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I'm writing this regarding my mom. She has had her GC for more than 20 years. In 2002, she was caught shoplifting and was charged with class 1 misdemeanor to which she plead GUILTY. She had 1 year probation and after the probation, was able to get the crime "set aside." It has been 6 years since the crime and has not had any trouble since. Would she qualify for citizenship? Does anyone know any good immigration attorneys in Seattle? Thank you in advance.
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A petty theft case that was "set aside" shouldn't cause too much of a problem for her, if she plead guilty, completed her punishment and/or made restitution, and hasn't had any other criminal activity. The fact that the record was set aside or expunged should also work in her favor.
A good idea would be to contact the court where her case was heard and request more information about making sure the case was expunged, so that it won't cause her problems when she seeks citizenship. The INS will probably still want certified copies of all of the court records showing the police report, the judgment, and the release/satisfaction of the sentence if it is just set aside. The court clerk should be able to provide these to you for a very small fee. -
Generally, good moral character
is most closely scrutinized for the 5 year period prior to the filing date of the N-400. As long as she is honest about it, it should not be a problem. asubmit the court docs upfront to sped things up.
Good Luck,
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