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Thread: US Citizenship Application with Petty Theft Infraction charges ---- Please Help

  1. #1
    I was charged with Petty Theft Infraction last year and I am trying to apply for my US Citizenship. I have no other criminal record except the Petty Theft Infraction from last year. I only had to pay fine and there was no probation or any other charges. Do you think I will be okay to apply for my US Citizenship. I have been a Permanent Resident of US for last 6 years now. Also, If I apply for US Citizenship and if Immigration denies me my Citizenship at this time and asks me to wait for another 5 years, will they Deport me since they will find out about my case during my Background check in the US Citizenship application? Also, if I travel out of US, will there be any problem for me to enter back into US? Can they stop back me from entering back to US or can they Deport me out of US? I am currently holding Green Card.
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  2. #2
    I was charged with Petty Theft Infraction last year and I am trying to apply for my US Citizenship. I have no other criminal record except the Petty Theft Infraction from last year. I only had to pay fine and there was no probation or any other charges. Do you think I will be okay to apply for my US Citizenship. I have been a Permanent Resident of US for last 6 years now. Also, If I apply for US Citizenship and if Immigration denies me my Citizenship at this time and asks me to wait for another 5 years, will they Deport me since they will find out about my case during my Background check in the US Citizenship application? Also, if I travel out of US, will there be any problem for me to enter back into US? Can they stop back me from entering back to US or can they Deport me out of US? I am currently holding Green Card.
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  3. #3
    Hi Help and welcome,

    You might want to speak with a qualified attorney. Sounds like your charge was a misdemeanor, but the US is pretty strict on immigrants breaking laws of any kind. If I were you, I wouldn't leave the country because chances are you could have trouble coming back.
    Good luck.

  4. #4
    Although theft can be considered a CIMT there is a petty theft exemption and in your case it might apply:

    Beware : Serious Immigration Consequences of Shoplifting

    Even if your case does fit the petty theft exemption, you still have to meet the 5yrs good moral character test and that could be a problem as your infraction is so recent. Would be well worth talking to a good immigration lawyer who knows criminal law too. Worst case would be to wait 5yrs then apply. Good luck.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  5. #5
    Yes, if you are denied, you will be put in deporation proceedings. Theft is a crime involving moral turpitude.

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