Criminal Law petty theft with a gren card

[kyokusanagi94]

I have been a permanent resident in california for 3 years now, 2 years back I was charged for petty theft and I plead guilty, which is a misdemeanor. What are the chances to get deported? will I be able to apply for citizenship?. Will the petty offense apply in my case, this is the only conviction I have I was sentenced only one day of state jail for booking only and the maximum penalty for this I think is 1 year. Please someone help me.

 

[kyokusanagi94]

I forgot to ask do the petty offense exception apply to permanet residents too or only people with visa.if I apply for the petty offense exception will I have to wait 5 more years before applying for citizenship.

 

[Husty]

Deportation can be triggered by multiple CIMT convictions regardless of the sentence if they do not arise from a single scheme of criminal conduct.
When dealing with one crime only, it has to occur (the date of conviction is not relevant here) within the first five years after admission and the possible sentence must be of a year or more to trigger removal.
Given that your offense is a misdemeanor (with a possible sentence of less than a year) you should be fine.
However, this is not legal advice, you should consult an attorney to answer your questions in a professional manner.

 

[kyokusanagi94]

Thanks husty, but one thing I still cant figure it out, do I need to wait 5 years more after the accident to apply for citizenship, or I can apply once I have completed 5 years of residency. Will I have to take any paperwork to show them of my conviction so they can see i apply for the petty theft offense or do the INS find out by themself.

 

[Husty]

A conviction for a crime of moral turpitude could obviously, regardless of the sentence, prevent the finding of good moral character. Other convictions could come into play as well, regardless of the time when they occurred.
It looks like you will have to wait an additional five years before you can file your N-400.
You should look into legal representation.
This is not legal advice, for legal advice contact a qualified attorney.