Immigration Appeal Lawyer New York Gmc Theft Convictions

The applicant was a Haitian national who had been a lawful permanent resident of the United States for over twenty five years and had continuously resided in New York State.

Several decades earlier, during a period of economic hardship, she had accumulated multiple misdemeanor theft convictions classified under New York Penal Law §155.25 (Petit Larceny).

When she later applied for naturalization under INA §316(a), USCIS denied the application, concluding that the record reflected a lack of good moral character.

Under Immigration and Nationality Act §316(a) and 8 C.F.R. §316.10(a)(2), an applicant must demonstrate good moral character during the five years immediately preceding the filing of the naturalization application.

All of the applicant’s theft related convictions occurred more than ten years before the filing date and were therefore outside the statutory good moral character period.

Because none of the offenses constituted aggravated felonies or permanent statutory bars under INA §101(f), USCIS lacked legal authority to deny naturalization based solely on those events.

Pursuant to USCIS COVID-19 flexibility announcements issued under federal emergency authority, deadlines for filing Form N-336 requests were temporarily extended.

Although the extension applied, the available preparation window was extremely limited.

The legal team rapidly obtained certified court dispositions, proof of sentence completion, employment history, tax records, and sworn affidavits demonstrating rehabilitation and community involvement in New York.

The appeal submission documented more than a decade of lawful behavior, stable employment, and family responsibilities in New York City.

Evidence included letters from employers, religious leaders, and community organizations confirming the applicant’s integrity and reliability.

By aligning these facts with federal regulations at 8 C.F.R. §316.10(b)(3), the appeal established that the applicant met the good moral character standard as a matter of law.

This case illustrates how an immigration appeal lawyer in New York can successfully challenge improper naturalization denials by enforcing statutory limits on USCIS discretion.

It also demonstrates the importance of understanding both federal immigration law and New York criminal classifications when preparing appeals involving good moral character determinations.