Results 1 to 4 of 4
  1. #1
    Join Date
    Mar 2016
    Posts
    2

    Default Does the Petty Offense Exception to Crimes of Moral Turpitude Apply to Naturalization

    Hello, I am hoping someone can help me or maybe send me in the right direction... I have been a permanent resident for 8 years now. Around 4 years ago, I made a horrible mistake, I shoplifted from a department store and now have to live with the shame and legal consequences.

    In VA shop lifting over $300 is considered grand larceny, a felony with a 20 year sentence. I immediately hired an attorney ( not an immigration lawyer). After court I was left with a petty theft conviction which in VA is a misdemeanor with a 1 year maximum sentence. My sentence was a suspended 6 months sentence.

    Since then I have traveled overseas twice. The first time I was questioned on my way back in, that took around 5 hours. the second time it was 30 minutes.The ICE officer said that I fit under the petty theft exception and that I can leave and come back as I please with nothing to worry about.

    My wife received her citizen ship 3 years ago. I need to determine whether or not it is time for me to apply, and if fit under the petty offense exception or not.
    The exception states that:

    - This is your first offense : Yes
    - Sentence Imposed of Six Months or Less: Yes
    - Maximum Possible Sentence of One Year: I think so? this is the part that is unclear in all my research, does this mean that my final conviction couldn't have had a maximum sentence over 1 year? or is it that the offense did not have a maximum possible sentence of year.

    I will be contacting an attorney in the next couple of days. But I wanted to see what others think and if anyone has had a similar case.

    Thank you in advance.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Criminal

    It means the offense for which you were convicted.

    The problem here is your terminology isn't exact. You need to dig out your court records (or obtain them from the court) to find out just what you were convicted of. First off, the threshold is $200 not $300. What you need to find out is whether you were actually convicted of Petty Larceny (18.2-96) or Grand Larceny (18.2-95). The court is given the discretion in the latter to treat it with the misdemeanor penalties.

    For the immigration, it's the crime for which you were convicted. If it's petty larceny, then it has a maximum penalty of twelve months and thus would fit in the exception. If you were convicted of grand larceny with the misdemeanor penalty, you were subject to longer penalties and the exception would not apply.

    Note that you still must disclose even a petty offense on your N-400 and provide all the records about it. Indeed they will find out it was a plea bargain from a felony. While this might not be an outright bar to naturalization, you're likely to have some explaining to do. While the petty offense exception dodges the MANDATORY BAR, it doesn't guarantee that you will be found of proper moral character. Be sure that your immigration attorney is well aware of the full situation.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Does the Petty Offense Exception to a Crime of Moral Turpitude Apply to Naturaliz

    The petty offense exception relates to admissibility, not naturalization.

    For naturalization, you must normally demonstrate good moral character during the five year period preceding the application for naturalization. Conduct prior to the five year period may also be deemed relevant. As you chose to commit an honesty crime less than five years ago, you should consult an immigration lawyer before submitting your petition.

  4. #4
    Join Date
    Mar 2016
    Posts
    2

    Default Re: Criminal

    Quote Quoting flyingron
    View Post
    It means the offense for which you were convicted.

    The problem here is your terminology isn't exact. You need to dig out your court records (or obtain them from the court) to find out just what you were convicted of. First off, the threshold is $200 not $300. What you need to find out is whether you were actually convicted of Petty Larceny (18.2-96) or Grand Larceny (18.2-95). The court is given the discretion in the latter to treat it with the misdemeanor penalties.

    For the immigration, it's the crime for which you were convicted. If it's petty larceny, then it has a maximum penalty of twelve months and thus would fit in the exception. If you were convicted of grand larceny with the misdemeanor penalty, you were subject to longer penalties and the exception would not apply.

    Note that you still must disclose even a petty offense on your N-400 and provide all the records about it. Indeed they will find out it was a plea bargain from a felony. While this might not be an outright bar to naturalization, you're likely to have some explaining to do. While the petty offense exception dodges the MANDATORY BAR, it doesn't guarantee that you will be found of proper moral character. Be sure that your immigration attorney is well aware of the full situation.
    Thank you for your prompt response. Clarifying that for immigration, the crime for which I was convicted of is what determines the exception is such a relief! I understand that I committed a crime, and there is no excuse for that. To this day, I don't know what caused me to do it, this is something I thought I would never do and I now know I will never repeat. In my entire life, I've never had a single violation of any kind, not even traffic.

    I was convicted of petty larceny with the misdemeanor penalty.

    I have all of my documents and plan to discuss this thoroughly with the immigration attorney. I will also disclose everything with USCIS.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Law Issues: N-400 with Convictions for Crimes Involving Moral Turpitude (CIMDs)
    By test123 in forum Immigration Issues
    Replies: 1
    Last Post: 12-14-2010, 05:46 PM
  2. Removal (Deportation) and Reentry: Crimes Involving Moral Turpitude
    By tessmn in forum Immigration Issues
    Replies: 3
    Last Post: 02-15-2008, 07:47 PM
  3. Criminal Law Issues: A List of Crimes of Moral Turpitude
    By Legal Help in forum Immigration Issues
    Replies: 2
    Last Post: 11-14-2007, 03:54 PM
  4. Criminal Law Issues: Crimes Involving Moral Turpitude
    By alexmeltonus in forum Immigration Issues
    Replies: 3
    Last Post: 09-12-2006, 11:18 AM
  5. Naturalization: Petty Offense Exception and Naturalization Application
    By klim2 in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 07-14-2005, 01:55 PM
 
 
Sponsored Links

Legal Help, Information and Resources