Voluntary Disclosure

Aggie Hoffman

Am I supposed to voluntarily disclose any conviction at I-485 interview even if such a question was not asked? I had a conviction (shoplifting convicted as unauthorized use of property, misdemeanor of 4th degree) before I-485 interview but not question about this was asked at the interview. I did not mention this either at the interview (I-485 form was filled out before the offense occurred). Now time’s up for me to either renew the green card or apply for naturalization. I consulted some attorneys and some says that I was supposed to voluntarily disclose the conviction at the I-485 interview, but I didn’t know this at the time of the interview. I’d like to know will this be considered as a fraud while I apply for renewal of green card or naturalization? Also between the time I received the green card and over five years ago, I had another conviction of same nature. What is my option now?

The questions on the I-485 specifically ask whether you have ever been arrested or convicted. See part 3, C, 1. The form is also signed under penalty of perjury. So, it appears that you were untruthful and lied under oath.

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