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Do I have a chance to get citizenship through naturalization?

Portland, OR |

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?

Attorney Answers 5

Posted

Have him get a disposition and schedule an appointment with an experienced immigration attorney. Also, there is no such thing as "get it out of record" for immigration purposes, unless it's vacated.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

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.

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Posted

I agree with my colleague. You should consult with an immigration attorney before applying. Good luck.

The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@emsylaw.com; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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Posted

His application will likely be denied because he cannot establish good moral character during the past 5 years. Even if his record is sealed, he still has to answer truthfully the question on the application which asks if he has ever been arrested or convicted.

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Posted

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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