Kathleen, GA Immigration Law Firms & Lawyers

You must always disclose arrests when asked by immigration. However, only convictions can be used against you unless you admit under oath that you had committed a crime. Furthermore, there is an exemption for first time petty theft convictions that you may be able to use.

It appears you misunderstand the requirements for eligibility for naturalization. Among the requirements are ones relating to (1) residence and (2) physical presence. Generally, a Permanent Resident must reside in the U.S. for five years before becoming eligible to apply for naturalization (actually, one may apply as early as 90 days before the end of the 5-year period), and one must be physically present in the U.S. more days than be physically outside the U.S. during that five-year period. If a Permanent Resident is outside the U.S. for a continuous period of 180 days or longer, there can become a presumption that he/she abandoned residence in the U.S., but that presumption can be rebutted with evidence that residence in the U.S. was maintained notwithstanding the long absence (a continuous absence of 1 year or longer no longer creates a rebuttable presumption, but instead can cause a legal determination of abandonment of residence). Since you were permitted to re-enter the U.S. after your single trip of six months and 12 days, it appears you were able to rebut the presumption that you had abandoned your residence in the U.S., and so it appears you now may proceed with a naturalization application process. Nonetheless, there really is no substitute for you to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options, and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Federal immigration laws do not prohibit someone from owning real estate (such as a house) because of his/her unlawful presence. Some individual states have passed anti-immigrant state laws that may purport to limit the ability of a person who is unlawfully present to do some things relating to real estate and use of court resources (such as for recording deeds). The constitutionality of some of those state laws has not yet been resolved. It would be best to consult with an attorney who handles residential real estate matters in the state where the house is located.