Shoplifting And Deportation

Some shoplifting convictions may result in deportation. If you think that you might be charged with shoplifting, it is best to speak to an excellent immigration lawyer prior to entering into a plea agreement or going to trial.

When might you be deported for shoplifting?

Among the grounds of deportability is what is called a crime of moral turpitude or CMT. A theft offense, such as shoplifting, is generally considered to be a CMT. Due to how complicated it could be to determine whether a conviction qualifies as a CMT, you ought to have an immigration attorney evaluate your case to determine whether you may face a conviction for a CMT.

If the CMT that you are convicted of was within five years of your admission to the United States and could result in a jail sentence of one year or more, you may be deported. This one year or more of confinement requirement refers to the possible sentence, not the actual sentence that you received. You are not necessarily safe just because you were not sentenced to 1 year or more in jail. Your immigration law firm will need to check to see if the maximum possible sentence for your conviction was at least one year.

If your shoplifting conviction results in you being placed in deportation proceedings, make sure you consult with an immigration lawyer to see what options may be available to you. In some cases, an immigration attorney will be able to help you fight deportation or removal so that you can remain in America.

Some shoplifting convictions might even be considered to be aggravated felonies under immigration law. If your charge is an immigration aggravated felony, you will likely have very limited relief from removal and may not be allowed to come into America again in the future.

Under what circumstances will a shoplifting conviction lead to inadmissibility?

Inadmissibility could be a consequence of being convicted of shoplifting or some other CMT. This is important because being found to inadmissible can destroy your dreams for the future such as getting a green card, getting a visa or being allowed to enter the United States. An immigration lawyer will be able to advise you whether you are eligible for an exception to being inadmissible. These exceptions may apply if you were under age 18 when you committed the crime or if you qualify for the petty offense exception. Where the maximum penalty for your crime was one year of confinement and you were not sentenced to more than six months of confinement, you could be eligible for the petty offense exception. After reviewing your case, your immigration law firm should be able to advise you if you qualify for one of these exceptions or for some other form of relief from removal.