petty theft and citizenship

[septembersapphire 0]

^{Good day! I am embarassed to say that last January 2013., I was caught shoplifting at Walmart amounting to $40 and was charged. There was no jail time and no fingerprints taken, It was my first offense ever. The court made me do 10 hours community service and after completion they dropped my case as NOLLE PROSSE. And so being married to a US citizen, I am supposed to apply for citizenship this August 2014. I am very nervous since even though the charge was dropped, it has only been a year since the incident happen. I heard that you have to wait for 3 or 5 years before applying for citizenship to establish good moral character if you were charged... However, since my case is my first offense and case was dropped then am qualified in the Petty Theft Exception clause. I was even able to fly in and out of the country last year proving I am admissible , thaks to the Petty Exception Clause..My question is IF YOU ARE COVERED UNDER THE PETTY THEFT EXCEPTION CLAUSE, CAN I APPLY FOR CITIZENSHIP WITHOUT WAITING FOR ANOTHER 3 YEARS OR 5 YEARS CONSIDERING THAT I FALL UNDER THE PETTY THEFT EXCEPTION?... thank you all for your time}

[Hypnos 6,576]

An interesting question.

You may want to post over at http://www.avvo.com to get attorney answers on this for free, and / or at http://immigrate2us.net which may further get you the information you need.

(Edit)

I did find this: http://www.immig-chicago.com/blog/2012/04/26/your-immigration-status/the-impact-of-shoplifting-on-eligibility-for-naturalization-the-petty-offense-exception/ which indicates that the petty offense exception also applies to naturalisation.

Edited February 8, 2014 by Hypnos

[Ontarkie 14,225]

~~Moved to US Citizenship General Discussion, from General Immigration Related Discussion~~

~~Duplicate Thread Removed~~

[Shiobhan 235]

Best to ask a lawyer or call USCIS for the answer

[soundedguy 8]

^{Good day! I am embarassed to say that last January 2013., I was caught shoplifting at Walmart amounting to $40 and was charged. There was no jail time and no fingerprints taken, It was my first offense ever. The court made me do 10 hours community service and after completion they dropped my case as NOLLE PROSSE. And so being married to a US citizen, I am supposed to apply for citizenship this August 2014. I am very nervous since even though the charge was dropped, it has only been a year since the incident happen. I heard that you have to wait for 3 or 5 years before applying for citizenship to establish good moral character if you were charged... However, since my case is my first offense and case was dropped then am qualified in the Petty Theft Exception clause. I was even able to fly in and out of the country last year proving I am admissible , thaks to the Petty Exception Clause..My question is IF YOU ARE COVERED UNDER THE PETTY THEFT EXCEPTION CLAUSE, CAN I APPLY FOR CITIZENSHIP WITHOUT WAITING FOR ANOTHER 3 YEARS OR 5 YEARS CONSIDERING THAT I FALL UNDER THE PETTY THEFT EXCEPTION?... thank you all for your time}

It's so unfortunate but only you know what you were thinking to get yourself involved in an act like that. The NOLLE PROSSE means charges were dropped and has no impact on your citizenship. I am hoping all the court documents says are NOLLE PROSSE and without the community service on them. Get certified copies to send in with your paperwork and take to the interview. All they care for is the outcome of the charges and in your case, the charges were dropped. Apply without fear, you will for sure be fine.

Good Luck.