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Citizenship and Misdemeanor

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  • Citizenship and Misdemeanor

    Question about Immigration to the U.S.?
    I have a friend who is a legal resident here in the U.S. and has been since he was a kid. Been here for 20 some years... but has never applied for citizenship. Two years ago he was convicted of a misdemeanor petty theft, pled guilty and is almost finished with the probation...it will be over in two months. He is finally talking about applying for citizenship. I am just wondering if this will cause problems. His crime was a lapse in judgement and he has nothing else but maybe a parking ticket on his record. Any advice, especially from an immigration lawyer would be greatly appreciated.

    He does have a green card and is here legally. As far as having the misdemeanor expunged, how would he go about that? Also would that make any difference, I have read that the INS doesn't recognized expunged convictions.

  • #2
    Question about Immigration to the U.S.?
    I have a friend who is a legal resident here in the U.S. and has been since he was a kid. Been here for 20 some years... but has never applied for citizenship. Two years ago he was convicted of a misdemeanor petty theft, pled guilty and is almost finished with the probation...it will be over in two months. He is finally talking about applying for citizenship. I am just wondering if this will cause problems. His crime was a lapse in judgement and he has nothing else but maybe a parking ticket on his record. Any advice, especially from an immigration lawyer would be greatly appreciated.

    He does have a green card and is here legally. As far as having the misdemeanor expunged, how would he go about that? Also would that make any difference, I have read that the INS doesn't recognized expunged convictions.

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    • #3
      Zamunda, Hate to tell you this, but your friend will definitely have some problems with the INS once he applies for any immigration benefits including green card renewal and or citizenship. Once a person is arrested and fingerprinted they are on the state and feds criminal database. This is the datatbase that the INS use for good moral character clearance. Petty Theft is not. Suggestion consult an Attorney skilled in this matter. Good Luck Speedy..

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      • #4
        Hi Speedy,
        that is not really what I wanted to hear. But thanks for your reply. What if he just continues to live here as a "LPR", will he still have problems? or will he only have trouble when He applies to be a citizen? This is absolutely tearing me apart...

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        • #5
          If it's just a misdemeanor, there shouldn't be a problem. However I would recommend hiring a immigration Lawyer if he applies.

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