QUESTION

Do I still have a chance get my citizenship after one year probation or should I wait another 5 years?

Asked on Jan 08th, 2017 on Immigration - California
More details to this question:
I got a green card in 2011. In 2016, I was arrested for petty theft. I have nothing, not even a parking ticket. Now, I got a year probation. If I still have a chance, which papers should I bring to immigration officers to get my US passport?
Report Abuse

2 ANSWERS

Immigration Law Attorney serving Atlanta, GA
3 Awards
You are correct in understanding that even a single criminal offense, and especially one potentially involving moral turpitude, such as a theft-related offense can have serious immigration consequences. A full analysis of the consequences of your petty theft offense, resulting in a year of probation, would require careful review of a full set of court-certified disposition document (you would need those documents anyway in connection with any naturalization or other application you may file). I certainly hope that you were represented by a criminal defense attorney familiar with the immigration consequences of criminal matters or that your criminal defense attorney collaborated with an immigration attorney for that purpose. If that was done, then perhaps the ramifications of the arrest will have been minimized. Note that some criminal offenses not only can make a foreign national ineligible for naturalization, but even can have more harsh consequences. It would be a mistake to apply for naturalization (not an application to get a U.S. passport - that can happen only after a foreign national becomes sworn-in as a naturalized citizen) - without representation by an immigration attorney.
Answered on Mar 08th, 2017 at 5:34 AM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
You should wait at least 5 years from the date of your conviction. Petty theft is a crime involving moral turpitude which would adversely affect your citizenship application. Also you must show at least 5 year so good moral conduct. You petty theft conviction would disqualify you on the moral conduct grounds.
Answered on Mar 08th, 2017 at 5:33 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters