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Do I need to disclose my dismissed charges?

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. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

  2. 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

    Law Office of Luis A. Guerra (954) 434-5800. This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.

  3. 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 does not constitute an attorney-client relationship.

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