QUESTION

Will a petty larceny misdemeanor affect me if I apply for citizenship?

Asked on Nov 15th, 2013 on Immigration - Texas
More details to this question:
It happened in 2008 and once before in 2001 I think.
Report Abuse

5 ANSWERS

The answer might change a bit depending on the date when you became a permanent resident and on your age when you were convicted of these offenses. But with 99% certainty, you are not eligible for naturalization. Moreover, you are subject to deportation as a person who has committed two crimes of moral turpitude. Filing an application for naturalization will almost surely land you in removal proceedings in the Immigration Court. I would suggest getting a consultation with an immigration attorney to see whether there is anything that can be done about your situation. Perhaps the cases against you can be reopened; or you might have some special circumstances in the family that would warrant special treatment in the immigration court. You might, of course, just quietly remain a permanent resident. But the chances are that your criminal record will come to the attention of the Immigration either when you file for renewal of your green card - or when you get arrested again (doesn't matter for what - for another theft, for jaywalking, or simply for being in a wrong place at a wrong time). When it happens, there might be no time to do anything to change the outcome of the removal proceedings. So, I would say, finding a good attorney now is a very good idea.
Answered on Nov 22nd, 2013 at 6:51 PM

Report Abuse
Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Generally, 2 petty larceny convictions are crimes involving moral turpitude which may make you inadmissible and could affect your citizenship.
Answered on Nov 20th, 2013 at 9:03 AM

Report Abuse
Business/ Commercial Attorney serving Bellevue, WA at Lana Kurilova Rich PLLC
Update Your Profile
You will need to obtain your complete criminal record both incidents. You need to make sure that you complied with all terms of any probation/community service/fine, etc. Talk to your criminal defense attorney to see if these incidents can be expunged from your record. You will still disclose them, of course, but if they are expunged, it will look better for you. In addition, you should present with your application some letters from friends, colleagues, your church, or any organization where you are active that you are basically a good person, a person of good moral character worthy of becoming a citizen.
Answered on Nov 18th, 2013 at 8:58 PM

Report Abuse
Immigration Attorney serving Downey, CA at Herrera & Juelle LLP
Update Your Profile
Depending on the section of law under which you were convicted and the sentence imposed, you could have two crimes involving moral turpitude. The effect of that would be that the government will deny your Naturalization application and move to rescind your Lawful Permanent Residence. You should have an immigration attorney look at your convictions and give you a legal opinion on their possible consequences on your status.
Answered on Nov 18th, 2013 at 8:56 PM

Report Abuse
You normally are required to have a clean record for at least 5 years before you can apply for naturalization. However, immigration can look beyond the statutory 5-year period if your actions negatively reflect on your current moral character. The fact that you had a second larceny incident in 2008 may suggest to immigration that you have a propensity to steal. You will need to prove to immigration that the prior theft incidents were in the past and that you have now been rehabilitated.
Answered on Nov 18th, 2013 at 8:43 PM

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