for a shoplifting offense which is defined, for immigration purposes as a a "pettty ofense exception", Would acceptance into a deferred prosecution

Dear Sir/Madam, Thank you for posting your question on Ask a Lawyer.  I will be happy to answer your question. I am assuming that your question relates to whether you are deportable or whether this matter would affect your eventual application for naturalization.  The general rule is that a conviction of a theft offense is a crime involving moral turpitude which might make an alien deportable.  In addition, such a conviction within the 5 year statutory period prior to applying for citizenship could cause the alien to be deemed as lacking in "good moral character" which is one of the elements necessary for naturalization.  As you pointed out, a deferred adjudication program could be an issue, as some diversion or deferred adjudication programs require the participant to enter a guilty plea which will later be vacated by the Court upon completion of the program requirements such as taking classes or community services, etc.  Because of such guilty plea, US immigration laws could consider the circumstances to rise to the level of a conviction even though the entire charge will have been deferred or dismissed by the Court.  Having said so, however, there exists the petty offense exception but that must be carefully analyzed to make certain that the exception applies.  I would advise you to seek the help of a competent immigration lawyer to analyze your situation to make certain that you fall under the petty offense exception.  I would certainly advise you against filing for naturalization without first consulting with such an attorney.  if you have any questions, do not hesitate to contact me. Gus M. Shihab, Esq. The Law Firm of Shihab & Associates, Co., LPA