Is Petty Theft Considered “Burglary” or “a Significant Misdemeanor”?
Question by Mario: Is petty theft considered “Burglary” or “a significant misdemeanor”?
I am planning on applying for the deferred action that Obama instated recently. I am currently 21. When I was 15 I was caught attempting to steal some CDs from Walmart. Part of the conditions for deferred action include not being convicted of a significant misdemeanor. The definition on the ICE immigration website for a “significant misdemeanor” is “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.” So my question is, does anyone know if this is at the moment gray area at best? Or am I ineligible? The legal definition for “burgalry” online is “breaking and entering with the intent to commit a crime”. I did not “break in” to walmart. So can anyone with actual authority to answer this help me out?
Best answer:
Answer by me
“Petty theft” and “burglary” are two different things.
Read again: ICE doesn’t list “petty theft” on their definition of “significant misdemeanor.”
Answer by Bruce
Burglary requires you to break in or enter without permission. What you did is called shoplifting. That is not a significant misdemeanor.
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I am in your same position but I am 18. I have contacted a representative off the USCIS website and they told me that I should not worry about it. We are still eligible to apply.
You should check your records for your charges. If it was petty theft, Immigration and Nationality Act 212(a)(2)(A)(ii)(I) has an exception clause for alien minors with these types of moral turpitude convictions. You should read it. I think it could work in your favor. If you were older than 18 when such crime was committed trying to apply for such things would have deemed you inadmissible. But you you weren’t, so this clause may help you out.
I had a similar issue, I called UCICS and they said it would be considered non-significant as long as you didn’t serve any jail time.