QUESTION
Will my criminal record affect my US citizenship?
Asked on Dec 07th, 2011 on Immigration - New Jersey
More details to this question:
My question was involving a cimt (shoplifting in amt of $35.00), which under AZ statute (ARS 13-1805(a)5) falls within the petty offense exception (max punishment 6mos in jail). I served no jail time, but accepted a deferred prosecution agreement for a period of 12 months (no probation, no fines, no restitution), No plea of any kind was entered and after 12 months charges will be dismissed. I need to replace my I-151 green card with current I-551. I have been a lpr for 37 years with no prior criminal record here or in country of origin. I did have a speeding ticket in CA in 1993 for reckless driving for which I was arrested. No drugs or alcohol were involved. I just happened to be late for work. I paid a fine and attended traffic school. Will these factors adversely affect green replacement or application for US citizenship? I appreciate your assistance in this matter.
8 ANSWERS
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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You do not appear to have a deportable offense. Therefore you should be fine. You should ask yourself why not apply for citizenship?
Answered on Jul 02nd, 2013 at 11:59 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
We will need to review the conviction itself to properly advise you. Was the shoplifting incident within the statutory period for citizenship (3 or 5 years before filing)? Is the 12 months completed? There should not be a problem to renew the PR card from your facts but need the documents to advise on when you can file for citizenship.
Answered on Dec 14th, 2011 at 8:31 PM
You should not have any problems based on the information that you provided.
Answered on Dec 09th, 2011 at 8:59 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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It might affect your ability to naturalize or your ability to renew a green card. You need to take your final court disposition that has your plea, conviction and sentencing on it to a competent immigration attorney in your jurisdiction who specializes in criminal immigration and naturalization law.
Answered on Dec 08th, 2011 at 9:23 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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If your AZ deferred prosecution incident occurred within the statutory is 5 years before you apply for N-400, it would impact you. Wait until it has passed five years to apply for N-400.
Answered on Dec 08th, 2011 at 2:47 PM
Leon Wildes
You must avoid replying incompletely to questions on applications, but after thee year is up, it will probably be fine.
Answered on Dec 08th, 2011 at 10:41 AM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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It should be fine for replacement of your Green Card, but you will need to wait five years after completion of probation to file for citizenship.
Answered on Dec 08th, 2011 at 10:33 AM
2 Awards
You do not provide the date of the Arizona incident. You need to speak with a lawyer before filing any applications with uscis because there are potential issues.
Answered on Dec 08th, 2011 at 10:31 AM