N-400 Criminal History and Petty Theft Exception

[shimbuur 0]

Hi all,

 

Just had a quick question and hoping for some input. I was charged with gross misdemeanor theft back in 2010. I served no time (just probation), and the charge was dismissed and vacated (on rehabilitative grounds). I, at the time, had not been granted asylum. I was able to successfully asylum and my green card shortly thereafter, even with my criminal history. I was wondering if obtaining citizenship w/ this criminal history will be an issue? I have no other charges since 2010 (other than a passenger side seatbelt ticket). Since the maximum sentence for this crime is exactly 1 year, would I be eligible for the Theft Exception? Thank you.

[Teemo 252]

32 minutes ago, shimbuur said:

Hi all,

 

Just had a quick question and hoping for some input. I was charged with gross misdemeanor theft back in 2010. I served no time (just probation), and the charge was dismissed and vacated (on rehabilitative grounds). I, at the time, had not been granted asylum. I was able to successfully asylum and my green card shortly thereafter, even with my criminal history. I was wondering if obtaining citizenship w/ this criminal history will be an issue? I have no other charges since 2010 (other than a passenger side seatbelt ticket). Since the maximum sentence for this crime is exactly 1 year, would I be eligible for the Theft Exception? Thank you.

I think you're good. It's not a CIMT. It's an issue if the maximum sentence is at least one year and 1 day and/or you served over 6 months in jail. Neither applies here. 

[Going through 5,671]

It is a CIMT (all thefts/shoplifting are), however you do fall under the "petty offense exception" if there is only one misdemeanor in your history,  and the maximum sentence in your district where it occurred is no more than 1 year jail time.  You also meet the "Good Moral Character" requirement if it happened more than 3 (marriage based application) or 5 (residency based application) years ago from the time you applied for the N400, you've successfully completed your probation, and you have no other offences.

 

Make sure you get court-certified copies of any dispositions showing the final outcome/sentencing in your case, as well as proof of completing any court-ordered probation/fine.  If records were purged/destroyed (some jurisdictions do this based on how long ago a crime occurred), request a certified letter from the court clerk stating this.  You will be required to submit this with your application/interview.

Edited June 28, 2018 by Going through

[Ontarkie 14,267]

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