Can I renew my green card with a embezzlement felony charge reduced to petite larceny misdemeanor? 11 Answers as of March 05, 2012

I have been a permanent resident green card holder for 20 years. I have to renew it every 10 years. My green card is expiring soon. 8 years ago I was charged with embezzlement but was only convicted with petite larceny misdemeanor. Will they deny my green card renewal? I've been traveling to different countries on vacation without a problem.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Yahima Suarez, A Law Firm, PL | YAHIMA SUAREZ
To answer your question, I would need further details, such as, when was the last time you traveled. In recent times things have changed greatly. I have had client who have traveled for years until one day that they have been detained. Petit Larceny is usually considered a crime involving moral turpitude and thus affects your residency. However, the statute from the state you were convicted needs to be reviewed to see if it does affect you or not. Were you convicted or were you part of a program that when you completed conditions, there charges were nolle prose? Again, generally this charge would affect you but you MAY qualify for a waiver with immigration.
Answer Applies to: Florida
Replied: 3/5/2012
Law Offices of Alan R. Diamante, APLC
Law Offices of Alan R. Diamante, APLC | Alan R. Diamante
No. If it is the only offense, you are not deport-able. Have you considered citizenship?
Answer Applies to: California
Replied: 3/5/2012
Law Offices of Kiran Nair
Law Offices of Kiran Nair | Kiran K. Nair
If your conviction is classified as a crime involving moral turpitude (CIMT) but you have only one such conviction then it should not be a problem; however, if two or more CIMT or the conviction depending on sentencing is classified as an aggravated felony after becoming legal resident then you could be placed in removal proceedings.
Answer Applies to: California
Replied: 3/5/2012
Reza Athari & Associates, PLLC
Reza Athari & Associates, PLLC | Reza Athari
If it is a petty larceny, no problem. You may even qualify to apply for citizenship.
Answer Applies to: Nevada
Replied: 3/5/2012
Law Office of Rebecca White
Law Office of Rebecca White | Rebecca White
You will need to take a full copy of the criminal history to an immigration attorney for review, and you will want to do this before you travel outside the United States again. At that time you can also look into whether you would be eligible for naturalization.
Answer Applies to: Washington
Replied: 3/5/2012
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    If you were only charged with petty theft and your conviction is only a misdemeanor, then in all probability you will be just fine. My only concern is that embezzlement is a crime of moral turpitude. But in all likelihood and not being familiar with your case, I believe the Petty Theft Exception will apply to you if this is the only item in your criminal record.
    Answer Applies to: California
    Replied: 3/5/2012
    HADJIAN LAW P.C. | ZARI HADJIAN
    Yes and no there are ways to renew, you should consult with an attorney.
    Answer Applies to: California
    Replied: 3/5/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    The answer depends upon the exact language of the petite larceny charge, the potential sentence of imprisonment you could have received, and any term of imprisonment you served. In general, if the maximum potential sentence was one year and you were sentenced to 6 months or less of imprisonment, you should be fine. It was also depend upon whether you have any other criminal history. However, you should consult an attorney before filing to ensure you qualify for an exception.
    Answer Applies to: New York
    Replied: 3/5/2012
    Bell, Nunnally & Martin, LLP | Karen-Lee Pollak
    If this is your obly offense you should be fine. I would explain what happened; provide the charge and dismissal sheet and emphasize it was petty theft which may fall under an exception for crimes of moral turpitude.
    Answer Applies to: Texas
    Replied: 3/5/2012
    Verdin Law Firm, LLC
    Verdin Law Firm, LLC | Isaul Verdin
    If you only have one criminal conviction for a CIMT, then you should be ok to renew. Contact an immigration lawyer for a thorough review of your criminal documents.
    Answer Applies to: Texas
    Replied: 3/5/2012
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    You've been traveling to other countries without a problem is irrelevant to whether you could have it renewed it or not. Because embezzlement, even theft, is crime involving moral turpitude, yes, you will probably be denied. If you wonder if you can do something about it, you should talk to a lawyer face to face.
    Answer Applies to: Florida
    Replied: 3/5/2012
Click to View More Answers: