A theft conviction can have severe immigration consequences for non-citizens, including making an individual deportable or inadmissible under U.S. immigration law. Depending on the specific facts of the case—such as the value of the stolen property, the type of theft, and whether it is classified as a crime involving moral turpitude—a conviction may render someone inadmissible, barring them from gaining lawful status or adjusting their status in the United States. In some cases, it can also prevent an individual from naturalizing, as theft-related offenses may negatively impact the required showing of good moral character. Immigration outcomes are highly fact-specific, and even minor or first-time offenses can carry serious consequences. For these reasons, anyone facing a theft charge should seek experienced legal counsel to understand the potential impact on their immigration status.

Most theft charges are felony offenses, which heighten the risk of an affected status. If the stolen property value is over $10,000, the offense can result in an "aggravated felony" due to the fraud element. Aggravated Felony refers to a crime that is serious in nature and punishable by more than 1 year in prison. However, some criminal convictions can be considered an Aggravated Felony if they trigger a separate Aggravated Felony ground under the INA.  (Immigration and Nationality Act)

Aggravated Felonies almost always lead to deportation or a permanent ban, so it's crucial to act quick and create a strong defense.

Another factor to consider is a crime involving moral turpitude (CIMT). This term refers to crimes that are shocking and generally against moral society. A theft can only qualify as a CIMT if there is intent to permanently deprive somebody of their property.

If the conviction is deemed a CIMT, it can heighten the stakes of removal from the United States, especially if this is your second CIMT since admission. Additionally, a CIMT can cause a non-lawful permanent resident ineligible for certain forms of relief before the Immigration Court, or can cause an I-601 waiver to be needed if seeking to adjust their status to that of a lawful permanent resident in the United States. Keep in mind that criminal convictions are considered at the discretion of immigration authorities and play a key role in deciding whether or not to approve relief. This crime can affect both documented and undocumented immigrants.

If you're facing theft charges as an immigrant in Phoenix, seeking legal help is crucial. An attorney with knowledge of criminal defense and immigration can form a strong case for you.