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My brother had a misdemeanor, in 2005. Will he have issues applying for citizenship? He is currently a permanent resident.

Napa, CA |

My brother was convicted of embezzlement from his old job appx $1,100 worth. It was originally going to be a felony, but due to first time it was lowered to a misdemeanor. This happened in 2005. He was told to pay the fees and do 3 years of community service. He did all of the above and petitioned for early probation because he did extra hours of community service, it was approved and he only did one and a half years of probation. He was allowed to get his record expunged in 2007 as he followed and paid everything as asked. Since his run in with the law, he has graduated as a computer engineer, and currently holds a great job for an international technology company. He travels plenty internationally, thus his job keep mentioning that he should apply for citizenship. Will he have issues?

Attorney Answers 3


  1. Your brother has been convicted of what is referred to as a crime involving moral turpitude. This is a basis for placing him into removal proceedings depending on a number of other factors that include: length of permanent residency prior to the commission of the offense; whether there are any other crimes; what the sentence was that was actually imposed. Then again he may not be placed into proceedings before an immigration judge and may be able to proceed with applying for citizenship. The best first step is a consultation with an experienced immigration attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. I agree he would be best served by meeting with an attorney who will review his criminal conviction and his immigration history.

    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


  3. Probably not, but having an experienced immigration attorney on his side would help and certainly he can afford one. Even though it was expunched he must list it as expungement does not seal his record from any 'Governmental agencies

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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