chirag11 said:
It was stupid of me to do shoplifting. I was arrested, fined, fingerprinted and got 3 year probation with misdemeanor charge. My probation completed January last year (2005). I looked at requiremnts for N400, and it said I should have good moral character, but for some crimes, I must wait for some time befire I apply. If I apply for citizenship now (its March 2006 now), will I be ok in general scenario? I currently have greencard and have been in US since 1999. I did not get any other tickets or any other legal problem besides this. Is it ok to apply now? if not when can I?
Thanks
- confused stupid
It varies greatly, depending on state you live in.
Look at those paragraphs below, from another website, but don't take it to the letter.
Definately consult an attorney, and to be on the safe side I would sugest to wait some time. I wasn't in exactly same situation, but was advised to wait at least five years before applying. I waited, applied, had problem with my application being stuck in background check because of record existing, sued for delay(without attorney), but finally scheduled for Oath Ceremony.
So do lots of research, before applying. And to be on the safe side, wait to make sure You present long enough in U.S. to be eligible for 212(c) waiver(The purpose of the waiver is to protect from deportation those individuals who undoubtedly have rehabilitated and reformed their lives, and to ensure unification of the family.)
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"Because shoplifting is a crime involving moral turpitude, it normally triggers the inadmissibility provision. However, if this is the applicant’s only offense anywhere including the United States and any other country, he or she might be eligible for the petty offense exception. To be eligible, she must meet the following requirements: the alien has committed only one crime of moral turpitude; the maximum penalty possible for the crime for which the alien was convicted did not exceed one year of imprisonment; and the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied. If there are multiple convictions, inadmissibility will likely be triggered.
Under the immigration law, an alien is deportable if: the alien is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status) after the date of admission, and the alien is convicted of a crime for which a sentence of one year or longer may be imposed.
If the maximum period of incarceration possible for this offense is less than one year, which is usually the case for minor shoplifting convictions, this should have no application. However, some States treat more serious theft offenses or burglary offense as aggravated felony for which the term of imprisonment is at least one year. In such cases, of course, deportation grounds can apply to the violator."
hi! you better to get a good lawyer my husband had a mistaminor also and because he didn't wait 6 years after the exact final of the probation it was also for a stupid thing that it doesn't need to be mention because it's a stupid story but he got denied! he went without lawyer because he didn't feel guilty of anything so... but got srewed up and the good thing is that they didn't try deportation after.... because when they denied your citizenship they can start deportation! now he has to wait a fews more months before applying again! because it will be 6 years in august that the last day of final thing for the court that he had!