QUESTION
What problems will I face with getting a green card through marriage with a dismissal of an arrest for theft?
Asked on Jan 10th, 2015 on Immigration - Georgia
More details to this question:
I am on an H1 visa and was arrested for a misdemeanor theft in Ohio and the case was dismissed through pre-trail diversion and was expunged the very next day after the dismissal. It was a pre-trail diversion where I didn't have to plead guilty. So no guilt was ever admitted and recorded. I have the court docket and a letter from court explaining the dismissal and expungement. Now I am marrying my girlfriend who is a US citizen. And she wants to apply a green card for me. I did extensive research and read that "If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes." Would I still face any complication getting it? If so, what would they be?
1 ANSWER
You are correct in understanding that in some circumstances the USCIS may treat pretrial diversion and other dispositions of a criminal arrest the same as if it were a "conviction" for immigration-related purposes. You are also correct in understanding that if the dismissal did not involve an admission of the underlying elements of the alleged crime, the USCIS will not consider the pretrial diversion to be the equivalent of a conviction.
Answered on Jan 14th, 2015 at 9:31 AM