Does Infraction charges affect US Citizenship Application?

H

help4request

New Member
I am a permanent resident (green card holder) since last 4 and half years now. I would be eligible to apply for my US Citizenship in few months. However, during this 4 and half years of my stay in US, I was charged with Petty Theft Infraction (first time offense). I was caught shoplifting at store and the officer charged me with Petty Theft PC 484-488. I hired a criminal attorney and she worked out a deal in court to get my charges reduce to Petty Theft Infraction PC 490.1. The DA finally brought down the charges from Petty Theft Misdemeanor to PC 490.1 Infraction.
I will be eligible to apply for US Citizenship in few months. I am seeking advice to find out, if Petty Theft Infraction is considered as a Crime Involving Moral Turpitude or not? Will it effect my US Citizenship Application? Will I be denied of US Citizenship? Is Infraction considered as a CMT which can effect in US Citizenship application? Kindly, please advice.
Thanks,
 
Any kind of theft within the 5-year moral character period is grounds for denial of citizenship. There is a very high chance of denial if you apply less than 5 years after the incident.

In addition, shoplifting is a deportable offense. Get a good immigration lawyer before you even think of sending in your application. Applying for citizenship makes USCIS scrutinize your past, which could lead to losing your green card.
 
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At the very least the conviction, and any probationary period needs to fall outside the 5yr CIMT window. Beyond that, seek professional advice from an attorney experienced in this area of immigration law. As Jackolantern said, USCIS is unlikely to be looking for you until you bring this offense to their attention.

By the way, plea deals and alternative sentencing generally have no effect on the "original" charges for which USCIS considers you guilty. The phrase to research is "conviction for immigration purposes".
 
hopeful44 said:
boatbod.. can you explain your last point little more?
Click to expand...

Right now I need to go to work, so I must be brief; the basic version is that USCIS considers an immigration conviction to be based on the original charges and anything you or the court may have done as a form of admission of guilt.
e.g. diversionary sentencing such as attending an alcohol education program would be considered a "guilty" plea, even if no formal sentencing was carried out. Similar for fines and reduced sentences.
 
theoratically the USCIS can hold this up against you but usually they don't as long as it is declared and it is a first time offence only.
If you don't declare it in your application ( even expunged records count for USCIS), then you are in bigger trouble...
To be on the safe side, hire an attorney but not really a must. I know folks who naturalised with 1 such offense without using an attorney.
Just stay out of trouble now.
 
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