I have been a LPR for 13 years. I am 19 years old and go to school.
There are many instances when you may not have been convicted according to state laws, but Immigration law will still consider it a conviction. The only way to be sure is to consult with an immigration attorney so they can review the record of conviction. Advice you receive on sites like this are not legal advice and that means you cannot rely on it. You need advice you can rely on; you need to consult with an immigration attorney. If money is an issue, consider applying for services with a legal aid organization or similar non-profit offering free/low fee immigration legal services. Good luck!
If the charges are presently pending, you need to retain an experienced criminal defense lawyer to represent you in this matter. It is critical that you protect your rights and preserve your defenses, not only to avoid any pitfalls with the criminal charges, but also to protect yourself from any possible immigration consequences. Is the case still open, or have you already entered a plea to the charges?
You can apply but the question is will you qualify for citizenship? Grand theft is a crime of moral turpitude. As such, it may very well become a problem for your citizenship.
When did you commit the grand theft? When did you take a plea to the charge?
We may be able to vacate your plea.
There are two issues: First we need to make sure you are not deportable. Even a withhold of adjudication may count as a conviction for immigration purposes. Second, we need to check your eligibility for naturalization. Naturalization requires good moral character for at least the last 5 years. Please consult an experiecned immigration attorney asap.
The immigration consequences of convictions depend on the exact language of the statute under which the conviction took place.
You need to retain an experienced immigration lawyer to review all the facts, including the court disposition and the charging documents, in order to advise you, and handle the case.
The information you present is not quite clear. You state that you "committed" the act but were not convicted. One thing for sure: You really really must consult with an experienced immigration attorney about this case, and bring certified copies of the court records with you to your consultation.
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