Applying N-400 with prior misdemeanor

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Niki08

New Member
Will I be safe to apply the citizenship? I came to US in 2003, hold 10 years Green Card. I committed a crime in 2005 when I was 18, case was charged in 2006 (pc 484/487(b)(3). It said on the deposition “who did as a servant, agent and employment of... unlawfully take from... personal property, money, of an amount value exceeding $400”). I did not have any sentences, 2 years probation and expunged 2008 In 2011, I was charged with a trespassing (pc 602k). It was a petty theft, but my attorney got it down to trespassing charge. 2 years probation and early expungement was allowed, but I got it done 2013 Since then, I have nothing else. Not even a traffic ticket I went to the most prestigious university in CA. Got married. Bought houses. Got a job. Then have my own rental business. Had twins. My parents are US citizen since 2008. My husband and kids are citizens at birth. Made many donation and charity works yearly.
 
I believe you will be fine, you have >5 years of good moral character to show, but you may want to check with an attorney before you file. Remember even if expunged you have to list the offense on the n400 form.
 
Most of attorney said it should be ok. I’m not sure if I should prepare it and do everything myself or let the lawyers doing all the works. Any thoughts?
 
Niki08 said:
Most of attorney said it should be ok. I’m not sure if I should prepare it and do everything myself or let the lawyers doing all the works. Any thoughts?
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your application is straight forward. Just list the arrest have the court Disposition on hand and you're good.

Hiring a lawyer for this doesn't make sense , but whose to tell another what to do with their money !!
 
SusieeQQQ and Jbuff, Thank you for your advises!
I am always worried because what if I miss a documents or answer something wrong and that can jeopardize everything
Also, in CA, misdemeanor has maximum sentence of 364-days or less and the law was retroactive for cases before 2015. However, BIA recently rejected one of the misdemeanor cases, so I start worrying if my 2006 conviction would be not qualified for petty offense exemption. Any thoughts??
 
Also, i know 602k isn’t a CIMT conviction. However, one of the attorney I consult brought up the point that USCIS may consider as CIMT, but it’s arguable (because I was charged for 484, but charge was dismissed and I pledged no guilty. My attorney negotiated Nolo 602k misdemeanor)
Please, any thoughts???
Thank you!
 
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