You should be OK if this will be your first conviction and it is not an aggravated felony under the immigration laws. You need to consult with an experienced immigration attorney who must see the actual provision under which you are charged.
This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.
The answer to this question is general in nature and is based on the limited facts presented in the question. This answer does not create an attorney-client relationship and no such relationship will be formed with Mr. Yakzan until a formal consultation is conducted at his office.
While true that Theft 3 is NOT an aggravated felony it is a crime of dishonesty and falls within the crimes that constitute Crimes Involving Moral Turpitude (CIMT) which can trigger/start Removal proceedings.
If your conviction to Theft 3 (or ANY Crime Involving Moral Turpitude) was committed MORE than 5 years from the date of your admission as an LPR then you should be safe (i.e. not subject to deportation) If this is the second or more of any two separate CIMT convictions “after admission” then it may trigger deportability.
You should speak to an experienced Immigration lawyer for advice.
Make sure you consult an immigration attorney before travelling outside the country. If your conviction triggers deportation consequences, you may be detained at the border and immediately placed in removal proceedings. Do not leave the country before consulting an immigration attorney.
The statement above is general in nature, 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.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law