Legal Question in Immigration Law in California

Re: petty theft and trespass misdemeanors and naturalization

This is interesting. If your petty theft was a misdemeanor for less than $200 value, and you did not get a sentence of 6 months or more and your trespass was also a misdemeanor with no sentence of 6 months or more, and you were convicted prior to 1996 on both, you could be charged with having committed one crime involving moral turpitude, but these will not make you ineligible for citizenship. If you can prove good moral character for at least 5 years prior to your citizenship application that's great. I believe what the attorney was trying to tell you is that your expungements still count as convictions for immigration purposes. Now regarding your crime involving moral turpitude (the petty theft); you would be found deportable is you were convicted of the petty theft within five years of having been lawfully admitted into the U.S., AND the crime you were convicted of generally carries a sentence of one year or longer. So, if you want to go back into court and claim that you were never advised of the immigration consequences of your convictions, you would file a writ of coram nobis (or coram vobis in some jurisdiction) citing the fact that you were not advised that your petty theft (or your trespass) could render you deportable if such is the case. Otherwise, these convictions are so old that even if you were denied citizenship and placed in removal proceedings, a good immigration lawyer could save the day! Hope I haven't confused you and hope I have answered the question. Good luck to you!