Do I need to disclose my dismissed charges?

Asked over 2 years ago - San Francisco, CA

I was given a citation for petty theft at a department store in California in 2009 (being stopped by a private security guard and released with a citation for theft with a court date). Therefore, I hired a lawyer, successfully completed pretrial diversion program and all the charges were dismissed in 2010. I am not American citizen, I have student visa and attend school here. I do not have any criminal record what so ever, neither in USA nor in my home country. It was my first offense and have been in good behavior since then.
My question is, I got married to my husband last year, he is US citizen and we plan to apply for a Green Card for me. Would this situation effect on my eligibility to Adjust to Legal Permanent Resident Status through marriage?Should I disclose it on green card paper?

Attorney answers (3)

  1. Luis Alberto Guerra

    Pro

    Contributor Level 20

    4

    Lawyers agree

    1

    Answered . It will not make you inadmissible but you must disclose. Make sure you obtain certified copies of the record.
    ___________________
    Luis A. Guerra, Esq.
    Law Office of Luis A. Guerra, PA
    Atrium Centre
    4801 South University Dr., Suite 252
    Fort Lauderdale, FL 33328
    Telephone: (954)434-5800
    Facsimile: (954)518-4268
    Email: luis@guerralegal.com
    Web: www.guerralegal.com

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . I have a bit of unpleasant news for you. You do have a criminal record stating that your charges in 2009 were dismissed due to completed Diversion Program.
    In your case, each such matter must be disclosed during I-130 AOS based on your marriage to a US Citizen, however, please note that such admission of a crime of moral turpitude will be considered by the USCIS at the time of the interview.
    Also, a certified case disposition in this matter must be obtained beforehand the interview.
    I suggest to find a good immigration attorney in San Francisco to complete your AOS without potential adverse effect on your AOS.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . The I-485 form will ask if you have ever been arrested. You will need to tell the truth. Get a lawyer to help prepare a memo to attach to the form.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,629 answers this week

3,051 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,629 answers this week

3,051 attorneys answering