EB1 with Past Arrest record.

[Pavan jijothiya]

I do not have any past or present criminal record, however, while on H1B in 2010 I was arrested (spent 1 night) & fingerprinted for Shoplifting in California (Misdemeanor 487 A, 484, 459) however these charges were dropped and the final disposition was of 602(N) PC i.e. Trespassing.I was also given 100 hrs community service & 3yrs unsupervised Probation, Ive completed all of above, along with payment of fines or court fees etc. & case was dismissed early under section 1203.4 in 2011. 
Since then I've traveled in and out of US & have applied for my H1B Visa extension quite a few times & have had no issues other than answering Yes to the arrest question on DS-160 and Explanation to Visa and Immigration officers.

 

 

Now I'm in the last year of my H1 and I'm eligible for EB1©, also, it's been more than 5 years since the dreadful event.

 

My Questions are:

 

1. What should I exactly mention on various immigration forms when answering Yes to the arrest or past conviction question ?

 

2.Should I go ahead and initiate the process with my employer (It's a large Multinational consulting firm) what are the chances of getting the Green Card ?

 

3. Should I apply for i-140 and 485 together or separately ?

 

4. How should I answer to the question about the arrest on 485 ?

 

5. What documents will I need to substantiate my case so that I get the GC ?

 

Really looking for help.

 

[help09]

You need to be truthful in your application, answer Yes to that question and explain the situation

You need to talk to an experienced immigration lawyer in these matters - Murthy firm

[century]

You willneed certified court disposition documents.. Get a opinion letter from immigration lawyer.