Theft and Immigration

     Theft convictions (even accusations) affect immigration in many ways. No one case is the same. A theft offense may bar a person from entering the United States or obtaining a green card. A theft conviction may lead to removal (deportation). A theft conviction may also prevent a legal permanent resident from naturalizing. Theft cases delay petitions and applications, and many times lead to federal lawsuits.

     In best case scenarios, a theft offense is considered a ‘petty offense’ and has no effect on a person’s status. He or she can continue to live, work and travel throughout the United States. In worst case scenarios, a theft conviction is considered an aggravated felony. An immigrant with an aggravated felony will be subject to mandatory detention and permanent removal from the United States. Mandatory detention means no bond and lasts for months, even years. Often times, immigrants give up on their case and return home (See Joe Guidice from Real Housewives.)

     Depending on the circumstances, theft cases can create a mountain out of a molehill. For example, if Penny, a legal permanent resident, gets convicted of stealing $149.00 worth of clothes in Pennsylvania, she will have a summary offense retail theft conviction on her record. This is not a deportable offense because of the amount involved and the grading of the offense. However, if Penny gets convicted of stealing $151.00 worth of clothes in Pennsylvania, she will have a first-degree misdemeanor retail theft conviction on her record. If she has less than five years of residency, she will be deportable. If she has even one more theft conviction, she will be deportable. If she is sentence to a term of one year or more in prison (even if paroled immediately), she will be an aggravated felon. Unless she qualifies for a very limited waiver, Penny will likely be deported.

     Alleged conduct matters, too. If an immigrant is charged with a theft offense, it is important to make sure it is the correct theft offense. Stealing a car is a serious theft offense. Joyriding mom’s minivan is not. Permanently depriving a person or store of items is a theft offense, while changing or misconstruing a price label may not be considered theft. If digital theft does involve a bank or financial institute, or does not cross state lines, it should be prosecuted properly as a state – not federal – crime.

     The term ‘theft’ varies from state to state, country to country. Theft includes not just stealing, but other actions. For example, theft by deception, theft by unlawful taking, identity theft, theft of services, retail theft are all theft offenses, but carry different sentences and grading (from summary offenses to felonies).  Theft from city to city is a state crime, while theft of public services or theft carried across state lines is a federal crime. Some states allow defendants accused of theft to enter pre-trial diversionary programs. Some states automatically seal and expunge long-forgotten minor theft convictions. Although rare, governors and presidents issue pardons to eligible candidates, which will erase a criminal record.