Will a theft charge affect my immigration application? 10 Answers as of October 17, 2011

Yes. A charge of theft is especially concerning because it is a crime involving moral turpitude. You need to speak with an immigration attorney and a criminal attorney who is familiar with the immigration consequences of a theft charge.

A theft offense could be a problem for your residency application. If the theft offense involved the intent to permanently deprive someone of property, then it would be considered a crime involving moral turpitude. Depending on the maximum potential sentence and the actual sentence you receive, it may trigger a ground of inadmissibility and could also possibly be a deportable offense. There are broad waivers of this ground of inadmissibility and as an asylee you would qualify for a waiver of the crime. However, you should definitely consult with an immigration attorney before proceeding on your application for residency.

Yes, it can, though you may be eligible to expunge it.

The short answer is yes, there can be serious implications from a theft conviction. Seek help before pleading to the theft case. This is a major problem we encounter often.

It is important that your criminal and immigration attorney coordinate with each other. If you don't have both of these you need to retain them immediately. You are unlikely to get a final grant of permanent residency until the theft case is resolved but it is important that you not plead guilty to something that would make you deportable or ineligible for permanent residency.

In general one theft conviction will not affect your chance for green card, especially you have asylum status.

A theft crime can negatively affect your case (especially if the charges carry a sentence of greater than 1 year). My advice would be to find a law firm that handles both criminal and immigration matters. Having the charges dropped/reduced will likely help your circumstances.

You may file your application now if you are otherwise eligible to adjust your status. However, they will not make a decision on the application until there is a final court disposition. Regardless of the outcome, you must indicate you were arrested even if the charges are dismissed or you are acquitted. Any arrest can negatively impact an application for a lawful permanent residence, but some convictions can make you ineligible. It is important you contact an experienced immigration attorney as soon as possible to help you with this matter.

Yes, your arrest will have an affect on your adjustment application and you should consult with an experience immigration attorney who needs to examine the specific charges before you file an application.

You need to schedule an appointment now with a competent immigration attorney specializing in criminal and removal.