Immigration attorneys break down how even petty offenses like shoplifting can lead to visa revocations, deportation, or long-term immigration barriers.
A recent case of an Indian woman allegedly caught shoplifting at a Target store in the U.S. has ignited both social media debate and diplomatic concern. The incident, which gained widespread attention after video footage of her being detained went viral, has sparked discussions about cultural perceptions of crime, potential profiling, and, more critically, the legal risks faced by foreign nationals in the United States.
Responding to the incident, both U.S. and Indian authorities have issued formal advisories, highlighting the gravity of legal offenses on foreign nationals’ immigration status. In a post on X, the U.S. Embassy in India stated: “Committing assault, theft, or burglary in the United States won’t just cause you legal issues — it could lead to your visa being revoked and make you ineligible for future U.S. visas. The United States values law and order and expects foreign visitors to follow all U.S. laws.”
India’s Ministry of External Affairs also weighed in. Spokesperson Randhir Jaiswal advised Indian nationals, “We would endeavor to tell Indian nationals going abroad that they should abide by local laws, guidelines, and regulations.”
While many point out that shoplifting is not uncommon in American stores and is committed by people across nationalities, some feel this case was spotlighted because the individual involved was Indian. However, the broader takeaway remains clear: for foreign visitors, especially students and workers on temporary visas, understanding and following U.S. laws is critical. Minor offenses can escalate into immigration complications, from visa revocations to deportations.
With the U.S. academic session about to begin, thousands of international students — a majority of them from India — are preparing to arrive on F-1 visas. In recent years, cases of deportation over minor infractions like traffic violations or alleged petty theft have fueled anxiety among students and their families. In this backdrop, The American Bazaar spoke with two leading U.S.-based immigration attorneys to understand how misdemeanors, felonies, and minor offenses can impact legal and immigration standing.
READ: Indian woman’s shoplifting arrest at Target goes viral, becomes a community flashpoint (July 15, 2025)
Here, Shah Peerally, President & Managing Attorney of Shah Peerally Law Group in Newark, California, and Nandini Nair, Immigration Partner at A.Y. Strauss, LLC in Livingston, New Jersey, break down common questions international visitors — particularly Indian students and workers — should understand to stay safe and legally protected during their stay in the United States.
American Bazaar: What types of offenses are considered misdemeanors versus felonies in the U.S.? Could something like shoplifting be a felony?
Shah Peerally: In the U.S., crimes are broadly categorized as:
Misdemeanors: Less serious offenses like petty theft (shoplifting under a certain value), minor traffic violations, or small-scale drug possession.
Felonies: Serious crimes like grand theft, assault with a weapon, or burglary.
It may be noted that the punishment varies from state to state and, as such, might affect your immigration status differently.
Shoplifting may seem minor, but that’s not always the case. If the value of stolen items is high, if it’s a repeat offense, or if security systems are tampered with, it can be prosecuted as a felony. Felony charges are life-changing, especially for immigrants.
Nandini Nair: Misdemeanors typically include petty theft, simple assault, or minor drug possession. These might still lead to jail time, but usually under a year, often in a local or county jail instead of a state prison.
Felonies cover serious crimes like armed robbery, murder, or large-scale drug trafficking. These come with tougher penalties — longer prison sentences, higher fines, and more lasting consequences on your record.
As for shoplifting, it’s normally a misdemeanor, especially if it involves low-value items. But yeah, it can be charged as a felony in certain situations. For example, if someone has prior theft convictions, or if the value of what they stole is really high, or if they used something like a tool to defeat security devices, it could bump the charge up to a felony. So, context really matters!
If a foreign national is caught committing a minor offense like shoplifting or a traffic violation, what should they do when approached by law enforcement?
Shah Peerally: My advice would be:
- Stay calm.
- Do not resist arrest.
- Don’t argue, explain, or try to talk your way out.
- Politely state: “I’d like to speak with a lawyer before answering any questions.”
Avoid signing anything or admitting guilt. If you’re a student, notify your DSO (Designated School Official) immediately. Immigration consequences can begin quickly — even before your first court hearing.
Nandini Nair: Stay calm and respectful. Do not argue, resist, or lie.
- Show ID if asked.
- If you’re not fluent in English, request an interpreter.
- Clearly state that you wish to consult a lawyer before answering questions.
Depending on the offense, you may receive a citation or be detained briefly. Always comply with court dates and legal instructions. Consulting an immigration attorney is wise, even for minor infractions.
Can even minor offenses affect visa status, green cards, or future immigration prospects?
Shah Peerally: Definitely. Crimes like shoplifting or petty theft can be treated as “crimes involving moral turpitude,” which carry serious immigration consequences:
- Visa renewals or green card applications can be denied.
- You may face deportation or removal proceedings.
- F-1 or other visa statuses can be revoked.
Sometimes, even dismissed cases leave arrest records that complicate immigration down the line. Don’t assume you’re safe just because you avoided conviction.”
Nandini Nair: Yes — even minor offenses can affect visa applications, green cards, and citizenship processes, especially if they involve theft or drugs. Immigration authorities assess “moral character.”
Repeated offenses or certain misdemeanors like shoplifting can trigger red flags, leading to visa complications.
Even schools can get involved. Some universities report legal incidents, which can affect your SEVIS status and academic standing.
Are F-1 students especially vulnerable to immigration complications from minor offenses?
Shah Peerally: Yes, students are particularly at risk. A criminal charge can impact both visa status and academic standing. F-1 visa holders must report incidents immediately to their DSO, and seek legal counsel familiar with both immigration and criminal law.
Nandini Nair: For F-1 students, even minor infractions can have outsized consequences:
- Schools may enforce codes of conduct.
- SEVIS records can be affected.
- Small offenses like shoplifting or certain traffic violations may raise immigration concerns.
During past administrations, even minor traffic violations led to unexpected visa cancellations. Students should:
- Avoid legal trouble.
- Be careful when driving — no DUIs, speeding, or driving uninsured.
- Report incidents to their international office promptly.
Why is legal representation important, even for minor offenses?
Shah Peerally: Criminal cases and immigration law intersect in complex ways. What seems like a favorable plea deal in criminal court could devastate your immigration future.
Always consult a lawyer skilled in both criminal defense and immigration. A single wrong step can result in visa revocation or permanent immigration barriers.
Nandini Nair: People underestimate the immigration impact of criminal charges. Even pleading guilty to resolve a small offense can create long-term visa or green card issues. An immigration-focused attorney can help evaluate both the legal and immigration risks before taking any legal action.
What’s your message to new students and visitors coming to the U.S.?
Shah Peerally: You came to America with a dream. Don’t let one mistake destroy it. Learn the laws, know your rights, and seek professional help immediately if you face any legal trouble.
Nandini Nair: Don’t assume “minor” means harmless. U.S. laws are strict. Keep a clean record, follow all local laws, and consult experts if you encounter any legal issue, however small.