Immigration, deportation, legal resident alien with theft charge, affect on adjustment of status

Theft charges are NOT always Crimes Involving Moral Turpitdude. The BIA (Board of Immigration Appeals) has held that "ordinarily, a convicition for theft is considered to involve moral turpitude only when a 'permanent' taking is intended" Matter of Grazley, 14 I & N Dec 330 (BIA 1973). Temporary takings are not crimes of moral turpitude. Matter of P, 2 I & N Dec. 887 (BIA 1947). In Florida our statute considers permanent or temporary takings to be theft. Therefore, our statute is divisible statute. Because it's divisible, an Immigration Judge can look at the conviction record to determine if the taking was permanent or temporary. In MOST Florida cases the record does not say whether a taking is permanent or temporary.

All hope is not lost in your case. You may be sent to removal proceedings but you have options. Contact an immigration attorney that is a member of AILA (American Immigration Lawyers Association) they can help you out. More than likely you will need to file a 212 Waiver. Good Luck

Initially, and as Attorney Dougherty indicated, not all theft charges are crimes involving moral turpitude. Additionally, you may not have been "convicted" under the immigration law. Finally, even if the first two issues are resolved against you, if you have an otherwise clean record, you may still be able to adjust status. The crime, as you've described, may fall under the petty offense exception.

Based on the information you've provided, I am unable to fully assess your case. You should consult with an immigration attorney who is skilled in deportation and family based immigration prior to proceeding on any course of action. Attorneys who practice immigration law are practicing federal law and therefore you can hire an attorney from anywhere in the country (as long as he/she is licensed).