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Pretrial diversion and N400

Carrollton, TX |

I made a mistake misdemeanor(shoplifted) charge, my lawyer sad tahat he can get me a pretrial diversion, but my big problem is that i am on waiting list for n400 interview , i am going not to go and file again when my probation will be done, will i still have chance to a prove my N400. Thank you

Attorney Answers 3

Posted

That is the right choice. You will only be able to qualify for filing for naturalization once you are no longer under any probationary period. I wouldn't worry about the shoplifting misdemeanor (just make sure not to do it again), the "petty theft exception" can be successfully plead on your behalf. That will not work, however, if your are caught again.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

immigration consequences of criminal conviction depend on the precise language of the conviction statute.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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Posted

Agreed that this is the right choice. However, you should talk to a lawyer right away. I have a lot of cases with criminal and immigration aspects. Pretrial diversion is a special program here and it is fought about a lot in immigration court. I have been able to get the agreements drafted so that they are NOT convictions for immigration. If your criminal attorney has not finalized it, you should consult with an immigration attorney about trying to get some help on that point.

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