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.
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.
Hire a lawyer to protect your legal rights.
Jeffrey J. Estrella, Esq.
Licensed Attorney and Counsellor At Law/Abogado y Licensiado
Licensed in New York, New Jersey, and Connecticut
The Estrella Law Firm, P.C.
75-20 Astoria Boulevard, Suite 170
Inside The Bulova Corporate Center
Jackson Heights, NY 11370
T. (347) 628-2391
F. (718) 672-4728
The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com
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; email@example.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.
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.
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.