I've been charged with prescription forgery but received no conviction. I never plead guilty and the case was dismissed following a diversion program. May I cross the border to US from Canada, or do I need a I-192 waiver?If I need a waiver, then must I wait 5 years to apply?
You are not likely to have an issue crossing the border. However, if you apply for any immigration benefit or to adjust status in the USA you will have problems. A diversion program in exchange for a dismissal is considered an admission of guilt by the USCIS.
You may be able to cross into the United States. I cannot give a definitive answer without knowing more about the criminal case including whether you were ever required to admit guilt and the statute under which you were charged. You should travel with a certified copy of the disposition.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
You will most probably not have any problem crossing the border from Canada.
I am a lawyer, but I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline