QUESTION
Should I wait for my propation to be over before I apply?
Asked on Aug 01st, 2011 on Immigration - California
More details to this question:
I'm considering applying for dual citizenship, Canada/US. I have a theft misdemeanor. I finished my community service, but I still need to finish up my one year probation. Should I wait until my probation is over and cleared before I apply?
10 ANSWERS
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Yes. The USCIS may deny the Naturalization if you are still on probation.
Answered on Aug 18th, 2011 at 1:39 PM
Intellectual Property Attorney serving Menlo Park, CA
at
Sheppard Mullin
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Within the statutory period of either five or three years(depending on whether you apply for naturalization five years after you became permanent resident or three years if you marry and live with your USC spouse), you must have good moral character. Commission of crime within this five or three year period will certainly make this difficult or even impossible. You should wait for five or three years before apply.
Answered on Aug 18th, 2011 at 12:39 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Yes. A theft conviction will definitely impact your ability to show you are a person of good moral character so I would suggest five years fo a good clean record and clear evidence that you are a different person and sorry for your mistake. Always best to have an attorney evaluate the specifics of your case but that is my general information to you.
Answered on Aug 17th, 2011 at 4:23 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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Ideally you want five years of good moral turpitude and yes, probation does count towards that. Even with an expungement, you are still required to disclose all issues to DHS.
Answered on Aug 17th, 2011 at 6:39 AM
To increase your chances of success, consider waiting until you are done with probation.
Answered on Aug 17th, 2011 at 6:36 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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A theft conviction even a misdemeanor, may make you deportable. You should consult with an experienced immigration attorney. Even if it does not make you deportable, you should wait 5 years from commission of the crime. Let me know if we can be of help.
Answered on Aug 16th, 2011 at 2:54 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Most theft offenses will be deemed a crime involving moral turpitude. You need to have five (5) years of "good moral character" going back from the time you apply for naturalization. This generally will go forward from the time you completed all the terms of your sentence or probation. Be sure to include evidence of rehabilitation.
Answered on Aug 16th, 2011 at 2:40 PM
Nikki Mehrpoo Jacobson
USCIS will not grant your N-400 application while you are still on probation. Also be careful, based on the section of the law, when the crime took place, when you got your lawful permanent residence status there may be issues as to your good moral character and possible deportability issues.
Answered on Aug 16th, 2011 at 12:38 PM
Yes, you should wait for the end of your probation period to avoid an adverse good moral character determination.
Answered on Aug 16th, 2011 at 12:22 PM
Immigration Law Attorney serving Los Angeles, CA
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GK Law Firm
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Your application for U.S. Naturalization will be denied if you are on any sort of probation. intended solely for the use of the named recipient or recipients.
Answered on Aug 16th, 2011 at 9:17 AM