QUESTION
Will shoplifting and trespassing affect my citizenship application?
Asked on Aug 17th, 2017 on Immigration - Georgia
More details to this question:
I was in a store and I put olive in boxes inside a bag so it won’t leek. I didn't use the store’s bag and by accident I forgot to pay for it. They accused me for shoplifting. They said it is not goanna affect my criminal record, but I'll have to pay something, I only got the pink paper for the trespassing but I didn't get anything in the mail yet. This was only 3 days ago. I just wanted to make sure this will not affect my citizenship, I'm on GC and I should apply for citizenship in 2019.
3 ANSWERS
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If you plead guilty this will affect your N400 from the date of the crime for 5 years(3 years if you apply for N-400 based on your marriage to a USC spouse).
Answered on Oct 24th, 2017 at 5:55 PM
Yes, paying a fine is an admission of guilt. Shoplifting is theft, so it is a crime involving moral turpitude committed within the period that you must have good moral turpitude. You should be disqualified for naturalization if you pay the fine or are found guilty. I strongly recommend an appointment with a competent and experienced immigration attorney, who can take the time to review your paperwork. You will need a criminal attorney, but should work with an immigration attorney, because criminal attorneys may only understand what will prevent deportation, not disqualification from citizenship.
Answered on Oct 24th, 2017 at 9:43 AM
Shoplifting and trespassing offenses indeed can have very harsh immigration-related consequences. Beyond that, note that some dispositions that include dismissals of charges are treated as "convictions" by the USCIS, and some state misdemeanor charges are treated as felonies by the USCIS. I strongly advise that you engage a criminal defense attorney with expertise in addressing the immigration-related consequences of criminal matters.
Answered on Oct 24th, 2017 at 9:42 AM