Skip to main content

Shoplifting deferred action immigration?

Knoxville, TN |

I was brought to the U.S. at 3 months old. I am now 22 with 2 children, I graduated highschool in '07. I got a ticket for shoplifting an eyeliner at a k-mart when I was 19. I plead guilty with an explanation. I was never arrested, I paid the fine of one hundred dollars. This is the only incident on my record? Would this jeopardize me from being included in the new deferred action policy? Should I get a lawyer to file?

More info on ticket: obviously I made a mistake and I'm not innocent. I did take a receipt with proof I paid for everything else. I think the judge lowered my fine because of this. Do my u.s. citizen children give me any equity in fighting this? Can I try to get this expunged? never had contact with law enforcement except this one time.

Attorney Answers 5


  1. We do not know for sure, but it seems it will bea problem
    For more info on what we DO know see link below

    http://immigrate2usa.blogspot.com/2012/06/deferred-action-what-you-need-to-know.html

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 nfleischer@immigrate2usa.com Enjoy our Blog at http://immigrate2usa.blogspot.com/


  2. It could. It depends on how USCIS will define "significant misdemeanor."

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. You should retain an immigration attorney and have him/her obtain the certified disposition. From there, he/she can vet the case out as to whether or not you should go ahead and file.

    VOSBIKIAN & VOSBIKIAN, L.L.C. (856) 755-1400, e-mail: ssvosbikian@voslaw.com - Offices in Atlantic City, Cherry Hill, Newark, and Trenton, NJ. Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please visit and share this site: www.voslaw.com


  4. Anyone with any criminal convictions should hire an attorney for this process.

    Here is an explanation of what we know so far as to what criminal violations will make someone ineligible for deferred action under this rule:

    http://www.facebook.com/l.php?u=http%3A%2F%2Fimmigrationanswerman.posterous.com%2Fwhat-kind-of-criminal-convictions-will-make-s&h=AAQH-GJQ9AQErUkYZz7IWsrHSJ9Sz8jN0WXsxCTfFiG8aTA

    Ari Sauer
    Siskind Susser Law Firm
    1028 Oakhaven Rd.
    Memphis, TN 38119
    901-682-6455
    www.visalaw.com/ari
    www.immigrationanswerman.com

    For a consultation appointment call 901-682-6455. The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Neither NY, NJ or TN offer certification as an Immigration Specialist. This is an advertisement.


  5. I agree with the other attorney responses. Simply put, it's too early to tell since the definition of "significant misdemeanor" is still a work in progress. Contact an immigration attorney to discuss this matter and stay informed as these new regulations develop.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics