What is the best option for me and how to avoid immigration consequences ?

Asked about 1 year ago - Fremont, CA

I got a PC 488 and asked by DA's office for a diversion progam to complete and get charge dismissed. If i complete diversion program and has charge dismissed, how will it effect future employment oppurtunities/immigration ( Green Card ) prospects considering i m a non-immigrant on H1B. Though charge is dismissed .

Will it show up on back ground check or records on social-security ?

Attorney answers (5)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    11

    Lawyers agree

    1

    Answered . There will be No immigration consequences but it will likely show up in most, of not all background checks.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Michael Moshe Levin

    Contributor Level 15

    9

    Lawyers agree

    Answered . True DIVERSION means no conviction. So no record or immigration consequences. Deferred Entry of Judgment (usually for drug cases) is not true diversion and you could have problems later. Make sure it is true diversion.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction... more
  3. Vijay Dinakar

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . This is a question best posed to your own attorney but if you got petty theft diversion (no guilty/no contest plea) then there's no immigration consequences.

    For a Free Consultation Call: 408.313.5607
  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . I agree with the other attorneys.

    www.YourCriminalDefenseLawyer.com
    for Fairness & Your Freedom because sometimes good people find themselves in unpleasant situations
    (800) 409-7010

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  5. Gabriela Monserrat Lopez Arcos

    Contributor Level 12

    3

    Lawyers agree

    Answered . So long as you entered a no guilty plea and complete the diversion program as indicated there should be no immigration consequences. However, if you entered a guilty plea at any time or if you fail to follow through on your diversion this will be a conviction for immigration purposes.


    Gabriela M. Lopez, Esq.
    www.landerholmlawoffice.com

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