Naturalization, Citizenship When to reapply after citizenship being denied -- please help

[kimberlyd]

I applied for citizenship two years ago based on marriage to a US citizen. Recently I got the denial letter from INS, due to a conviction record last year. It was a petty theft and I paid for a fine and was put on probation for one year (already completed). The maximal penalty is 6 months of imprisonment in county jail and/or $1000 fine.

From what I've read on this forum, this shouldn't be a problem for me at the port of entry if I travel outside US and then come back.

When can I reapply for citizenship? I've spoken with several immigration atterneys, and am hearing different answers. Some say that I could reapply now that the probation is over, and it would help if I have the record expunged. Some say that I should wait for 5 years to show I have good moral character. Some say 3 years.

Any help is highly appreciated.

 

[NYClex]

It is not easy to give a clear answer because the INS has a lot of discretion in that. I personally would advise to file only after 5 years with a clean record, but this is only my personal opinion and you should not rely on it.