Our client, a citizen of India, was arrested for Theft, Class C Misdemeanor. Part of the punishment included 1 year of “community supervision,” which fell within the 5-year window of good moral character. USCIS therefore denied the citizenship application, but on appeal, Attorney Furqan was able to convince USCIS that “community supervision” is not the same thing as “probation” or “parole” and therefore does not affect good moral character, per the regulations at 8 CFR § 316. USCIS then reversed their denial and client was able to naturalize.
