Disorderly Conduct - Applying for Citizenship

[ram0201 1]

I have a shoplifting offense committed in the town of Rockaway, New Jersey that is considered as a disorderly conduct due to the amount of the theft (~$80). The event happened in August 2013. My green card expires on June 2017 and I am looking to apply for my citizenship this year. Aside from this, my record is clean. I have been shopping around for lawyers for the past month and unfortunately, found it way too out of my range From the research I've done and consultations with a few lawyers, I've gathered the following materials to add with my application:
1. A copy of the statute that dictates that my offense was a disorderly conduct - hence is not a question of moral turpitude
2. Reference letters from both personal and professional relationships

I am wondering if I can move forward with this application on my own or if I should try to gather some money to get a good lawyer. Has anyone here had any experiences similar to mine or know of an instance where a person did not use a lawyer and still passed their application process?

Any help would be greatly appreciated!

Edited January 9, 2017 by ram0201
Editing title

[ram0201 1]

2 hours ago, CookieCat said:

Hi Ram0201, here's a chapter from USCIS regarding Good Moral Character for citizenship: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartF-Chapter5.html#footnote-1

 

What I understand from what I read in the above link and what other members have reported here , it's risky applying for citizenship when you have shoplifting in your record. Immigration has its own sets of laws regardless of what statutes say. Based on the above link, shoplifting falls under Crimes Involving Moral Turpitude (CIMT). So I strongly suggest you first consult an immigration attorney to see if this is a bridge you can even cross and if your attorney can come up with a solid argument that shoplifting in your case isn't a CIMT. Otherwise I'd suggest you wait the statutory period (5 years) from August 2013. Good luck!

 

~Moving thread from Case Filing & Progress to US Citizenship General Discussion since OP's question pertains to eligibility and has not filed for citizenship yet~

Hi CookieCat, thanks for your response!

 

From what I read on the link above, it indicated that petty theft can be an exception to CIMT if..

•The “petty offense” is the only CIMT the applicant has ever committed;

•The sentence imposed for the offense was six months or less; and

•The maximum possible sentence for the offense does not exceed one year. 

 

Which actually all apply to my case. I've consulted a few immigration lawyers regarding the matter and they've told me that the offense should not be grounds for not ineligibility. So in this case, do you think I can move forward on my own?

 

As a side note, if I do wait for the 5 years and apply in 2018 - what will happen to my status then? From my understanding, my status as a permanent resident does not expire after 10 years but the green card does? 

[Tom_Jim 40]

15 hours ago, ram0201 said:

 

Shoplifting is a a crime of moral turpitude. Dependent on the individual adjudicator and/or the USCIS director for your interviewing office, it may pose an issue with your naturalization. There is no statute of limitation when it comes to asnwering questions on the N400 where it asks if you have ever committed a crime and have been convicted of any crime. So, 40 years can pass, but you'd still have to answer "yes" to that question.

 

There are lots of people who remain LPRs and never commit to naturalization because of their record. They are LPRs for life.  Greencards expire, but your LPR doesn't. However, LPRs are subject to deportation. USCs are not.

 

I would go with a lawyer.

[Ontarkie 13,915]

The thing is it's so fresh they could deny you on the ground of not good moral Character.  

Personally I would wait till 2018, then do it on my own. 

 

If you really want it done this year I'd consult a few more attorneys first. It's a lot of money to be out if you get denied. 

[ram0201 1]

2 hours ago, Tom_Jim said:

Shoplifting is a a crime of moral turpitude. Dependent on the individual adjudicator and/or the USCIS director for your interviewing office, it may pose an issue with your naturalization. There is no statute of limitation when it comes to asnwering questions on the N400 where it asks if you have ever committed a crime and have been convicted of any crime. So, 40 years can pass, but you'd still have to answer "yes" to that question.

 

There are lots of people who remain LPRs and never commit to naturalization because of their record. They are LPRs for life.  Greencards expire, but your LPR doesn't. However, LPRs are subject to deportation. USCs are not.

 

I would go with a lawyer.

Might be a stupid question, but how would I travel outside of the country when my greencard expires this year? Do I need to do a renewal?

[Tom_Jim 40]

On 1/10/2017 at 6:16 PM, ram0201 said:

Might be a stupid question, but how would I travel outside of the country when my greencard expires this year? Do I need to do a renewal?

Probably. But not sure.