I am considering applying for citizenship. I am a Green Card holder based on my marriage to an American. On the application, they tell you to disclose any criminal history. I have a petit larceny charge from 2008. I argued it was a misunderstanding, but the court found otherwise. My record before and after is clean. I read a story in the past few weeks of a woman from Ireland who is a Green Card holder and married to an American but who had a charge of passing one $25 bad check. When she returned to the US after a trip abroad, she was arrested, jailed, and is facing deportation. www.huffpost.com/entry/irish-woman-detained-25-dollar-bad-check_n_68c1dec6e4b011f6f9e23256 I am worried that my petit larceny charge puts me in jeopardy of detention if I submit the N-400 application and disclose the criminal record. What is the best course of action for me to take if I want to complete my N-400 application?
Normally, we would say that this should not be a problem except that it has not been determined whether the Laken Riley Act which imposes mandatory detention on noncitizens for theft offenses is retroactive. Note that it only applies to individuals who entered the US illegally or through fraud or misrepresentation. If you entered legally through a visa or parole, the Act clearly does not apply to the petty larceny. If your mode of entry places you within the class of individuals who may be susceptible to the Act, it is our opinion as well as that of most attorneys that the Act is not retroactive. We note as you note, however, that these are restrictive times as per your recounting the story of the woman from Ireland and improbable things are happening under this Administration. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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