My boyfriend wants to apply for citizenship trough the naturalization, but he was arrested for theft a year ago. Now he get it out from his record, but is it possible for him to get citezenship?
He needs to have an experienced lawyer examine his criminal record thoroughly. He may be subject to removal if it is for certain crimes and would have to analyze if he is eligible to vacate the conviction before he can consider doing anything about adjusting his status for citizenship.
Hire a lawyer to protect your legal rights.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
A theft conviction is considered a "Crime Involving Moral Turpitude or CIMT." Any conviction of a CIMT within five years of filing the N-400 will likely disqualify the applicant because of Good Moral Character concerns. Please be advised that if the CIMT conviction occurred within five years of approval of the greencard you could be subject to removal proceedings. A second CIMT conviction sometime int he future could also subject you to removal proceedings. If it is possible to "Vacate" the CIMT conviction (not expungement) then you could argue the conviction has no immigration consequence. This is difficult to do. Particularly in Oregon because Oregon has a 2 year limit in most circumstances on "post conviction relief." Before filing for citizenship I would suggest you consult with both an experienced immigration and criminal attorneys.
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