Legal Question in Immigration Law in California

Re: Reapply for citizenship

You must have 5 years of good moral character immediately preceeding the application for natz in order to qualify. Yes, you must wait 5 years and re-apply.

Re: Reapply for citizenship

You don't have to wait another five years but can reapply with a new N-400 now. The conviction will still be considered by the INS because it occurred within five years before the new N-400, but with an expungement it is a little better than during your first interview. That's why the officer advised you to wait until the end of your probation. If you don't have any other conviction or arrest, the general policy of the INS in Los Angeles is that one misdemeanor conviction for petty theft on a person's records, especially an expunged one, will not result in denial of citizenship. Of course, it's better to wait until 5 years after the conviction has passed, but even then, the conviction will still be considered by the INS as a negative factor.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after an attorney-client relationship has been expressly established.