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misdemeanor Citation

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Hi I am on H1B and my wife on H4

recently she was caught for a misdemeanor case for stealing . She had shopped at the same store and don’t know what she was thinking but was caught for stealing cloth

the amount is less than $50 

she was still in the store , no arrest or finger print but was given a citation and was told that they saw her on the surveliance

she does not have a state id or a licence so the citation has her name from India licence which is after marriage name xyz 


my question

1) her name is mis spelled . The name which is on her Indian licence, where her passport and visa has the name before marriage abc example

will this show up on while filling extension

we have hired a criminal lawyer to take to the court and he has informed us not to plea guilty and he will look for a diversion program as this is her first offence 

will she be deported if found guilty??

do I have to mention in the i539 form or wait for rfe in case to arrive as the judgement is pending ??

will it impact my case of H1B extension ??

This is her first offence and we are nearing 5 years completion in USA 


please help

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Of course you have to mention it in I-539. There is a explicit question about any arrests, convictions, etc. If you fail to do so, she will be banned for life for material misrepresentation, visa fraud, perjury or all of the above. 

If she is found guilty, pleaded guilty or otherwise admitted to the crime, this puts her into CIMT grounds for inadmissibility.  Although, while stealing is CIMT, there is an option to evoke petty offense exception in her case. 

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