I have 2 petty thefts against me, the last one happened in 2011. Now I would like to apply for citizenship but - am I screwed?
Asked on Aug 17th, 2023 on Immigration - California
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The title says it all. This is an issue that I had to seek out professional help for. Since 2011, I have been an upstanding citizen and now have 2 children and have been married for 11 years. This is a shame I hate to relive but my husband insists I apply for citizenship. I'm seeking help from an immigration attorney, which I'm in the process of finding. My question remains - am I out of luck due to 2 petty thefts against me?
Petty theft for immigration purposes is generally regarded as a crime involving moral turpitude. I assume that when you say that you have two petty thefts against you, you either pleaded guilty or were convicted. In such case, the difficulty as I can see it is that you have two, and as such, are subject to removal proceedings. The exception to removability is where both petty thefts arose from a single scheme of criminal misconduct, at which point you would not be removable. If they were separate episodes not arising from a single scheme, you may wish to consult an attorney familiar with criminal law about the possibility of reopening one of the petty thefts and obtaining a more favorable disposition that would be acceptable for immigration purposes. I note that in the event that you are ever placed in removal proceedings, having a good record other than those incidents along with being the mother of two US citizen children would help your case for a favorable outcome. 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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