My wife applied for citizenship after being a GC for 5 years. she had a misdemeanor retail theft crime on her record with max punishment of 1 year and she was convicted for 365 days. The crime was in 2003 and the citizenship was denied in 2004. She received a letter saying that since your punishment was more than 6 months you do not fall under the petty offense exception and therefore your application is denied. She told me about it now in 2005? I need my peace of mind and would like to know What happens next? can she reapply after 5 years? Also her GC expires in 2010.. what can happen at renewal ... I would appreciate an honest answer... the reason I worry is because i have a very good career going on and i love her a lot...
retail theft, citizenship denied, what next..
- Thread starter blitz
- Start date
blitz said:
i do not think it would have anything happening to her when she tries to renew her GC in 2010. she can reapply the n400 5 years after the last offense happened or 5 yrs after her last n400 application was denied.
by the way, the reason you worry because you have a good career going on and you love her a lot, not sure what exactly the reason you would have to worry based on those 2 things. they seem do not really relate with each other.
good luck.
p.s. you might want to consult with an immigration lawyer who is a specialist in criminal laws as well.
Thanks! for the real good and comforting response. I highly appreciate it. Back home when I used to read about stress in text books, I used to consider it a joke... how can stress be a big killer and how can people have stress... well it is only when i came here I started to get the jolts... first from OPT to H1 and then to Labor and waiting (although nothing was out of the ordinary but the idea of sitting and waiting kills you... and now this fresh one from my significant other was a shocker... I guess experiences make you a better and stronger man... I already feel myself much older... so in response to your question abt how i value my career and my wife and would like to have harmony between them and keep them together I guess is quite obvious ... after investing so much time and effort in your education, grooming, career you don't want everything to come to an abrupt end ...
hanging in here
Registered Users (C)
That her GC expires in 2010 means she got her GC in 2000, right? You also said that she applied for cz after 5 years of being a PR. So this means she applied in 2005. Although you said her application was denied in 2004, maybe she applied this year (2005) and got denied just recently. She probably didn't keep the situation from you, as you seem to think..
blitz said:
i think you could find an immigrantation lawyer for the initial discussion. i think if you find the lawyer from the list in AILA (???) organization (http://www.aila.org), they only cost you $100 for first 30 mins discussion, either on the phone or in person. then you can ask more questions in details and at least, get another level of comfort from them.
btw, does your wife have all disposition for her offense, and any documentations? she needs to provide those documents during her citizenship interview (whenever it is).
best wishes.
"hangin in there" ... dont get mixed up in the dates ... i am not here to be judged ... the reason why i said during 5 years is becase i did not want people to get confused abt the "last 5yr of histroy is counted issue" i think she got her gc back in 1997 or 1998, so when she applied it was 5 years ... and on that note if you cannot help then stop with the criticsm
Rahul Kumar
Registered Users (C)
Wife can apply 5 years after her conviction ended (good moral character). i'd suggest running it by an attorney before reapplying. dont see any big issue while GC is renewed
from this johnnkamala
Registered Users (C)
It is difficult enough to get a job with a theft conviction, never mind citizenship. Good luck.
blitz, first of all which state the theft happened. When you say 1yr max punishment and convicted for 365 days, what were the exact charges by court? Did she went to trial or got deffered adjuridiction? I might give you some advice if you can provide detail info to above questions.
Any update?? I'm on the same situation but its been 6yrs now . I'm ready to apply for us itizenship.