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  1. #1
    Join Date
    Oct 2013
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    Default Will Theft and Disorderly Conduct Affect My Citizenship Application

    I've been living in the U.S. since I was 6 years old and have a few things on my record that have made me not want to apply for citizenship for the past few years. I'm finding that because I grew up here and have some minor offenses on my record that it is making it much harder for me to apply for citizenship. Most of things on my record were dumb kid things that I did while in high school and college and my last offense was more than 8 years ago.

    The things I am concerned about are:

    Criminal Record:
    • Type: Violation - Disorderly Conduct | 10/15/2005 | Plead Guilty- Ordered to pay fine of $250
    • Type: Violation - Theft by Unauthorized Taking | 03/09/2003 | Fine Suspended ($300) –
    - This Violation was because a friend of mine took a cardboard construction sign and was seen getting into my vehicle with it. The fine was suspended and the charge was to pay for the value of the sign which was about $250.


    Driving Record:

    • Underage Administrative Per Se | 6/21/2004 | License Suspended 6 Months
    • Reckless Operation | 06/21/2004| Fine $250, License Suspended 60 Days
    • A few speeding violations prior to 2004 that were not on my official record. I cannot remember the specific violation or date.

    Juvenile Record:
    • Disobeying a Police Officer | 7/20/2000 | Sandown, NH | Charges Dismissed


    My questions are will any of these offenses affect my application? Are any of these bad enough that I need a lawyer? Also, the only documentation I have is my official certified state criminal record and state driving record. Do I need to hunt down the police reports and other documentation from the courts that these incidents took place in, or is this enough?

    I'm in the process of buying a home and really can't afford a lawyer right now so I'm hoping you all can help!

    Thank you!!!

  2. #2
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    Sep 2010
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    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    Theft is a crime of moral turpitude, you betcha.

    What is your status now?

    Again disagreeable demonstrates no knowledge of immigration law. He tells people they'll be deported when they've done nothing wrong and he trivializes serious situations.

  3. #3
    Join Date
    Oct 2013
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    4

    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    Does the severity of the Theft play a part? And does the situation behind it?

    Here's what happened: I was pledging a fraternity and as part of the 'initiation' one of the brothers made the pledges go and take this cheap cardboard construction sign from a building on campus. I was driving and someone made note of my license plate and turned it in. The next day I got a call from campus police and went to the police station where they charged me with a violation - theft (Note: in my state there is also a misdemeanor and I believe felony level theft, mine was a violation). The maximum sentence is a fine of $300, which the judge suspended and ordered us to pay the value of the sign (which was less than the fine).

    I graduated cum laude from college and have been working for a medical software company for over 6 years now. I'm also half way through grad school and have a 4.0 gpa. I haven't committed an offense in 8 years and pay (way too much) taxes. That has to count for something right?

    Also, do I need to go to the district court and get all the information on this case? What happens if the information I have is not notarized/certified?

    - - - Updated - - -

    Quote Quoting flyingron
    View Post
    Theft is a crime of moral turpitude, you betcha.

    What is your status now?

    Again disagreeable demonstrates no knowledge of immigration law. He tells people they'll be deported when they've done nothing wrong and he trivializes serious situations.
    I'm a permanent resident. I have never been illegal in any way since I got my permanent residency in 1990.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    I am not interested in having people bog down threads either with inaccurate representations of the law or by complaining about thread moderation. No "excellent" post was deleted.

  5. #5
    Join Date
    Oct 2013
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    4

    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    Quote Quoting aaron
    View Post
    I am not interested in having people bog down threads either with inaccurate representations of the law or by complaining about thread moderation. No "excellent" post was deleted.
    I'm not sure what "No "excellent" post was deleted" means, but I found the different perspectives being debated informative.

    Can anyone help with the rest of my questions? What kind of documentation do I need? Do I need that documentation on the application, or do I just need to bring it to the interview?

  6. #6
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    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    If you want to accumulate documentation of the disposition of your various cases, you should be able to obtain certified or exemplified copies from the various courts.

  7. #7
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    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    For naturalization, although good conduct over the past five years is crucial, you have racked up quite the history of criminal offenses including a crime involving moral turpitude. It would be a very good idea to discuss your case in detail with an immigration lawyer.

  8. #8
    Join Date
    Sep 2011
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    OH10
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    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    Nice that my response is deleted and repeated in the same basic form. Thanks for doing so Mr. K. I wouldn't want Ron to think his over reaction is grounded in factual basis. Nothing OP has done is a felony, drug related or a crime of violence. As I noted in the first post, consult an immigration lawyer to make sure the proper substantiation and representation of intent is shown in your application. I guess providing actual guidance on the law is frowned on.

    Here are examples of things that will count against you heavily:

    Any crime against a person with intent to harm.

    Any crime against property or the Government that involves “fraud” or evil intent.

    Two or more crimes for which the aggregate sentence was 5 years or more.

    Violating any controlled substance law of the United States, any State, or any foreign country.

    Habitual drunkenness.

    Illegal gambling.

    Prostitution.

    Polygamy (marriage to more than one person at the same time).

    Lying to gain immigration benefits.

    Failing to pay court-ordered child support or alimony payments.

    Confinement in jail, prison, or similar institution for which the total confinement was 180 days or more during the past 5 years (or 3 years if you are applying based on your marriage to a United States citizen).

    Failing to complete any probation, parole, or suspended sentence before you apply for naturalization.

    Terrorist acts.

    Persecution of anyone because of race, religion, national origin, political opinion, or social group.

  9. #9
    Join Date
    Sep 2010
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    19,901

    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    Again, you're confused. As Mr. K said a crime of moral turpitude while isn't an outright bar isn't a "nothing to worry about" thing. It's very serious as far as immigration is concerned. Just because he's not committed a crime that's a deportable offense doesn't mean we're going to hand over citizenship.

  10. #10
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Will Theft and Disorderly Conduct Affect My Citizenship Application

    I'm not confused at all. Each case, not cut and dry by the standards I listed is handled based on individual circumstances. The primary factory in such issues is intent. In my deleted post, I provided and excellent non commercial guidance letter regarding intent and immigration. The advice and investigation of an immigration attorney is an important component of gathering background information that shows absence of intent. A part of the intent issue is capacity. A minor is usually held to a lessor standard than an adult. If OP cannot afford an attorney, they need to document such records that exist focusing on a lack of intent for any application responses requesting more documentation of an event. Additional evidence either exists or does not exist. Nothing to debate about it.

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