In my column This week's Consulta Migratoria® answers a question from a reader who committed a crime and now wishes to apply for U.S. citizenship.
Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I have been a permanent resident of the United States since 1998. Two years ago I pleaded guilty to shoplifting. Now I want to file an application for naturalization and I want to know if the crime I committed will affect my case. -Maria V.
Maria, you may not currently be eligible to apply for citizenship through naturalization.
One of the requirements for filing is to demonstrate that you have been of good moral character for five years prior to filing and up to the time of the Oath of Allegiance. The time period may be different for certain individuals who are married to U.S. citizens or are members or veterans of the U.S. Armed Forces.
But the U.S. Citizenship and Immigration Services may also review and analyze the applicant's moral character even before those five years. This means that moral misconduct prior to the statutory period may be considered relevant to assessing the applicant's current moral character.
In general, an officer must examine the totality of the circumstances and take into account all factors - favorable and unfavorable - to determine eligibility.
In your case, the crime you committed two years ago is likely to disqualify you, since having broken the law, it will be established that you have not been a person of good moral character for the period required by immigration law.
You should hire an immigration attorney immediately to evaluate your case and determine when you can file an application for naturalization. In the meantime, stay out of trouble and do not travel out of the country until instructed to do so by the immigration attorney.
