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hi i want to know if a petty theft that a person did in 2009 will affect her citizenship application. she will be eligable for citizenship in september 2013. she was charged and fined $225.
10 ANSWERS
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Yes, this will affect the application.
Answered on Jul 30th, 2012 at 3:29 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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You need to consult an immigration attorney: depending on quite a few details, it might be OK for her to apply for citizenship in 2013, it might be better to wait a few years, or she might just have to forget about naturalization.
Answered on Jul 27th, 2012 at 4:22 PM
Rebecca T White
She will need to bring in a copy of the criminal records and her immigration history for review before filing for citizenship.
Answered on Jul 26th, 2012 at 5:03 PM
William C. Gosnell
Theft is a crime of moral turpitude.
Answered on Jul 26th, 2012 at 8:43 AM
The simple answer is yes. To be eligible for naturalization, you have to establish that you are person of good moral character during the statutory period which, if you are applying for naturalization purusant to section 316 of the Immigration and Nationality Act, is five years prior to the date of naturalization up and through the oath of allegiance. Thus, a petty theft conviction could effect an individual's eligibility for naturalization. As always, it would be a good idea to consult with an attorney for further assistance. Good luck.
Answered on Jul 26th, 2012 at 8:34 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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You need to show 5 years of good moral conduct prior to filing for citizenship. The petty theft conviction should not affect your citizenship application, but you have to wait until 5 yrs has passed from the date of conviction. I suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jul 25th, 2012 at 9:25 PM
Appellate/Appeals Attorney serving Denver, CO
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Law Office of Michael P. Gianelli, LLC
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Theft, whether petty or not, is generally a crime involving moral turpitude and presents immigration issues where there is a permanent intent to deprive. It will be an issue with regard to good moral character. You need to speak with an immigration attorney for a full analysis of this issue.
Answered on Jul 25th, 2012 at 9:24 PM
1 Award
It could, depending on the other circumstances of the person. Generally, a theft conviction is considered a crime of moral turpitude and could even cause the person to be removed from the United States. However, if you hire a talented immigration attorney, you may still be able to obtain citizenship, but it will likely be delayed a bit.
Answered on Jul 25th, 2012 at 4:50 PM
Criminal offenses can stand in the way of naturalization eligibility either because they trigger a statutory bar (mainly for drug-related and other very serious offenses) or because they prevent an applicant from shouldering his/her burden of proving no "lack of good moral character" - this is particularly true regarding offenses that involve moral turpitude, such as crimes involving theft, deception or violence. To evaluate the impact of a criminal offense, a thorough review is necessary not only of the arrest disposition documents, but also the overall "moral character" issues for the specific applicant. There is no substitute for a careful and detailed review by an immigration attorney.
Answered on Jul 25th, 2012 at 4:19 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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A first time petty theft conviction will not affect naturalization, but the applicant must be a person of good moral character for at least 5 years immediately preceding the filing of the application. Thus, the applicant should wait at least until 2014 or 2015 before applying.
Answered on Jul 25th, 2012 at 4:15 PM