Q: Shoplifting / gren card

A: You have likely heard that crimes can get a green card holder deported and that may be why you are asking this question. The crime you list was most likely a misdeameanor but you will need to check for certainty. Crimes will potentially affect your ability to get approval of a citizenship application due to the need to demonstrate good moral character. Generally, one misdemeanor will not cause a denial. Regarding your current status as a permanent resident (green card holder), there is a risk of deportation for green card holders in certain criminal situations. The single shoplifting conviction should not put you at risk for deportation but you may be smart to review your entire situation with an attorney so that your entire circumstances may be evaluated.

A: As you may be aware, criminal convictions may affect your immigration status in different ways. It is always wise to consult with an immigration attorney when you are a legal permanent resident with any criminal charges or convictions. There are separate laws which govern whether or not you are deportable ("removable"), able to be admitted into the United States after traveling, or eligible for citizenship. Without knowing the details of your conviction, it is difficult to say for certain if you will face issues when traveling outside the country. Some basic rules below should be able to better assist you.

Theft convictions may trigger deportability if the conviction is (1) within your first 5 years of becoming a permanent resident unless the potential sentence is under a year or (2) if you are convicted of two or more theft crimes (or crimes in this classification) regardless of how long you have been a permanent resident.

If you are traveling and have been convicted of a theft crime with a potential sentence of a year or more and an actual sentence of more than six months you will not be allowed to reenter the United States. You are also not allowed to enter the United States if you have any drug-related convictions. This is important as you may not be deportable but could still find yourself in immigration court if you were to travel and attempt to reenter the U.S.

Citizenship does require 5 years (or 3 years if through marriage) of "good moral character" and criminal convictions may break good moral character. There are exceptions for small crimes in which you were sentenced to six months or less.