QUESTION
Can I receive naturalization after a shoplifting arrest?
Asked on Jul 02nd, 2013 on Immigration - Utah
More details to this question:
Please tell me what best to do. June 2012, I was arrested for shoplifting. I received 8 hours community service and paid a $130 fee. It was a misdemeanor and was reduced to disorderly conduct because it was my first and only arrest. I know it's only been a year but will I be denied US citizenship because of the arrest?
10 ANSWERS
Adebola O. Asekun
A disorderly conduct conviction is not a basis for denial of your N-400 naturalization application since it is neither a felony nor a crime of moral turpitude. But, a shoplifting conviction is most likely result in finding of lack of good moral character because, such conviction is almost invariably a crime of moral turpitude. The dilemma in your case is that a naturalization examiner may ask you under oath about the incident. If DHS finds from your explanation that you committed the essential elements of a crime involving moral turpitude, then, your N-400 application may still be denied.
Answered on Jul 07th, 2013 at 8:17 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If it was reduced to a disorderly charge, it should not affect your application for citizenship. However, I suggest that you wait at least 5 years from the date of your conviction before filing your application. You must show 5 years of good moral conduct before qualifying for citizenship and your disorderly conduct charge could disqualify you until the 5 years have passed.
Answered on Jul 03rd, 2013 at 9:42 PM
2 Awards
The adjudicating officer may take a position that this conviction affects your good moral character within the statutory period of 5 years.
Answered on Jul 03rd, 2013 at 8:45 PM
I believe your situation warrants talking to an immigration attorney who might help you to deal with your criminal offenses.
Answered on Jul 03rd, 2013 at 12:48 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You will have to wait for 5 years from the date of your conviction to apply for citizenship. If you are married to a US citizen you will have to wait three years from the date of your conviction to apply for citizenship.
Answered on Jul 03rd, 2013 at 11:59 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You need to get a copy of the court disposition, listing your charge, plea and result. Then make an appt with a competent immigration attorney who specializes in criminal issues. You will need to disclose this issue on your application and need to find out now if it will be an issue for you.
Answered on Jul 03rd, 2013 at 11:52 AM
Your arrest and conviction will definitely be an issue that may prevent your naturalization application from being approved. You should consult with an Immigration Attorney who can walk you through the process and help you decide if you want to apply and when to apply as well as help you prepare the necessary legal paperwork.
Answered on Jul 03rd, 2013 at 11:14 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If this is your only arrest, you are still eligible for naturalization. However, you should wait at least 5 years after the conviction or after the end of your probation, whichever is later, before you apply for naturalization again, because you are required to have good moral character for at least 5 years immediately prior to the filing of your application.
Answered on Jul 03rd, 2013 at 11:09 AM
Real Estate Attorney serving Frisco, CO
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The Law Office of Eric A. Fisher, LLC
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You should wait five years before applying for naturalization.
Answered on Jul 03rd, 2013 at 11:09 AM
Employment & Labor Attorney serving Salt Lake City, UT
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Sharon L. Preston, P.C.
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When you apply for naturalization, you have to show "good moral character" as part of the eligibility for naturalization. Shoplifting charge would be a "crime of moral turpitude" under immigration law. However, it seems your conviction is for disorderly conduct, so it might be possible for your to show good moral character with that conviction. Depending on what the court did, that is, if the court on the record said, the charge was being reduced from shoplifting to disorderly conduct because it was your first offense, you may have a problem. But, if the court just found you guilty of or if you pleaded guilty to a disorderly conduct, then are convicted of disorderly conduct, which is not a "crime of moral turpitude" and should not bar you from naturalization. Also, remember, that an admission by you during the interview that you shoplifted would probably bar you. In this sort of case, my advice is to consult with an attorney before you apply for naturalization.
Answered on Jul 03rd, 2013 at 11:06 AM