Should I wait for my propation to be over before I apply? 11 Answers as of August 18, 2011

I'm considering applying for dual citizenship, Canada/US. I have a theft misdemeanor. I finished my community service, but I still need to finish up my one year probation. Should I wait until my probation is over and cleared before I apply?

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Kazmi & Sakata
Kazmi & Sakata | Harun Kazmi
Yes. The USCIS may deny the Naturalization if you are still on probation.
Answer Applies to: California
Replied: 8/18/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
Within the statutory period of either five or three years(depending on whether you apply for naturalization five years after you became permanent resident or three years if you marry and live with your USC spouse), you must have good moral character. Commission of crime within this five or three year period will certainly make this difficult or even impossible. You should wait for five or three years before apply.
Answer Applies to: California
Replied: 8/18/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
Yes. A theft conviction will definitely impact your ability to show you are a person of good moral character so I would suggest five years fo a good clean record and clear evidence that you are a different person and sorry for your mistake. Always best to have an attorney evaluate the specifics of your case but that is my general information to you.
Answer Applies to: California
Replied: 8/17/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Ideally you want five years of good moral turpitude and yes, probation does count towards that. Even with an expungement, you are still required to disclose all issues to DHS.
Answer Applies to: California
Replied: 8/17/2011
Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
To increase your chances of success, consider waiting until you are done with probation.
Answer Applies to: Texas
Replied: 8/17/2011
    Reza Athari & Associates, PLLC
    Reza Athari & Associates, PLLC | Reza Athari
    A theft conviction even a misdemeanor, may make you deportable. You should consult with an experienced immigration attorney. Even if it does not make you deportable, you should wait 5 years from commission of the crime. Let me know if we can be of help.
    Answer Applies to: Nevada
    Replied: 8/16/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    Most theft offenses will be deemed a crime involving moral turpitude. You need to have five (5) years of "good moral character" going back from the time you apply for naturalization. This generally will go forward from the time you completed all the terms of your sentence or probation. Be sure to include evidence of rehabilitation.
    Answer Applies to: Texas
    Replied: 8/16/2011
    Jacobson & Han LLP, Immigration Attorneys | Nikki Mehrpoo Jacobson
    USCIS will not grant your N-400 application while you are still on probation. Also be careful, based on the section of the law, when the crime took place, when you got your lawful permanent residence status there may be issues as to your good moral character and possible deportability issues.
    Answer Applies to: California
    Replied: 8/16/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    Yes, you should wait for the end of your probation period to avoid an adverse good moral character determination.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of Caro Kinsella
    Law Offices of Caro Kinsella | Caro Kinsella, Esq.
    Yes you must finish probation before applying for your Naturalization.
    Answer Applies to: Florida
    Replied: 8/16/2011
    GK Law Firm
    GK Law Firm | Galorah Keshavarz
    Your application for U.S. Naturalization will be denied if you are on any sort of probation. intended solely for the use of the named recipient or recipients.
    Answer Applies to: California
    Replied: 8/16/2011
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