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Shoplifting and N400

Los Angeles, CA |

My Daughter caught shoplifting 2 years ago. Cops were NOT involved (not arrested , no charges). The LP questioned her, took the item back and also took a photograph/ID number/BOB of her and let her go. She filed her N400 for naturalization and her interview is scheduled end of this month. Will she going to have a problem with her naturalization because of the above mentioned incident?

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Attorney answers 5

Posted

An applicant for naturalization must show, among others, that they are of good moral character. A question that could pop up by the officer is whether she committed any crime for which she was never arrested or or convicted. If she tries to cover this fact up, and USCIS somehow knows about it, this can be seen as lack of good moral character. She should not lie because she will be under oath; however, if the subject is not brought up, she shouldn't volunteer it either. While it probably will not be a problem, based on the facts as you state them, it would be a good idea to consult with an immigration attorney before having the interview.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Excellent advice.

David L Le Roy

David L Le Roy

Posted

Thank you Ms. Brost. Much appreciated!

Posted

Not a very good combination. No, she should not have any problem. Not on the facts presented.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I am just curious, how did you figures that out she had committed shoplifting? Were you there during what you call an incident? She was not charged with a crime, after all.

Asker

Posted

I was not there, but she did told me. Since it was the first time she got caught they have let her go without calling the cops

Posted

If she was not charged, it should be ok, but if there is any record of this it is bound to come up.

Gunda J. Brost Brost Law Office This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Asker

Posted

what do u mean by bound to come up? copes were not involved or she was not charged, so you think it's gonna still be in her records?

Gunda Johanna Brost

Gunda Johanna Brost

Posted

I said "if" there is a record. Your guess is as good as mine since I have not seen the papers if any exist in question.

Posted

Since there was no conviction or arrest for that matter, this should not present a problem for your naturalization application.

Posted

Normally no if she answered the questions truthfully but a question on the application asks if she ever committed an offense for which she was not arrested. How did she answer? Did you consult an attorney before filing?

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