Petty Theft -Citizenship

laurelwood

New Member
Did anybody got Citizenship after they have gone through petty theft ??

I have a petty theft issue on me which i did two years back and i am wondering can i apply for Citizenship.
 
Here is some info that might help.

Under the Petty Offense Exception, a noncitizen is automatically not

inadmissible if:

s/he has committed only one crime involving moral turpitude, ever; and
s/he "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)"; and
the offense carries a maximum possible sentence of one year or less.FN315
Thus, a person convicted of a misdemeanor first-offense Crime of Moral Turpitude with a sentence of six months or less is not inadmissible under the moral turpitude ground, but the person is inadmissible under this ground if the sentence formally imposed exceeds six months in custody.
 
Your theft counts as a CIMT, that should screw up your GMC for a few years. Could you have recevied a 1 years sentence for your crime, and did it happen within 5 years of your admission? If so, you're deportable. If it happened after 5 years, you're ok, as long as that is the only CIMT you have, get two CIMT's no matter the possibile sentence are you are deportable. I wouldn't leave the country, upon your return, you could get jammed up at the airport as a arriving alien since your crime would make you inadmissibile without a waiver.
 
I think you need to read up on 212 vs. 237 charges....

Here is some info that might help.

Under the Petty Offense Exception, a noncitizen is automatically not

inadmissible if:

s/he has committed only one crime involving moral turpitude, ever; and
s/he "was not sentenced to a term of imprisonment in excess of six months (regardless of the extent to which the sentence was ultimately executed)"; and
the offense carries a maximum possible sentence of one year or less.FN315
Thus, a person convicted of a misdemeanor first-offense Crime of Moral Turpitude with a sentence of six months or less is not inadmissible under the moral turpitude ground, but the person is inadmissible under this ground if the sentence formally imposed exceeds six months in custody.
 
Did you apply? Any updates, I got this from the USCIC webpage!

(A) Effect of Crime Involving Moral Turpitude (CIMT) Convictions . An
applicant who commits and is convicted of or admits to committing one
or more crimes involving moral turpitude during the statutory period
cannot establish good moral character and is ineligible for
naturalization. See 8 CFR 316.10(b)(2)(i) . However, there is an
EXCEPTION to the general rule, which you must consider. See section
212(a)(2)(A)(ii)(II) of the Act. The exception applies if the
applicant has committed only one CIMT and the crime is a petty
offense. A petty offense is defined as a crime for which the maximum
penalty possible for the crime does not exceed imprisonment for one
year and , if there is a conviction, the term of imprisonment does not
exceed six months, regardless of suspension. Thus, an individual
convicted of a CIMT will only qualify for the exception if the two
conditions are satisfied. Not only must the sentence imposed have been
less than six months, the maximum possible sentence that could have
been imposed must not exceed one year.
 
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