Please reply - Citizenship will be granted or not

akt2011

Registered Users (C)
I am GC holder since Jan 2005 and planning for filing N-400 Application form. I was convicted for Shopligting in GA in Year 2008 and charged with around $500 fine and Judge told me that this will not show as public record.

Questions:

1) Under Part 10 (Good Moral Character) what should I mention for Question number 15 thru 21 and what kind of document need to submit with application form?
2) If I submit the Form N400 then am I going to get approved?

Please reply, Many Thanks
 
Shoplifting can be a deportable offense, depending on the specifics of the case. See an immigration lawyer before you apply and have them review the details of your court paperwork to figure out if your case is a deportable offense.

What the judge said is true about public records, but the incident will still show up in the background checks ordered by USCIS.

And you have no chance of being approved if you apply now, since you must wait at least 5 years after the conviction (unless you qualify based on 3 years of marriage to a US citizen, in which case the wait is 3 years which would end sometime this year).
 
How come a mere small shoplifting becomes a deportable offense while applying for Citizenship? Please let me know if such incidents occured in past.

Can you or anyone send any such rules/law which I can read?
 
How come a mere small shoplifting becomes a deportable offense while applying for Citizenship? Please let me know if such incidents occured in past.

Can you or anyone send any such rules/law which I can read?

In principle, even a shoplifting conviction could make one deportable under some circumstances.

See: http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
"(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 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable.

(ii) Multiple criminal convictions. Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable."

Any kind of theft is a crime involving moral turpitude, so if the specific state statute under which you were convicted allows for a sentence of one year or more (even if you received no jail sentence), and if the conviction occurred with 5 years of your initial admission to the U.S. [which is probably not the case for you], then (A)(i) above would apply.

Also, if one has more than one criminal conviction for crimes involving moral turpitude (even if they are for minor theft offenses), then (A)(ii) above applies.

IMO, it is fairly unlikely that you are deportable, although it is a good idea to check with an immigration lawyer on this point before submitting an N-400.

However, regardless of the deportability question, you are, for the moment, not eligible for naturalization because of your 2008 shoplifting conviction. Any theft is a CIMT (crime involving moral turpitude); by law, you cannot be found to have good moral character if at the time of filing N-400 you have a CIMT conviction that is less that 5 years old (3 years for marriage-based naturalization cases):
See 8 C.F.R. § 316.10:
http://law.justia.com/cfr/title08/8-1.0.1.3.68.0.1.7.html
"(2) An applicant shall be found to lack good moral character if during the statutory period the applicant:
(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;"

So you need to wait at least 5 years from the date of your 2008 shoplifting conviction (3 years, if N-400 is based on marriage to a U.S. citizen) before you can file N-400.
 
Question: Is there any way I can find out from Immigration officer visiting there office on this case. Please advice since this was a mere $123 shoplifting case in 2008.
 
I am GC holder since Jan 2005 and planning for filing N-400 Application form. I was convicted for Shopligting in GA in Year 2008 and charged with around $500 fine and Judge told me that this will not show as public record.

Questions:

1) Under Part 10 (Good Moral Character) what should I mention for Question number 15 thru 21 and what kind of document need to submit with application form?
2) If I submit the Form N400 then am I going to get approved?

Please reply, Many Thanks

Be honest and admit it on the N-400. Contact the Court where this took place and ask for a final disposition.

A shoplifting offense in GA is described here: http://law.onecle.com/georgia/16/16-8-14.html

All theft and fraud are by their very nature CIMTs (Crimes Involving Moral Turpitude). Yours is minor and should meet the exception provided by statute.

8 CFR 316.10 (b)(2) temporary bar for 5 years (or 3 if married to a USC) from date of commission (the date of the offense/arrest).

(i) Committed one or more crimes involving moral turpitude, other than a purely political offense, for which the applicant was convicted, except as specified in section 212(a)(2)(ii)(II) of the Act;

INA (a)(2)

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


Your offense meets the exception and your sentence meets the criteria. This will not prevent naturalization and is NOT A GROUND FOR DEPORTATION.
 
Question: Is there any way I can find out from Immigration officer visiting there office on this case. Please advice since this was a mere $123 shoplifting case in 2008.

They won't give you a reliable answer regarding the deportability. Shoplifting sometimes is deportable, sometimes it's not. It depends on the specifics of the crime and how the particular state qualifies it. You'll have to consult a lawyer who can review the specific details of your specific case.
 
They won't give you a reliable answer regarding the deportability. Shoplifting sometimes is deportable, sometimes it's not. It depends on the specifics of the crime and how the particular state qualifies it. You'll have to consult a lawyer who can review the specific details of your specific case.

Why are you trying to scare this person? Are you just in a bad mood? It's not like you.
 
Why are you trying to scare this person? Are you just in a bad mood? It's not like you.

Somebody who committed a potentially deportable offense should be scared, and should not rely solely on an anonymous message board of people who haven't seen the complete facts of the case such as what exact offense/statute was charged and pleaded (layman usage of the term "shoplifting" doesn't mean that was the exact statute involved), and whether there was probation and has it been completed without violations.
 
Yes I did wrong and I have regret for it. I got carried away and shoplifted $123 items. But I need an honest answers from experts like you guys. This is an open forum so everyone can put advice/knowledge on this.

Bottomline, please provide some accurate and authentic laws/rules on this case what are chances of granting citizenship since I can't invest hiring a lawyer.

Many Thanks
 
But I need an honest answers from experts like you guys.

People have asked you for the specifics ... statute, specific charges, dates (of judgement, of case closure) and so on. Without that ... it is only guesses.
With the information also ... it will be slightly more educated guesses.
 
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