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shoplifting
- Thread starter jin464
- Start date
if anyone did it for a time by mistake is it anychance to get citizenship?is there any way out of this?plz recommend to know what to do,so desperate and need your help plz.
You have to provide more details about your situations to get a substantive answer here: when the shoplifting incident happened (in particular within the last 5 years or not), whether you plead guilty/not guilty and were/were not convicted in the case and what the sentence was.
within 5 years and plead guilty,then is it possible to become a citizen? it happened to my friend,plz answer.
This is still not quite enough info (in particular, what sentence did you friend receive? does he/she have other misdemeanor convictions?).
If you friend intends to apply for naturalization based on 5 years of being a permanent resident, then, as far as I understand it, a shoplifting conviction within the last 5 years would be a problem and would prevent the finding of "good moral character" within the 5 year statuatory period. If your friend waits until after 5 years since the shoplifting conviction and applies for naturalization then, the case would probably be approved unless there are some additional adverse factors (e.g. other convictions).
In either case, even if an N-400 application is filed more than 5 years after the incident, the shoplifting episode, arrest and conviction MUST absolutely be disclosed on an N-400 application.
Jackolantern
Registered Users (C)
Shoplifting by itself can be a deportable offense. It depends on the specific details involved whether it would result in citizenship approval, denial, or deportation.
within 5 years and plead guilty,then is it possible to become a citizen? it happened to my friend,plz answer.
Dude, this is serious business. Consult an immigration lawyer if you are serious about the citizenship process. I understand you have some reservations about revealing the facts of your case. I am not finding fault with you for that. This public forum is not the avenue for advice in your case. If you reveal all the relevant details about your case then people may be able to offer more substantial advice to you. Since you are not willing to do that, your best bet is to consult a lawer.
Shoplifting by itself can be a deportable offense. It depends on the specific details involved whether it would result in citizenship approval, denial, or deportation.
It is deportable when sentence exceeds one year
It is deportable when sentence exceeds one year
Maximum allowable sentence, not the actual sentence imposed.
Maximum allowable sentence, not the actual sentence imposed.
Yes, that is correct, if a maximal possible sentence for that crime (regardless of the sentence that was actually imposed) was one year or longer, the alien is deportable. The OP would have to check what the maximal sentence for shoplifting is in the particular state where the shoplifting incident occurred.
It is also true that in this case it is a very good idea for the person in question to consult an immigration lawer before filing N-400.
My impression (and I admit that I may be wrong about this) is that even if the person in question is technically deportable because of this shoplifting offense and he/she files N-400 more than 5 years later after the shoplifting incident, the interviewing immigration officer may still choose to approve an N-400 application rather than to start a deportation proceedings assuming there are no other adverse factors in the record at the time. But it would certainly be a risk even then and, presumably, the longer one waits with submitting N-400 in this situation, the better the chances are that it will be approved.
The OP really needs to find out first what the maximum possible punishment was for shoplifting in the state where it happened and to talk to an immigration lawer about this situation.
Maximum allowable sentence, not the actual sentence imposed.
What if laws are very loose about maximum sentence? That could make many petty offense deportable.
Here is the original criteria for deportability of CIMT
(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 245(j) ) 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
(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
(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 245(j) ) 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
(ii) Multiple criminal convictions.-Any alien who at any time after admission is convicted of two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct, regardless of whether confined therefor and regardless of whether the convictions were in a single trial, is deportable.
Jackolantern
Registered Users (C)
Yes, people have been deported for very minor offenses.What if laws are very loose about maximum sentence? That could make many petty offense deportable.
Yes, people have been deported for very minor offenses.
I think people are over cautious. Don't count undocumeted alioen who
should be deported anyway I don't think the situation is that gloom.
Overcaution may prevent deportation by permanently delaying citizenhshoip
application but it also prevent possible citizenship.
if anyone did it for a time by mistake is it anychance to get citizenship?is there any way out of this?plz recommend to know what to do,so desperate and need your help plz.
It really depends on the exact charge. Shoplifting is very broad..without the specifics of his case, he needs to consult a lawyer instead of you hoping for some magical answer on this forum.
Jackolantern
Registered Users (C)
Green card holders have been deported for shoplifting.I think people are over cautious. Don't count undocumeted alioen who
should be deported anyway I don't think the situation is that gloom.
Green card holders have been deported for shoplifting.
May not be the case that posseible sentence is less than one year, teh defendant plead guiolty and teh case was dismissed
Jackolantern
Registered Users (C)
Whether the sentence can be one year for shoplifting depends on various factors such as the price of the items stolen and the laws of the state where it occurred.May not be the case that posseible sentence is less than one year, teh defendant plead guiolty and teh case was dismissed