Petit Theft (under $200). Could this affect my Citizenship, or should I wait 5 years?

[zonryza]

Hi. My friend is now eligible to become a US Citizen. However, in 2009, he was charged with a misdemeanor theft charge, under $200, in Virginia. The statute # is 18.2-96, which reads:

§ 18.2-96. Petit larceny defined; how punished.

Any person who:

1. Commits larceny from the person of another of money or other thing of value of less than $5, or

2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

So, would this affect his ability to gain Citizenship now that he's eligible? Or should he wait 5 years from the date of the conviction. (Mind you, he paid everything, restitution, etc etc etc)

 

[Bobsmyth]

What was the maximum sentence possible, and the actual sentence for the charge?

 

[zonryza]

Hi. I verified with my friend (just called him, actually). He said that the sentence was actually 30 days, but the court was satisfied with the 2 days he spent in jail. He paid court costs, fines, and restitution ($10 for the beef that he stole), and re-imbursed the state for $200-something dollars for everything (including a small Public Defender fee) Hope this helps!

 

[Bobsmyth]

Petit larceny is CIMT and as such precludes him from demonstrating GMC. He would need to wait 5 years after the conviction to apply for citizenship.
Since the maximum possible sentence for a class 1 misdemeanor in Virginia is up to 12 months and he committed the crime within 5 years of entry into the US, his immigration status might be in jeopardy if he travels outside the US or applies for any type of immigration benefit (which can trigger a notice to appear).
Have your friend consult an immigration lawyer specialized in criminal law to discuss in further detail the consequences of his conviction and look over the case details.

 

[baikal3]

Hi. I verified with my friend (just called him, actually). He said that the sentence was actually 30 days, but the court was satisfied with the 2 days he spent in jail. He paid court costs, fines, and restitution ($10 for the beef that he stole), and re-imbursed the state for $200-something dollars for everything (including a small Public Defender fee) Hope this helps!

The actual sentence he receive is not really relevant. What matters, in terms of potential deportability, is the maximum sentence he could have received for the Class 1 misdemeanor conviction.

In terms of naturalization eligibility right now, as pointed out by Bobsmyth, petit theft is a CIMT. Thus, under CFR8§316.10(b)(2)(i), he is currently statutory ineligible for finding of good moral character and this statutory ineligible for naturalization (since the CIMT offense in question happened less than 5 years ago, that is, within the statutory period). See:
http://law.justia.com/cfr/title08/8-1.0.1.3.68.0.1.7.html

A better question is what the potential possible consequences are in terms of deportability.
See http://www.law.cornell.edu/uscode/8/usc_sec_08_00001227----000-.html
"(2) Criminal offenses
(A) General crimes
(i) Crimes of moral turpitude Any alien who—
(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 1255 (j) of this title) after the date of admission, and
(II) is convicted of a crime for which a sentence of one year or longer may be imposed,
is deportable."

Your friend should make sure that the above provision does not apply to him, so consulting an immigration lawyer may be a good idea.

 

[Bobsmyth]

The actual sentence he receive is not really relevant.

In terms of inadmissibility, the actual sentence does come into play in determining whether the LPR qualifies for a waiver.

Moreover, the immigrant defense project guide states a single CIMT whose maximum possible sentence is less than 1 year and actual sentence less than 6 month does not preclude an applicant from demonstrating GMC.

http://www.immigrantdefenseproject.org/docs/06_ImmigrationConsequencesChecklist.pdf