I was admitted in the US in 2010 and became a LPR in 2014. I would like to apply for Naturalization but I am scared my application will be denied, worse, that I could be deported because in 2016 I was charged with misdemeanor retail theft. I went to court and the judge downgraded the charge from misdemeanor to summary offense which is a petty offense. The judge order a pre-trial diversion program which I did and the case was dismissed and later on expunged. I was never convicted and that was the only charge ever in my record. Any advise about my application and risk. Can the petty offense exception apply to me? Thank you all In advance.
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Applying for Naturalization with petty theft dismissed
- Thread starter Miragee52
- Start date
Option 1 Wait 5 years from date of arrest to be certain you wont be denied because of it. Walk with disposition . IO will need the original copy
Option 2 . Apply now . You may or may not be successful . Walk with Disposition .
No one here can give you reassurance as far as being successful with a Charge a litlle over 2 years old .
Assuming you were legally admitted into the country 2010 then got arrested in 2016. Thats 6 years after you entered the US if you had been arrested/convicted within first 5 years then you could have faced deportation. That doesnt apply to you though
If it were me i would wait the 5 years. Apply in 2021
Option 2 . Apply now . You may or may not be successful . Walk with Disposition .
No one here can give you reassurance as far as being successful with a Charge a litlle over 2 years old .
Assuming you were legally admitted into the country 2010 then got arrested in 2016. Thats 6 years after you entered the US if you had been arrested/convicted within first 5 years then you could have faced deportation. That doesnt apply to you though
If it were me i would wait the 5 years. Apply in 2021
I just wanted to update you all about my case. I chose to apply for citizenship and it all went well. I was approved yesterday and all the only thing asked by the IO was for me to provide the Court certified copy and the expungement document. After all, in my experience if you have a criminal record in the statutory period (3 yrs if married to US citizen or 5 yrs being LPR which was my case) you don't have to wait if your case has all the components required for the petty theft exception. Just make sure you have the court certified transcript and the certified expungement document. Also remember everything you said in your application and DO NOT LIE, it will come back and bite you. Be upfront and if you made a mistake or forgot to mention something in your application, do not panic. You can amend your application at the interview just like I did because I forgot the mention a political offense that threw me to jail back in my country of persecution. I checked no to the box EVER been to jail because I was focused to the arrest in the US only. I brought that omission up before the IO asked and I told her that the arrest/ jailtime was already mentioned by me in my asylum application and that was it she corrected that. I was approved right after my interview. Next step oath ceremony in a few weeks.
It was hard and stressful but you can do it. Just remember, as long as you were not convicted (take in consideration the immigration purposes conviction) you will be fine. Have your case reviewed by an attorney but you don't need one at the interview.
Good luck to you will and be blessed.
It was hard and stressful but you can do it. Just remember, as long as you were not convicted (take in consideration the immigration purposes conviction) you will be fine. Have your case reviewed by an attorney but you don't need one at the interview.
Good luck to you will and be blessed.
I just wanted to update you all about my case. I chose to apply for citizenship and it all went well. I was approved yesterday and all the only thing asked by the IO was for me to provide the Court certified copy and the expungement document. After all, in my experience if you have a criminal record in the statutory period (3 yrs if married to US citizen or 5 yrs being LPR which was my case) you don't have to wait if your case has all the components required for the petty theft exception. Just make sure you have the court certified transcript and the certified expungement document. Also remember everything you said in your application and DO NOT LIE, it will come back and bite you. Be upfront and if you made a mistake or forgot to mention something in your application, do not panic. You can amend your application at the interview just like I did because I forgot the mention a political offense that threw me to jail back in my country of persecution. I checked no to the box EVER been to jail because I was focused to the arrest in the US only. I brought that omission up before the IO asked and I told her that the arrest/ jailtime was already mentioned by me in my asylum application and that was it she corrected that. I was approved right after my interview. Next step oath ceremony in a few weeks.
It was hard and stressful but you can do it. Just remember, as long as you were not convicted (take in consideration the immigration purposes conviction) you will be fine. Have your case reviewed by an attorney but you don't need one at the interview.
Good luck to you will and be blessed.
Thanks much for sharing your case. I am in the same boat and do realize I made a mistake. Can you please tell me how did you get the expungement document? I am in Georgia and I have the Court Disposition document all which says is Case Dismissed since I enter Pretrial Diversion program. However every time I go to court to request expungement document they aren't able to provide anything other than a citation looking document that says case dismissed. Records are expunged as are done with pre-trial diversion program in GA. Did you get any proof of Pre-Trial Diversion program? I have a interview coming up in 2 weeks... any response will be helpful.
@ak1408 - I am not sure how did your interview go.
My experience is almost very similar to Miragee52.
I have been a GC holder since 2011. I applied for citizenship in 2018. My bad time - I was charged with a petty crime in Dec 2018. Yet, I worked with my municipal court and had the case dismissed. In the mean time, I had my interview scheduled by June 2019. I was in the middle of taking care of the crime, so, I requested them to reschedule. I was rescheduled for Feb of this year. Substantial delay is good for me and I took care my case well. I also got the certified copy of my disposition.
So, on the day of interview, I was asked questions about arrest and if I was convicted or not. I honestly answered those questions. I provided them the certified copy. My case was still reviewed after the interview and it was not approved right away. I waited for 3 to 4 weeks. My application got approved on Mar 16th, just before COVID shutdown. I did not get oath letter till mid of June. My oath was scheduled for the last week of June.
Key facts: No conviction; Case must be dismissed be it a dismissal due to wrong charge or dismissal by deferred disposition; No jail sentence at all and if the court disposition simply says, " case dismissed", then, there is no need to worry in applying for citizenship and getting an approval. Even if there is a day jail sentence and case was not dismissed, it is a big problem, though one could be eligible for petty offense exception, more likely, one has to wait for 5 years. If one is not eligible for petty offense exception, do not even think about applying for US citizenship.
My experience is almost very similar to Miragee52.
I have been a GC holder since 2011. I applied for citizenship in 2018. My bad time - I was charged with a petty crime in Dec 2018. Yet, I worked with my municipal court and had the case dismissed. In the mean time, I had my interview scheduled by June 2019. I was in the middle of taking care of the crime, so, I requested them to reschedule. I was rescheduled for Feb of this year. Substantial delay is good for me and I took care my case well. I also got the certified copy of my disposition.
So, on the day of interview, I was asked questions about arrest and if I was convicted or not. I honestly answered those questions. I provided them the certified copy. My case was still reviewed after the interview and it was not approved right away. I waited for 3 to 4 weeks. My application got approved on Mar 16th, just before COVID shutdown. I did not get oath letter till mid of June. My oath was scheduled for the last week of June.
Key facts: No conviction; Case must be dismissed be it a dismissal due to wrong charge or dismissal by deferred disposition; No jail sentence at all and if the court disposition simply says, " case dismissed", then, there is no need to worry in applying for citizenship and getting an approval. Even if there is a day jail sentence and case was not dismissed, it is a big problem, though one could be eligible for petty offense exception, more likely, one has to wait for 5 years. If one is not eligible for petty offense exception, do not even think about applying for US citizenship.
I need your guidance on this.@ak1408 - I am not sure how did your interview go.
My experience is almost very similar to Miragee52.
I have been a GC holder since 2011. I applied for citizenship in 2018. My bad time - I was charged with a petty crime in Dec 2018. Yet, I worked with my municipal court and had the case dismissed. In the mean time, I had my interview scheduled by June 2019. I was in the middle of taking care of the crime, so, I requested them to reschedule. I was rescheduled for Feb of this year. Substantial delay is good for me and I took care my case well. I also got the certified copy of my disposition.
So, on the day of interview, I was asked questions about arrest and if I was convicted or not. I honestly answered those questions. I provided them the certified copy. My case was still reviewed after the interview and it was not approved right away. I waited for 3 to 4 weeks. My application got approved on Mar 16th, just before COVID shutdown. I did not get oath letter till mid of June. My oath was scheduled for the last week of June.
Key facts: No conviction; Case must be dismissed be it a dismissal due to wrong charge or dismissal by deferred disposition; No jail sentence at all and if the court disposition simply says, " case dismissed", then, there is no need to worry in applying for citizenship and getting an approval. Even if there is a day jail sentence and case was not dismissed, it is a big problem, though one could be eligible for petty offense exception, more likely, one has to wait for 5 years. If one is not eligible for petty offense exception, do not even think about applying for US citizenship.
I was charged with a petty theft misdemeanor this year. The case was dismissed. I am a condition permanent resident and due for removal of conditions in 2023.
My case qualifies for the petty offense exception. My question is do i need to wait for 5 years before filling my application for removal. My 1st day of admission was 2013 but i usually go home and return back.
do you guys think i can file my I-751