madhkmr Posted November 21, 2013 Report Share Posted November 21, 2013 Hi, I got a petty theft misdemeanor PC 488 citation last week and my court case is due next month. I have clean record so far and this is my first citation ( I was in a hurry for a doctor appointment of my 10 day old baby who was in car with wife and forgot to bill the goods i purchased, value 69$. I came out of the shop without billing and by the time i realized that i missed something they caught me. I was not arrested but given citation ticket ). I approached a defense lawyer and he gave me two options, 1.Go for dismissal under diversion scheme program 2. Or reduce PC 488 to PC 490.1 infraction. I am not sure which option is safer, my H1 visa extension needs to be done in next 5 months. Please answer the below questions, - Which option is better from immigration point of view? Dismissal under diversion or infraction? I also read about dismissal under pre-plea/pre-trial diversion program. please explain which is safe to continue my visa and employment in US. - Which of the two options would go to my immigration record and how would it affect my H1B? - What should i fill in background check criminal record questions for dismissal and infraction? - Will this affect my H1B extension, H1 transfer to other employees, I-485 and citizenship? (my I-140 is approved already) - What kind of paper work do i need form DA court for immigration purpose? Will they give case disposition documents? - Do i need to go to immigration court once it is reduced to infraction or dismissed, when i apply for H1 extension? - Will they take my fingerprints or how to avoid it? - How expungement of dismissed case/infraction will happen? - What to answer for below questions, Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? Have you ever, in or outside the United States:knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?" I do not have much knowledge in this regard. Please help me out in solving this. Thank You. Link to comment
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