Legal Question in Immigration Law in California
Misdemeanor and US citizenship
Back in 1988 I was with a friend, he stole a music cassette from a Dept. Store being young and confused i pleaded guilty, so in my records shows Petty Theft (misdemeanor), the question is: can I become a US citizen having a misdemeanor in my record? since then i had another arrest for desobeying court order restraining order but DA dropped all charges because it was a set up from my exwife.
5 Answers from Attorneys
Re: Misdemeanor and US citizenship
This matter is complex and you should not try to do it yourself so you should get an attorney to discuss your options. If you are located in Southern California, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: Misdemeanor and US citizenship
if you have no other convictions, I cannot see your moral character being an issue with most reasonable immigration officers. I should emphasize the word reasonable, however. once in a while you'll get an unreasonable one who will abuse his or her discretionary authority with respect to this issue. I would hire an attorney.
Regards,
Gabriel
Re: Misdemeanor and US citizenship
Presumably you are a permanent resident already. If that is the case, you are probably fine. You need to establish good moral character over the past five years. Sometimes they can go back beyond the five years. In this case, depending how safe you want to be, you might wait a little bit, though I don't think the subsequent charges would affect you even if within the past five years. The 1988 conviction doesn't hurt you anymore, particularly if you were under 18 at the time.
I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
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Re: Misdemeanor and US citizenship
Good moral character is one of the requirements for applying citizenship. USCIS officer has discretion to deny your case even your conviction is beyond 5 years period.
Please contact our office for further discussion or email me at [email protected].
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: Misdemeanor and US citizenship
Dera Inquirer:
Generally, you must show that you have been a person of good moral character for 5 years in order to qualify for naturalization. If you have only one conviction for a "petty offense" 20 years ago, this should not affect your eligibility for naturalization at present.
Please email as at [email protected] or visit www.hanlonlawgroup.com if you would like to discuss this matter further in consultation.