US citizenship - misdemeanor

[justquestion]

Hello everyone,
I am new on this forum. Please, help me out with advise. I was convicted in 2002 in Virginia with misdemianor class A (petit larseny). I was 19 when and did not speak english and didnot really understand what happen. I never was arrested, did not spend any time in jail, did not give a fingerprints-nothing. My name was misspelled on the court paperwork. My job did a background check on me and it came back clean. So, when 6 yrs ago I applied for my greencard I sad what I never been arrested or convicted. Just becouse at that point I didnot think I was. I know, i was ignorent and didnot think it thru. But immigration checked my record it came up clean. So, I got my greencard with no problems. Now, it is a time to apply for citezenship and I went to court and find out all case information and what I was convicted to petit larceny (with no probation, no jail time). So, I dont know what to do. If I admit it on the application I probably will get deported. But at this point i dont want to lay. Anyone have any advise for me? Please-HELP

 

[WBH]

But at this point i dont want to lay. Anyone have any advise for me? Please-HELP

Consult lawyers. If you dislose it on n-400 application, then you
have to also explain why you did not disclose it on I-485 form.
You have to show you did not hide it knowlingly.

 

[Bobsmyth]

Seek the advice of a good immigration to determine how failing to disclose the original conviction can affect your immigration status. At the very least, you'll have to demonstrate that you did not understand the law and immigration consequences at the time (due to poor English skills).

 

[p4spooky]

You need an immigration lawyer who is familiar with VA laws to evaluate this. He needs to evaluate whether this ommission was "material", that if you had disclosed would have required USCIS to deny your green card application. You should be OK, but you should come clean during the Citizenship process to avoid any future issues.

 

[justquestion]

I understand what i need to consult with lawyer. I am just scared to lose everything. So, maybe i should just keep my pr status and dont get a citezenship. Is it worth the risk? Do you think i can get deported?

 

[aniretake]

If you really understand that you need to consult a lawyer, what are you still doing here asking questions??? We do not know....And not applying for citizenship just bc you dont want to see a lawyer....kinda silly.

 

[WBH]

I understand what i need to consult with lawyer. I am just scared to lose everything. So, maybe i should just keep my pr status and dont get a citezenship. Is it worth the risk? Do you think i can get deported?

You look up INA 237. Theft is consider to be a CIMT. You can check if your case meet both (I) and (II) below

A) General crimes.-
(i) Crimes of moral turpitude.-Any alien who-
(I) 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 under section 245(j) ) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

Also you need to check inadmissbility under INA 212. For green card,
it is inadmissibility that is used.

So you need to examine three things
(1) whether your case is deportable or not
(2) whether your case is inadmissible or not
(3) Assuming it is OK with (1) and (2), then you have a special case,
because you did not disclose it in I-485. What is the consequence of nondiisclsoure.

 

[WBH]

(I) 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 under section 245(j) ) after the date of admission, and

You were convicted in 2002. When did you enter the US first time?
If you entered before 1997, that clause may not be applicable to you

 

[WBH]

You need an immigration lawyer who is familiar with VA laws to evaluate this. He needs to evaluate whether this ommission was "material", that if you had disclosed would have required USCIS to deny your green card application.

grounds of inadmissibility are here.

http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

A) Conviction of certain crimes.-


(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-


(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or


(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.


(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-



(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or


(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).


(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.

 

[p4spooky]

Good material WBH.

My opinion is A(I) applies BUT qualifies for Exception II and (B) does not apply.

So, even if he disclosed it, USCIS would have NOT denied his Green Card. Therefore in my opinion the ommission was not material.

Also this happened outside the stat period for Citizenship should he apply now. BUT he needs to consult an attorney BEFORE applying for Citizenship.

I went through a similar situation, did not disclose an criminal incident in my I-751 but I did in N400. I had a lawyer with me during the interview. I was questioned about the ommission, my attorney responded and the officer flew through to the next question. I am now a US Citizen.

So don't loose hope OP, get a lawyer and apply based on his advice. Consult couple of them to be sure.

grounds of inadmissibility are here.

http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

A) Conviction of certain crimes.-


(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-


(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or


(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.


(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-



(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or


(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).


(B) Multiple criminal convictions.-Any alien convicted of 2 or more offenses (other than purely political offenses), regardless of whether the conviction was in a single trial or whether the offenses arose from a single scheme of misconduct and regardless of whether the offenses involved moral turpitude, for which the aggregate sentences to confinement 2/ were 5 years or more is inadmissible.