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Know of any w/ THEFT criminal record but still received CITIZENSHIP?
- Thread starter mxl180
- Start date
I'm worried cause I had a misdemeaner when I was 19. Now i'm 26. Currently permenant residence.
For immigration purposes, it all depends on what the charges and sentence was. You may want to contact an immigration lawyer who specializes in criminal law to make sure your conviction doesn't bar you from naturalization or that it isn't a deportable offense.
I'm worried cause I had a misdemeaner when I was 19. Now i'm 26. Currently permenant residence.
Yes, you need legal advice for your case and you should sure that you have someone behind you before applying.
Jackolantern
Registered Users (C)
However, what matters is whether it is an aggravated felony under immigration law, not state law. Immigration law reclassifies many misdemeanors into aggravated felonies. The poster needs to see a lawyer before applying, as he/she is risking possible deportation.For deportation, it has to be agravated felony in criminal record.
What were the charges? In what state? Under what section of the law?I had a misdemeaner when I was 19
What was the amount you stole? What is the maximum penalty under that section of the law?
What was your sentence?
Did you get GC AFTER you committed the crime? Did you mention about the crime committed on your GC application?
Citizentobehz
Member
For deportation, it has to be agravated felony in criminal record. Bobsmith, you seem very involved, can you find any more stories on this forum about this?
Under immigration laws, "Agravated felony" is different from State law definition. For example, any felony conviction under state law with resulted two years or more in prison sentencing, COULD be seen as "Agravated felony" under immigration law. Theft with 6 months in presion sentencing possibility under state law is classified as "Agravated Felony" under immigration purpose. There are some relief available, it all depends on particular circumstance....
So, before apply for citizenship, make sure discuss experiences attoney with all the details.
Remeber, I am not an attoney by any stretch of immagination.
JohnnyCash
Volunteer Moderator
I'm worried cause I had a misdemeaner when I was 19. Now i'm 26. Currently permenant residence.
Do not even consider filing any application with USCIS without first talking with an immigration lawyer, a good one. Also, make sure to show him/her all the paperwork in respect to your criminal case. Otherwise, not only your application for naturalization would be denied, but also you will be deported.
By the way, what kind of theft you are talking here? Was it a shoplifting? Which state it occured, what was the conviction, is this occured before you obtaining LPR or later?? You have to give a bit more information to evaluate your case....
And yes, there was a case more than two years ago wherein a woman from NJ was able to get approval on her shoplifting charge/conviction. I challenged her that her approval was a mistake on officer's part because shoplifting is a crime of moral turpitude and a ground for deportation. Do not forget that sometimes officers do make mistake. Other than her case, there was never an approval I've seen in my life in a case of theft unless that crime was committed before 1996 when laws changed in this respect. If you visit many lawyers' sites, you would see them advising immigrants to proceed only after talking with lawyers. Mrs. Murthy's website is one of them...
http://www.murthy.com/
Anyway, we are just beating the drums without knowing your specific situation in respect to the criminal case. So, without knowing more facts, I personally cannot comment on it...If you don't feel talking over here, I would suggest you to speak with at least 4 very good immigration attorneys to decide if you should go ahead in filing the application or not. Just you to know, whether a crime is a felony or not, it could still be a deportable crime given federal and state criminial statutes...And a crime of Moral Turpitude is a deportable offense regardless of anything....
http://www.nysda.org/idp/webPages/citizenshipAlert.htm
Good luck....
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I'm worried cause I had a misdemeaner when I was 19. Now i'm 26. Currently permenant residence.
Mxl180, You need to consult an immigration lawyer first before you apply for N-400. We are here providing opinions and advices, but we are neither experts nor lawyers. We, of course, will help you and guide you.
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