Bantik2005

Dear members,
I have a question and need your advise in my case please:
I have been arrested for shoplifting and spent a night in jail, then
have been released, went to the public defender, pleaded not guilty.
judge ordered me to do 40 hrs of community work, pay $250 and to go to
the pre-trial diversion program, he gave 4 months to complete all that,
and after that he said that all charges would be dropped and case
dismissed, I went to court after completing all and judge told me that I
am "clean" and that the case was dismissed.
i completed all what i have been ordered, also i payed to the store and
received release letter from them saying that they are releasing me from
any claims.

I have been charged with:
a Misdemeanor, violation of section 1320(a)PC, conviction of which may
result imprisonment in the county jail not exceeding six months, or by
fine not exceeding One Thousand Dollars or by both.
i dont know if any of that makes any difference, that it was misdemeanor
(petty theft) NOT a felony
So now my question:

I am conditional resident (married to US citizen),
about three months ago, me and my spouse filed joint I-751 to remove
condition from my green card, we've got NOA and biometrics letter (i
went there in August), and havent heard anything from CIS since.
Do you guys think that "arrest" means automatic interview for I-751?

Another question: When am I eligible to apply for naturalization? One
lawyer told me that since I plead not guilty and the case was dismissed
(and there was no conviction) that I would be eligible to apply for
naturalization after 3 years (minus 90 days) from the date my green card
was issued, is that true? is that possible? What papers do I need to
prepare? I already got certified copies of all court minute dockets and
sent along with our I-751.

I am so sorry for what has happened, and we just hope and pray to God
that everything's gonna be ok with my papers, hopefully.


Thanks a lot in advance

PS: In CA you dont have to enter any plea in order to qualify for pre-
trial diversion program.

Ian-Mstm

> Dear members,
> I have a question and need your advise in my case please:
> I have been arrested for shoplifting and spent a night in jail, then
> have been released, went to the public defender, pleaded not guilty.
> judge ordered me to do 40 hrs of community work, pay $250 and to go to
> the pre-trial diversion program, he gave 4 months to complete all
> that, and after that he said that all charges would be dropped and
> case dismissed, I went to court after completing all and judge told me
> that I am "clean" and that the case was dismissed.
> i completed all what i have been ordered, also i payed to the store
> and received release letter from them saying that they are releasing
> me from any claims.
>
> I have been charged with:
> a Misdemeanor, violation of section 1320(a)PC, conviction of which may
> result imprisonment in the county jail not exceeding six months, or by
> fine not exceeding One Thousand Dollars or by both.
> i dont know if any of that makes any difference, that it was
> misdemeanor (petty theft) NOT a felony
> So now my question:
>
> I am conditional resident (married to US citizen),
> about three months ago, me and my spouse filed joint I-751 to remove
> condition from my green card, we've got NOA and biometrics letter (i
> went there in August), and havent heard anything from CIS since.
> Do you guys think that "arrest" means automatic interview for I-751?
>
> Another question: When am I eligible to apply for naturalization? One
> lawyer told me that since I plead not guilty and the case was
> dismissed (and there was no conviction) that I would be eligible to
> apply for naturalization after 3 years (minus 90 days) from the date
> my green card was issued, is that true? is that possible? What papers
> do I need to prepare? I already got certified copies of all court
> minute dockets and sent along with our I-751.
>
> I am so sorry for what has happened, and we just hope and pray to God
> that everything's gonna be ok with my papers, hopefully.
>
>
> Thanks a lot in advance
>
> PS: In CA you dont have to enter any plea in order to qualify for pre-
> trial diversion program.

I'd be surprised if USCIS even knows about the arrest.



Yes, it's true... but not because your case was dismissed. It'd be true
whether or not you had ever been arrested. Applying for naturalization 3
years less 90 days is allowed for all those who became PRs based on
their marriage to a USC.

At any rate, you must disclose this arrest when you file for
naturalization. Keep copies of all the court documents.

Ian

Dan725

> Dear members,
> I have a question and need your advise in my case please:
> I have been arrested for shoplifting and spent a night in jail, then
> have been released, went to the public defender, pleaded not guilty.
> judge ordered me to do 40 hrs of community work, pay $250 and to go to
> the pre-trial diversion program, he gave 4 months to complete all
> that, and after that he said that all charges would be dropped and
> case dismissed, I went to court after completing all and judge told me
> that I am "clean" and that the case was dismissed.
> i completed all what i have been ordered, also i payed to the store
> and received release letter from them saying that they are releasing
> me from any claims.
>
> I have been charged with:
> a Misdemeanor, violation of section 1320(a)PC, conviction of which may
> result imprisonment in the county jail not exceeding six months, or by
> fine not exceeding One Thousand Dollars or by both.
> i dont know if any of that makes any difference, that it was
> misdemeanor (petty theft) NOT a felony
> So now my question:
>
> I am conditional resident (married to US citizen),
> about three months ago, me and my spouse filed joint I-751 to remove
> condition from my green card, we've got NOA and biometrics letter (i
> went there in August), and havent heard anything from CIS since.
> Do you guys think that "arrest" means automatic interview for I-751?
>
> Another question: When am I eligible to apply for naturalization? One
> lawyer told me that since I plead not guilty and the case was
> dismissed (and there was no conviction) that I would be eligible to
> apply for naturalization after 3 years (minus 90 days) from the date
> my green card was issued, is that true? is that possible? What papers
> do I need to prepare? I already got certified copies of all court
> minute dockets and sent along with our I-751.
>
> I am so sorry for what has happened, and we just hope and pray to God
> that everything's gonna be ok with my papers, hopefully.
>
>
> Thanks a lot in advance
>
> PS: In CA you dont have to enter any plea in order to qualify for pre-
> trial diversion program.

This timeline is the same as mine, and I'm as clean a a whistle. I've
heard nothing yet either, don't care either as I've got my letter that
says card is extended for a year. Wouldn't worry about it, nothing you
can do, is there, you'll either be interviewed or you won't, but your
timeline is not indicative of a problem.

Bantik2005

> I'd be surprised if USCIS even knows about the arrest.
>
>
>
> Yes, it's true... but not because your case was dismissed. It'd be
> true whether or not you had ever been arrested. Applying for
> naturalization 3 years less 90 days is allowed for all those who
> became PRs based on their marriage to a USC.
>
> At any rate, you must disclose this arrest when you file for
> naturalization. Keep copies of all the court documents.
>
> Ian

Thank you,
When we filed our I-751 there was a question if you have been arrested,
so we checked YES to that question, and then we sent all certified
copies of papers we've got from the court, including dismissal doc. So,
USCIS knows about my arrest...
I was just wondering if anyone heard or experienced about cases like
mine...
thanks

Capt. Tuttle

bantik2005 wrote:
>>I'd be surprised if USCIS even knows about the arrest.
>>
>>
>>
>>Yes, it's true... but not because your case was dismissed. It'd be
>>true whether or not you had ever been arrested. Applying for
>>naturalization 3 years less 90 days is allowed for all those who
>>became PRs based on their marriage to a USC.
>>
>>At any rate, you must disclose this arrest when you file for
>>naturalization. Keep copies of all the court documents.
>>
>>Ian
>
>
> Thank you,
> When we filed our I-751 there was a question if you have been arrested,
> so we checked YES to that question, and then we sent all certified
> copies of papers we've got from the court, including dismissal doc. So,
> USCIS knows about my arrest...
> I was just wondering if anyone heard or experienced about cases like
> mine...
> thanks
>

I know of a similar case with a J-1 visa. There was some delay and some
questioning, but in the end the visa was issued.

Workboresme

> Dear members,
> I have a question and need your advise in my case please:
> I have been arrested for shoplifting and spent a night in jail, then
> have been released, went to the public defender, pleaded not guilty.
> judge ordered me to do 40 hrs of community work, pay $250 and to go to
> the pre-trial diversion program, he gave 4 months to complete all
> that, and after that he said that all charges would be dropped and
> case dismissed, I went to court after completing all and judge told me
> that I am "clean" and that the case was dismissed.
> i completed all what i have been ordered, also i payed to the store
> and received release letter from them saying that they are releasing
> me from any claims.
>
> I have been charged with:
> a Misdemeanor, violation of section 1320(a)PC, conviction of which may
> result imprisonment in the county jail not exceeding six months, or by
> fine not exceeding One Thousand Dollars or by both.
> i dont know if any of that makes any difference, that it was
> misdemeanor (petty theft) NOT a felony
> So now my question:
>
> I am conditional resident (married to US citizen),
> about three months ago, me and my spouse filed joint I-751 to remove
> condition from my green card, we've got NOA and biometrics letter (i
> went there in August), and havent heard anything from CIS since.
> Do you guys think that "arrest" means automatic interview for I-751?
>
> Another question: When am I eligible to apply for naturalization? One
> lawyer told me that since I plead not guilty and the case was
> dismissed (and there was no conviction) that I would be eligible to
> apply for naturalization after 3 years (minus 90 days) from the date
> my green card was issued, is that true? is that possible? What papers
> do I need to prepare? I already got certified copies of all court
> minute dockets and sent along with our I-751.
>
> I am so sorry for what has happened, and we just hope and pray to God
> that everything's gonna be ok with my papers, hopefully.
>
>
> Thanks a lot in advance
>
> PS: In CA you dont have to enter any plea in order to qualify for pre-
> trial diversion program.

I was arrested (in CA) for domestic violence 4 years ago. I had to take
anger management classes and 3 months of therapy and the judge dismissed
my case (btw, the ex boyfriend totally deserved the slap I gave him).
It hasn't been an issue at all in my case - as the case was dismissed,
there is no proof of guilt. I would say you'll be ok and not to worry
about it. (Unless one of the lawyers on here can prove different.)

Bantik2005

> bantik2005 wrote:
> >>I'd be surprised if USCIS even knows about the arrest.
> >>Yes, it's true... but not because your case was dismissed. It'd be
> >>true whether or not you had ever been arrested. Applying for
> >>naturalization 3 years less 90 days is allowed for all those who
> >>became PRs based on their marriage to a USC.
> >>At any rate, you must disclose this arrest when you file for
> >>naturalization. Keep copies of all the court documents.
> >>Ian
> >
> >
> > Thank you,
> > When we filed our I-751 there was a question if you have been
> > arrested,
> > so we checked YES to that question, and then we sent all certified
> > copies of papers we've got from the court, including dismissal doc.
> > So,
> > USCIS knows about my arrest...
> > I was just wondering if anyone heard or experienced about cases like
> > mine...
> > thanks
> >
>
> I know of a similar case with a J-1 visa. There was some delay and
> some
> questioning, but in the end the visa was issued.

Thanks for you response,
was it within or outside of the states?

Bantik2005

> I was arrested (in CA) for domestic violence 4 years ago. I had to
> take anger management classes and 3 months of therapy and the judge
> dismissed my case (btw, the ex boyfriend totally deserved the slap I
> gave him).
> It hasn't been an issue at all in my case - as the case was dismissed,
> there is no proof of guilt. I would say you'll be ok and not to worry
> about it. (Unless one of the lawyers on here can prove different.)

thanks, workboresme,

what was your status back then? did you plea guilty or not?
gracias

Workboresme

> thanks, workboresme,
>
> what was your status back then? did you plea guilty or not?
> gracias

I tried to plead guilty (because I was) but the judge wouldn't let me.
He knew I wasn't fully aware of the consequences if I had have done.
I never plead at all - the judge entered a plea of not guilty on my
behalf.
I got lucky.

Don't beat your ex boyfriend up kids, it's not worth the worry! (but if
you do, draw blood next time to make sure it's worth it!)

Capt. Tuttle

bantik2005 wrote:
>>bantik2005 wrote:
>>
>>>>I'd be surprised if USCIS even knows about the arrest.
>>>>Yes, it's true... but not because your case was dismissed. It'd be
>>>>true whether or not you had ever been arrested. Applying for
>>>>naturalization 3 years less 90 days is allowed for all those who
>>>>became PRs based on their marriage to a USC.
>>>>At any rate, you must disclose this arrest when you file for
>>>>naturalization. Keep copies of all the court documents.
>>>>Ian
>>>
>>>
>>>Thank you,
>>>When we filed our I-751 there was a question if you have been
>>>arrested,
>>>so we checked YES to that question, and then we sent all certified
>>>copies of papers we've got from the court, including dismissal doc.
>>>So,
>>>USCIS knows about my arrest...
>>>I was just wondering if anyone heard or experienced about cases like
>>>mine...
>>>thanks
>>>
>>
>>I know of a similar case with a J-1 visa. There was some delay and
>>some
>>questioning, but in the end the visa was issued.
>
>
> Thanks for you response,
> was it within or outside of the states?
>

The delays were all outside the U.S.A. Once the visa was issued the
person had no problem at all upon entry or when taking a short trip home.