QUESTION
Can I apply for a citizenship after a shoplifting charge?
Asked on May 29th, 2013 on Immigration - New York
More details to this question:
I have been a resident for 5 years and about two years ago I got a shoplifting charge. I did the pre trial diversion. I paid all the fines and took the classes and everything. It said it was gonna be off my record after a year. I'm trying to apply for my citizenship now but I'm afraid I'll get denied because of this. I don't have the money to put in this if I'm just gonna get denied. Can I please have some advise in what should I do.
4 ANSWERS
Adebola O. Asekun
You need to see an immigration lawyer before you can ever consider an application of any kind given your shoplifting conviction. Apart from citizenship, I am concerned the shoplifting may also have a negative consequence for your green card because, unless the shoplifting charge is considered a petit larceny exception, ICE may conclude that you are subject to removal as an alien convicted of a crime involving moral turpitude. Until you are clear about things, do not file an application for citizenship, nor should you make overseas trip.
Answered on Jun 04th, 2013 at 11:12 PM
2 Awards
It is highly advised that you retain an immigration attorney or at least seek a formal consultation. Further investigation/ review of your criminal record is required for a more definitive answer.
Answered on May 30th, 2013 at 9:38 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Shoplifting is an issue of good moral character. Is this the one and only crime or infraction you have on your record? USCIS will look at the statutory period (five years unless married to a U.S. citizen) for any issues of good moral character. To properly advise you an attorney will need all the of the facts surrounding the incident, review certified copies of the court records including documentation that you successfully completed the diversion program, balance this with all evidence of your good moral character, and then the Officer will make an assessment of whether you should be approved. It is possible but not a guarantee. Safer would be to wait for the five year period and try and get some positive equities in your favor such as volunteer work and other evidence you are truly rehabilitated and now a good citizen.
Answered on May 29th, 2013 at 9:47 PM
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
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To become a citizen, you must show that you were a person of good moral character for 5 years prior to the filing of the application. Shoplifting is a crime of moral turpitude, and, even though you were given an alternative sentencing procedure, the arrest record will stay in your FBI file and will come up when you submit a naturalization application - and the application will be denied. Worse, USCIS might start a removal proceedings against you; the chances are that, with a competent attorney, you will keep your green card, but do you want to invite this trouble? Would it not be better to wait until you have 5 years of clean record?
Answered on May 29th, 2013 at 9:18 PM