Applying for US Citizenship. Have a few questions.

[zerovandez]

My parents were refugee's from Cambodia, I was born in the Philippines and arrived in the U.S. when I was around 2 years old. I do have a permanent resident alien card but it's out of date. I'm 30 years old now and I'm interested in applying for U.S. Citizenship.

About 7 years ago, I had a "hick-up" with the law. It's something I'm ashamed of and do not wish to discuss it in detail. Charges were dropped to a misdemeanor, and later I expunged it. Will this hurt my eligibility?

Also, how do I go about retrieving my birth certificate from the Philippines. It's needed for this process right?

What's the best way to go about this? I'm not sure if being here in the U.S. for so long will help anything or entitle me to any benefits. Or, is it as simple as applying and paying for it using the online forms?

 

[-me-]

About 7 years ago, I had a "hick-up" with the law. It's something I'm ashamed of and do not wish to discuss it in detail. Charges were dropped to a misdemeanor, and later I expunged it. Will this hurt my eligibility?

It possibly can, however it highly depends on the ... details. So, you either share it or discuss it with a laywer privately.
Expunged cases are also taken into consideration during the naturalization process

 

[zerovandez]

I was arrested for theft. I wasn't armed. I didn't hurt anyone. I didn't make any threats. Just simply caught for theft of an item worth over $400. I don't have any priors nor do did I commit any other crimes after. I don't have unpaid tickets etc.

 

[-me-]

Grand theft in which state? The fact that it was downgraded to misdemeanor does not help for naturalization, since USCIS always considers the original crime and the maximum conviction for it.

BTW, did your parents naturalize?

 

[zerovandez]

In California. Dang it. At the time of arrest, my representative guy said that I shouldn't apply for naturalization until after 5 years have passed with practicing good moral which I have done.

My father naturalized before I turned 18, my mother just recent. I did look into this a few months ago but found I was not eligible for citizenship through parents naturalization. I forget the actual reasons but it had something to do with a time limit or expiration...

 

[BigJoe5]

In California. Dang it. At the time of arrest, my representative guy said that I shouldn't apply for naturalization until after 5 years have passed with practicing good moral which I have done.

My father naturalized before I turned 18, my mother just recent. I did look into this a few months ago but found I was not eligible for citizenship through parents naturalization. I forget the actual reasons but it had something to do with a time limit or expiration...

It looks like you just barely missed out of derivative citizenship. The change in the law became effective Feb 27, 2001, at which time IF you had at least one naturalized parent and were under 18, you would likely have become a USC automatically, I think you just missed it.

It would appear that you have one minor petty theft (was it actually the shoplifting infraction?) which might or might not have met the exception. Either way, 5 years has passed and there were no additional violations so, go ahead and file an N-400.

Your birth record is already in your immigration A-File. Don't waste money on an I-90 to renew your greencard, just file the N-400.


Best wishes, you should have no problems with the Civics and English portions and have presented no real issues of concern.

 

[-me-]

It would appear that you have one minor petty theft (was it actually the shoplifting infraction?)

It's a grand theft in CA.

In California. Dang it. At the time of arrest, my representative guy said .

He was a smart fella.

Technically, your crime may be considered as CIMT (again, depends on the details), but it outside of the statutory period. IO will certainly review it, but if you can show that you are on your way to rehabilitation (no crimes, offences, excessive trafic tickets, etc, you have a job, home, etc), then you should be ok for naturalization.

However, it highly depends on the details. Since you are a bit shy to reveal it, I would suggest you have an immigration lawyer consultaion, when you can tell him/her everything and get a legal advice.

 

[zerovandez]

It was theft from a former employer of mine. There wasn't any violence. I was graceful in my arrest and I did give some helpful information to catch other thieves in their store as well. I was fully cooperative with all of their questions. Those were about the gist of the details. I simply got greedy and paid the ultimate price.

 

[Jackolantern]

My father naturalized before I turned 18, my mother just recent.

Were your parents divorced or separated before you turned 18? If yes, were you living with your father after they separated?

Also, how do I go about retrieving my birth certificate from the Philippines. It's needed for this process right?

They usually don't ask for it unless there is a discrepancy somewhere with your name or date of birth (e.g. name has different spelling in your green card and passport). But it's a good idea to have it in case they ask for it. The Philippines has multiple consulates in the US, contact one of them to see if they provide any services for obtaining your birth certificate. If they don't, you'll probably have to ask your family in the Philippines or a lawyer there to help you obtain it.

If you don't qualify to derive citizenship through your father, you could potentially be deported for that incident, depending on the details of the crime. So make sure to consult an immigration lawyer before you apply, and show them all the paperwork you have for that offense.

 

[zerovandez]

If you don't qualify to derive citizenship through your father, you could potentially be deported for that incident, depending on the details of the crime. So make sure to consult an immigration lawyer before you apply, and show them all the paperwork you have for that offense.

Yes, that's what I want to avoid. But as the other user posted, I think I missed that window of opportunity anyways. So it sounds like I should be in the clear to at least apply and try. Are there any other technicalities?

I hear there was some law that recently passed for greencard holders that would allow for a "special" way to apply for citizenship? Not sure, but I overheard that somewhere...

 

[-me-]

If you don't qualify to derive citizenship through your father, you could potentially be deported for that incident, depending on the details of the crime.

Single simple CIMT after 5 years from the day of admission is not deportable. From his explanation, it wasn't an aggravated felony... Again, if there are some other hidden skeletons in closet, then the outcome might be opposite

 

[Jackolantern]

Yes, that's what I want to avoid. But as the other user posted, I think I missed that window of opportunity anyways.

Not necessarily. You turned 18 too early for the new rule, but you might qualify under the old rule if your parents were divorced or separated. That's why I asked about the separation above.

So it sounds like I should be in the clear to at least apply and try. Are there any other technicalities?

You haven't provided enough information to conclude that you're in the clear. We haven't seen the court paperwork and we're not lawyers. You could be deported it it's classified as an aggravated felony. Note that there some misdemeanors under state law that are aggravated felonies under immigration law. Don't apply before you see an immigration lawyer who has reviewed the details of your case.

 

[Jackolantern]

Single simple CIMT after 5 years from the day of admission is not deportable.

It appears to be a simple CIMT, but it could be more serious than it appears. OP needs to consult a lawyer. People have been deported for shoplifting.

 

[-me-]

It appears to be a simple CIMT, but it could be more serious than it appears. OP needs to consult a lawyer. People have been deported for shoplifting.

I completely agree that getting a legal advice on this case is absolutely required. However, based on the provided facts and assuming that zerovandez was totally honest here ... my personal opinion is that he's ok for naturalization. In CA, if the grand theft qualified as misdemeanor, it can be punished by up to one year in county jail. If it's qualified as a felony, it can get you behind the bars for a bit longer. This is how shoplifting (as well as any other GT) can be deportable.
Again, it's just my personal opinion, based on the facts provided. It's not a legal advice whatsoever...