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Can a conviction for criminal trespass affect my chances of naturalization?

Immigration 3 views 4 answers
I read some where that "Criminal Trespass is not a crime involving moral turpitude (CIMT) unless there is an intent to commit a CIMT while Trespassing" In my case I was originally charged with a felony burglary of habitation and later had it reduced to two misdemeanors 1. Criminal Trespass & 2. Assault on a family member. I ended up taking it to trial, where a jury found not guilty on the Assault but guilty on the Trespassing. Since I wasn't found guilty on the Assault which was the so called "intent" Armed with this information can I apply for naturalization and argue this myself with or without a lawyer when I go for an Interview and what are my chances. Thank you!

Attorney Answers

4
Luis Guerra ·
As I answered to you previously. Even though it may not be categorized as a crime involving moral turpitude (for deportation purposes), it may still hurt your "good moral character" for citizenship purposes. Do yourself a favor and speak with an experienced immigration attorney.
0 upvotes
Neil Fleischer ·
Without a doubt i would recommend hiring a lawyer. Yes, it can affect your naturalization For more immigration information, www.immigrate2usa.com
0 upvotes
Kyndra Mulder ·
You do not have to be found guilty of a crime, whether it is a CMT or AF, to be denied Naturaization. You can be found to lack the moral character required to become a naturalized citizen. Normally you must wait at least 5 years after any conviction. The USCIS may however go back more than 5 years into your history to make a finding that you do not meet the good moral character standard necessary for adjustment. I strongly suggest you retain an experienced immigration attorney to assist you BEFORE you file anything with the USCIS.
0 upvotes
Jeffrey Devore ·
Whether a particular crime involved moral turpitude is determined by what the actual statute says, not what the title of the crime is. Thus, a review of the criminal statute would be necessary to answer your question. Further, the issue of good moral character is still relevant even if the crime itself is not a CIMT because your behavior in general can be taken into account by USCIS. Any time criminal matters are involved you should consult with an experienced immigration attorney. These are very dangerous waters to be treading into alone without full knowledge of the law.
0 upvotes

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