Denied because of shoplifting

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prudens

New Member
Hi,

A friend of mine got her N-400 denied because of "moral turpitude." She had the following:
  1. Theft of Property
  2. Robbery, theft of property and aggravated assault
  3. Theft of property and aggravated assault

What should she do next? Should she file for a hearing or no? It says the decision becomes final after 30 days. If she lets the decision to become final, can she re-apply next year? I heard about the 5 year rule, her last charge was in July of 2009, if she re-applies next year, will her charges still appear and be a problem?

Many thanks in advance.
 
That's a lot, especially if those are three different incidents, not charges piled on for the same incident. She definitely has no chance of being approved until 5 years have passed since the last of those convictions. But those offenses are serious enough that she might be deportable and permanently ineligible for naturalization. She should see an immigration lawyer before reapplying.
 
prudens said:
Hi,

A friend of mine got her N-400 denied because of "moral turpitude." She had the following:
  1. Theft of Property
  2. Robbery, theft of property and aggravated assault
  3. Theft of property and aggravated assault

What should she do next? Should she file for a hearing or no? It says the decision becomes final after 30 days. If she lets the decision to become final, can she re-apply next year? I heard about the 5 year rule, her last charge was in July of 2009, if she re-applies next year, will her charges still appear and be a problem?

Many thanks in advance.
Click to expand...

All look like deportable offenses and there is no statutory period for deportable offense. Your friend will be lucky
if USCIS does not initialzate a removal proceeeding
 
Jackolantern said:
That's a lot, especially if those are three different incidents, not charges piled on for the same incident. She definitely has no chance of being approved until 5 years have passed since the last of those convictions. But those offenses are serious enough that she might be deportable and permanently ineligible for naturalization. She should see an immigration lawyer before reapplying.
Click to expand...

It is amazing that the OP or OP's friend dare to file application without consulting a laywer in the first place with so
many offenses in the first place. It is a classical example of lack of common sense. Robbery and aggravated assault
are most likely felony rather than petty misdeamnor
 
I am still wondering sometimes why or how, someone -not american- will be specially on american soil and do such things.
From what I see in this forum, is it common. I am thinking may be economic hardship.
 
GCman2005 said:
I am still wondering sometimes why or how, someone -not american- will be specially on american soil and do such things.
From what I see in this forum, is it common. I am thinking may be economic hardship.
Click to expand...

I bet the OP's friend first moved to the US at a very young age (under 15). Criminal behavior is rare among immigrants who moved to the US legally as adults, but those who immigrated very young commit crimes at about the same rate as born Americans.

Those who immigrated very young weren't directly exposed to the rigors of the green card process and many didn't learn to appreciate the privilege of immigrating and the extra importance of staying out of trouble as an immigrant. By immigrating young they got too comfortable in their status, picking up bad behaviors from their American friends who don't have the same severity of consequences if caught in a crime.
 
i consider theft to be a serious crime. I'd be ashamed of being charged with a thievery even if the case gets dismissed.
 
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