After the probation the petition for dismissal was granted .i consult an immigration lawyer he told me that I wont have any problem filling for citizenship and this is not a CIMT and I dont need a lawyer to go with me to my citizenship interview becouz this is a minor offens is that true ?
Petty theft is a crime of moral turpitude (CMT). However, under the "one petty offense" exception, if you have no other convictions, one petty theft conviction will not usually result in your deportation.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Attorney Schusterman is correct, you need to talk to an attorney to see if the "petty' crime law applies to you. There are many good lawyers on Avvo ... and here: www.ailalawyer.com
FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
The petty offense exception only applies if you committed only one crime of moral turpitude. If you committed more than one crime of moral turpitude,, the exception does not apply. When you apply for citizenship, the criminal conduct is relevant to establishing good moral character, and may be considered whether it took place within the last five years or not.
In any citizenship petition, an arrest alone can lead to an adverse good moral character finding. If you admitted committing the crime in any way that would constitute a valid admission of committing a crime of moral turpitude, you could be in danger of being placed into removal proceedings if you leave the U.S. and attempt to reenter the U.S.
Consult with a competent attorney or BIA-accredited representative; I think it would help if you brought a representative and prepared for your interview with one. I assume that you disclosed these facts in your N-400; if you didn't that could lead to additional problems.
Daniel Green, Esq.
Serving the Hudson Valley, Northeast, and the World Beyond
Location: 684 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
This answer should not be construed as legal advice and should not be relied on to take any action whatsoever; neither does it create a lawyer-client relationship.
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