Mason City, IA asked in Immigration Law for Iowa

Q: Can I apply for my citizenship right after I get off probation ? Charges marijuana first offense and theft 5th degree ?

I used my deferral judgment to get does charges off my background

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: As a general rule, individuals who have been convicted of a crime may not be eligible to apply for U.S. citizenship until a certain amount of time has passed after the conviction. The length of time can vary depending on the nature of the crime and other factors, such as whether the person has completed any sentence or probation.

For a first-time marijuana offense and a theft offense, it is possible that you may be eligible to apply for citizenship after a certain period of time has passed since the offenses occurred. However, it is important to consult with an experienced immigration attorney to determine your eligibility and any potential obstacles to your citizenship application.

It is also important to note that even if the charges have been removed from your criminal record through a deferral judgment, the USCIS may still consider the offenses when reviewing your citizenship application. It is therefore important to provide full and accurate information about your criminal history when applying for citizenship.

In any case, it is recommended that you speak with an experienced immigration attorney who can review the specifics of your situation and advise you on the best course of action. They can help you navigate the complex immigration laws and procedures, and help you understand your options for applying for U.S. citizenship.

Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: Unfortunately deferments do not count for immigration law. The officer conducting the naturalization interview would look at your moral character particularly in the 5 year period directly preceding your naturalization application. So, if you have any criminal history during that period, it will be heavily considered to determine whether you meet the good moral character requirement necessary to be able to naturalize. For best results, schedule a consultation with a reputable immigration attorney who can look over the details of your criminal history to determine how they would impact a potential naturalization application.

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