HELP: N400- Gross Misdemeanor and Petty Theft Exception Question

[shimbuur]

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[suziq38]

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.

Yes, it probably will be. They most certainly may ask you about the misdemeanor, even though it was eight years ago. The good thing is that it was only a misdemeanor. Another good thing it that it was over eight years ago, and you have not been in trouble since. You can not lie, because they already know what your answer should be. Before I applied for citizenship, I would consult with a pro bono attorney. Catholic Charities works with attorneys and maybe they can help you. The attorney may advise you to go ahead with your citizenship, or may let you know the problems with doing so.

Good luck.

[Joni8ritt67]

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.

Try to gather all your supporting documents and take them with you to your interview when that time comes.

[imgrights]

Try to gather all your supporting documents and take them with you to your interview when that time comes.

I agree with Suziq38. I had similar situation (Misd) and recently completed my interview and received "Recommended Approval" and awaiting status change to inline Oath, still probably going through re-verification/sup approval for final approval stage. I was definitely asked about the record and provided original certified disposition, but didn't have to go over about facts, just what happened - paid fine, community service, probation etc. As long as you disclosed the record prior to Green Card and not AGV charges, most likely you will be fine. Consult with at least one attorney - that's my two cents.
Good Luck to you.