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a question to fellow lawyers RE: naturalization

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  • a question to fellow lawyers RE: naturalization

    I have a client who is a LPR applying for US citizenship. He is a 1996 charge of theft which he paid a fine and completed his probabtion time. He never did jail time for it. The court also expunged and sealed his record. My question is does this charge have a deterimental consequence to his citizenship application. Overall, he has been a law-abiding resident, filed his taxes, all his children are US citizens in the military.

  • #2
    I have a client who is a LPR applying for US citizenship. He is a 1996 charge of theft which he paid a fine and completed his probabtion time. He never did jail time for it. The court also expunged and sealed his record. My question is does this charge have a deterimental consequence to his citizenship application. Overall, he has been a law-abiding resident, filed his taxes, all his children are US citizens in the military.

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    • #3
      That was in 1996, he already paid his dues, completed probation, never went to jail. He can file for his Citizenship, But the question will come up, and they will ask about all that case, he should clearly tell the USCIS/BCIS what had happened. USCIS/BCIS will have a record of the event.
      He must collect the certified copy of the finnal decree from the court.
      All the best.
      Are you still in Korea?

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      • #4
        Since this occurred beyond the five year time period needed to show Good Moral Character, the offense will not disqualify him for citizenship. However, nto having all the documents about it or not being completely forthcoming will. Unfortunately this case was expunged. That means absolutely nothing to immigration, but it will make it very difficult to get all the documetns needed. I always advise my clients to get all the records before applying for an expungement, because it is sometimes impossible to get them afterwards. Good luck!

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        • #5
          Fasoola,

          The offenes is outside the statutory period for establishing good moral character, but make sure that he was not still serving probation during any portion of the statutory period. From what I have seen in my practice so far, if he was still on probation during any part of the statutory period, his application will likely be denied.

          Also, don't forget to check the theft statute for his offense and analyze it against INA Sec. 101(a)(43). Make sure you check this out before filing. Hope this helps.

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          • #6
            Here is a site you attorney's might find useful
            if you don't know about it.

            BOP.gov

            It will let you know if a person has been a federal inmate (back to 1982), where they are if they are still in the system and when they were released if they aren't.

            Don't know if it will help but you never know.
            To try it out you could stick in "Martha Stewart"
            Click inmate locator on the left.

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            • #7
              Hi Native. You are correct, this is a valid site. I had to use it to locate a client once when his wife told me he had been dragged off by the feds.

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              • #8
                Adam, thanks for remembering I was in Korea...I am back in the ol'US of A!! Thank you for everyone's responses.

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                • #9
                  If your client is in New Jersey, he will get screwed. A crime is a crime, and I wouldn't bet on getting your client home free just yet...

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