buddies got arressted one time for drinking alcohol in puplic...so it was no biggie really and no issue when he got his citizenship. It sure depense what U got arrested for...
Arrest was for theft(from employer)everything is paid off and record is sealed ,amount was 400$!! Now I sent all the papers from my arrest to my attoney and she said that probably i won't get a citizenship,because for immigration it's still a conviction.that's kindastupid.Any idea? At least we could try?
Unethical people with low moral standards will always lie, be one a lawyer or not.
Discriminate wisely when choosing an attorney for consultation ,and you will be getting a way more accurate and reliable advise than could be found on any public forum.
I have a question concerning arrests..well i got married in 2003 and in 2005 i got arrested..i had called the cops on my husband and for some weird reason they took me in too..the judge dropped it to simple fighting and i never heard about it again then 2 weeks ago i was coming back from overseas and customs took me in and this thing came up saying that it could affect my status as a permanent resident..they said I might have to go infront of a immigration judge..thing is i was the victim in this case but noone knows..anyway, does anyone know what is gonna happen to me..i have to go to the immigration office on the 16th about this case..i am still married and got my 10 year greencard a couple months ago..should i be worried??
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