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US citizenship application, don't know if I should mention about

Elmhurst, NY |

an incident happened 5 years ago during which I was falsely accused of shoplifting and at the end I was told that they believed me but just in case they would keep my info and the paper I signed (which was explaining what had happened without accepting the accusation) in their records for a while. There was no police, no charges, I didn't get a civil demand either. Since there was no arrest, I assume my criminal and civil record is clean. Do you think I should mention about this in the application form or during citizenship interview?

So the question asking: Have you ever committed a crime or an offense for which you were not arrested? The answer would be "no" I guess because I was accused of but not committed a crime... Is that right? And also is this issue would be a crime or an offense or a disorderly conduct? When they do background check to verify the application form info, this issue would not be picked up because no police was involved, is that right? I really appreciate your answers.

Attorney Answers 3

Posted

Who falsely accused you and made you sign a statement? While it is important that you tell the truth about this issue in order to exhibit good moral character, I don't necessarily see where you can mention it on the application if law enforcement wasn't involved. You could mention it during the interview, but make sure you bring a letter from the police department where the store is located to show that they do not have any records of an incident report or arrest.

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Posted

Thank you so much for your in detail and thoughtful answer. So the question asking: Have you ever committed a crime or an offense for which you were not arrested? The answer would be "no" I guess because I was accused of but not committed a crime... Is that right? And also is this issue would be a crime or an offense or a disorderly conduct? I will very likely to disclose it during the interview because it bothers me. But when they do background check to verify the application form info, this issue would not be picked up because no police was involved, is that right? I really appreciate your help.

Kaela Anne Meyers

Kaela Anne Meyers

Posted

Correct, the answer would be "no" because the police were not involved. If the police were not called and charges were not filed, then you would mark "no" on the form. You can mention it during the interview, but be sure to bring documentation that you have no criminal record because the officer may ask for it.

Posted

Always, always, always tell the truth, the whole truth, and nothing but the truth on all forms.

www.capriotti.com -- franco@capriotti.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.

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Posted

Thank you for the reply. I am of course planning to be honest. But in the application form it is asked "If you have ever been arrested or detained by any law enforcement officer for any reason, and no charges were filed; send... ". But I wasn't arrested or detained by a police and didn't get any notices, charges or documents.Therefore I have nothing to send at hand. So, that is why I wanted to be sure to say "no" to this question...

Posted

You will seriously prejudice your case if you are not truthful with USCIS. Never lie. Never assume anything. If you were arrested, say you were arrested. If your were not, then you were not arrested.

Good luck!

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