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I committed 3rd deg. grand theft as a LPR but was not convicted. I wanted to know will I ever be able to apply for citizenship.

Miami, FL |

I have been a LPR for 13 years. I am 19 years old and go to school.

Attorney Answers 8

Posted

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?

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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Posted

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!

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Posted

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.

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14 lawyers agree

Posted

You can apply. Remember that the arrest record will be requested along with the disposition. They need to be certified copies. I would run them by an attorney experienced in removal proceedings and criminal issues in immigration.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (305)377-9331. www.olanolaw.com

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13 lawyers agree

Posted

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.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Posted

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.

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14 lawyers agree

Posted

Consult with and retain an immigration attorney before doing anything.

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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7 lawyers agree

Posted

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.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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3 lawyers agree

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