I was charged in 2012 for fraud under $5,000. I entered into a pre-trial diversion program prior to any plea. The charge resulted in a crown stay of proceedings. I am worried about my ability to get a H1 visa in the US.
I understand fraud is considered a CMT under immigration law. However, I am unsure whether I qualify for the petty offence exception given that, in Canada, fraud can be classified as a indictable (> 1 year possible sentence) or summary offence (< 6 months sentence).
Moreover, I plan on disclosing the arrest on the DS160, but I am unsure about how much I should disclose in the explanation.
Someone will need to review the actual criminal charge and disposition documents and likely need a legal opinion letter with your submittal.
A US immigration lawyer will need to analyze all your criminal case paperwork and pertinent Canadian law to be able to opine.
If decide that worthwhile for you to apply for the visa to the USA (I assume you are not a Canadian citizen - otherwise you would have clearly so stated), then the lawyer will have to prepare a "Memorandum of Law" with you to take to the consular visa interview, where it will be argued that you should not be deemed "inadmissible". The US consulate could accept that interpretation - or not and it will be up to them whether to issue you a visa or not. Worth trying, though.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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