Brooklyn, NY asked in Criminal Law and Immigration Law for New York

Q: Shoplifting in New York City 6 years ago, affect her US citizenship application?

My cousin, lives in Brooklyn, was arrested on March, 2013 for shoplifting once in New York City in her 30s.. She paid $500 penalty to the store, convicted in the court and did a few days community service. The case was dismissed and sealed after 6 months probation. She has no other criminal record. On August 2019, she got her 10 years green card based on marriage with a citizen on 2015. She better applies citizen now or wait more years? Under current immigration climate, during application, is it possible to be put into penalty, arrest or removal proceedings? Will the officer reject her application just because of this record? What else can she provide to show good moral character?

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2 Lawyer Answers
Leonard R. Boyer
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Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: This will have a negative impact on her chance to stay in the U.S. Marriage to a U.S. Citizen is insufficient to protect her. She might be subject to removal proceedings. You need to have an in person consultation with an experienced immigration attorney immediately!

Stephen Shaiken
Stephen Shaiken
Answered
  • Criminal Law Lawyer
  • Tampa, FL
  • Licensed in New York

A: Under immigration law, an applicant for naturalization must prove good moral character for a five year period prior to filing the N-400. (While USCIS can go back more than five years in the exercise of discretion, they usually do so only in cases of more serious offenses or multiple convictions.) Any time that a person was in probation or some form of court supervision counts as part of the prior five years. Here, according to what you say, your cousin's court supervision ended in September of 2013; her N-400 will be filed well after the five years period. I sincerely doubt that she will be denied naturalization based on what sounds like an ACD, which does not even count as a conviction, since in an ACD, one need not plead guilty or admit the crime. In other words, with an ACD, there was never a conviction. Even if there was a conviction, as I said, she would not likely be denied naturalization. However, it is very important that she state the fact of the arrest and the disposition. I would immediately obtain certified copies of the court documents, especially the judgment, as this will let you and your lawyer know exactly what happened, and provide all the correct information. Good luck!

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