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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.

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Attorney answers 5


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

Neil I Fleischer (513) 977-4209 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 Enjoy our Blog at


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.


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: - 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:


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:

Ari Sauer
Siskind Susser Law Firm
1028 Oakhaven Rd.
Memphis, TN 38119

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.


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.



For the purposes of this process, a significant misdemeanor is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria: Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or, If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.