If you’re an immigrant or green card holder who has been charged with shoplifting, you are not alone and you’re right to be concerned. While many see shoplifting or petty theft as a minor offense, in US immigration law, it can have serious and lasting consequences.
At The Messersmith Law Firm, we’ve helped countless clients protect their green cards and immigration futures after shoplifting arrests or convictions often saving them from deportation or denial of citizenship.
Here’s what every immigrant needs to know about shoplifting and your green card in 2025.
How Shoplifting Affects Your Immigration Status
Under US immigration law, shoplifting is considered a crime involving moral turpitude (CIMT). This is a category that can make a person inadmissible or deportable under INA §212(a)(2)(A)(i)(I) and INA §237(a)(2)(A)(i). That means a single shoplifting conviction could affect your ability to:
- Get or renew a green card
- Adjust status (apply for permanent residence)
- Reenter the US after travel abroad
- Apply for US citizenship (naturalization)
However, the immigration impact depends on the facts of your case, such as the sentence, prior history, and timing.
When Shoplifting Leads to Inadmissibility or Deportation
Here’s when shoplifting becomes a serious problem for immigration:
1. Conviction After Admission or Entry
If you’re convicted of shoplifting after becoming a permanent resident, you may be deportable under INA §237(a)(2)(A)(i), especially if it occurred within 5 years of entry and carries a potential sentence of one year or more.
2. Conviction Before or During Green Card Application
If your shoplifting occurred before you applied for a green card, USCIS may find you inadmissible under INA §212(a)(2)(A)(i)(I) for committing a crime involving moral turpitude.
3. Multiple Offenses
Two or more theft-related convictions make you automatically inadmissible, regardless of sentence length.
4. Withheld Adjudication or Diversion
Even if your case was dismissed after probation or diversion, USCIS may still treat it as a conviction under immigration law.
Shoplifting, Good Moral Character, and Citizenship
If you’re applying for US citizenship, even a single shoplifting incident can cause denial if it occurred within the 5 year statutory period before filing. USCIS reviews not just convictions but also arrests, dismissed cases, or admitted conduct.
Can You Still Get a Green Card After Shoplifting?
We can assess your record, determine if you’re inadmissible, and prepare a legal brief or waiver showing rehabilitation, hardship, and family ties in the US.
What If You Were Caught Shoplifting but Not Convicted?
Even without a conviction, USCIS may still ask about the incident during your green card or citizenship process. You must always answer truthfully lying or concealing facts can lead to misrepresentation issues under INA §212(a)(6)(C)(i), which are often worse than the underlying offense. If questioned, we can help you present evidence that the incident does not meet the definition of a conviction under immigration law.
Frequently Asked Questions (FAQ)
Q1. Can shoplifting cause deportation?
Yes if it results in a conviction within five years of entry or involves multiple offenses, it can make you deportable under INA §237(a)(2)(A)(i).
Q2. Can I get a green card if I was convicted of shoplifting?
Yes it’s possible.
Q3. Will USCIS know about my shoplifting case if it was dismissed?
Yes. USCIS runs full FBI background checks and may see arrest records even if charges were dropped.
Q4. Can I travel abroad after a shoplifting conviction?
It’s risky. You may be found inadmissible at reentry.
Q5. What is a 212(h) waiver?
It’s a hardship based waiver that allows certain individuals with criminal records including theft to still obtain green cards or reentry permission.
Get Help If You’ve Been Charged With Shoplifting
At Messersmith Law Firm, we handle immigration intersection cases including theft, fraud, and misrepresentation on a regular basis.
20+ years of immigration experience
Proven success with INA §212(h) and §212(d)(3) waivers
Skilled in handling NOIDs, RFEs, and I-485 denials
If you’ve been charged with shoplifting and are worried about your green card, visa, or citizenship, don’t wait until it’s too late. We can evaluate your case, explain your options, and help you file the strongest possible strategy to protect your immigration future.
Email: info@messersmithlaw.com
Call: 305-515-0613
Visit: www.messersmithlaw.com