Advice greatly needed (AOS and Criminal record)

[Infantry Grunt 0]

My Canadian wife is in the US and we are about to fill out her package to send in. She came here as a visitor and we ended up getting married.

She is 26, and at the age of 19 she was arrested and charged with 'Theft under $5000', which is the minimum charge for shoplifting. She recieved pretrial diversion, has no guilty pea, no conviction, and no criminal record however the charge itself my still show up, and the paperwork from the court is still around so we have it to submit.

I read that shoplifting is a Crime Involving Moral Turpitude and thus may be grounds for denial. What are the odds that this would get her denied?

Also, there is a petty offense exception

(A) Conviction of certain crimes.-

(i) In general.-Except as provided in clause (ii), any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of-

(I) a crime involving moral turpitude (other than a purely political offense or an attempt or conspiracy to commit such a crime), or

(II) a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible.

(ii) Exception.-Clause (i)(I) shall not apply to an alien who committed only one crime if-

(I) the crime was committed when the alien was under 18 years of age, and the crime was committed (and the alien released from any confinement to a prison or correctional institution imposed for the crime) more than 5 years before the date of application for a visa or other documentation and the date of application for admission to the United States, or

(II) the maximum penalty possible for the crime of which the alien was convicted (or which the alien admits having committed or of which the acts that the alien admits having committed constituted the essential elements) did not exceed imprisonment for one year and, if the alien was convicted of such crime, the alien was not sentenced to a term of imprisonment in excess of 6 months (regardless of the extent to which the sentence was ultimately executed).

Now in Canada her charge 'theft under 5000' is a hybrid offense meaning they could proceed with it as a summary offense, with has a maximum sentence of 6 months, or an indictable offense with has a maximum sentence of 2 years. They did not proceed with her charges so they did not choose whether to proceed with indictable or summary, her copy of the criminal charge and disposition has neither selected, nothing is checked off for guilty or not guilty, no conviction, not committed, not discharged no bail set, nothing, just recieved pretrial diversion, which avoids the court system and she had to go to a class on why what she did was wrong, write an essay stating such, make a charitable donation, and it was over. She had no prior criminal charges and has had none since.

How much will this affect her immigration process? Will this be reason to deny her? Is there anything we could do or should do?

[rickynlucy 0]

It doesn't sound like it will be a problem. The fact that she didn't spend any time in jail works in your favor. Send in copies of all of the information that you discuss above including proof that she completed the class.

[Infantry Grunt 0]

It doesn't sound like it will be a problem. The fact that she didn't spend any time in jail works in your favor. Send in copies of all of the information that you discuss above including proof that she completed the class.

what kind of proof would exist? nothing came with the records from the courthouse about the class

[rooster 1]

It doesn't sound like it will be a problem. The fact that she didn't spend any time in jail works in your favor. Send in copies of all of the information that you discuss above including proof that she completed the class.

what kind of proof would exist? nothing came with the records from the courthouse about the class

There should have been some kind of notification to the court that she has completed the course and met the terms of her agreement with the court. I would see if she could contact the people responsible for holding this class and see if they have any record of it.

Also, it seems you fall into a gray area that depends on how they designate the case. I would BY NO MEANS leave this out of your petition. That being said, you might be better off consulting a qualified immigration attorney. Generally I say people do not need an attorney for the immigration process, however, this conviction or plea bargain, adds some degree of dificulty to your process. Just make sure you find out the number of cases he has handled and get references if possible.

[Infantry Grunt 0]

the class was 8 years ago...I'm skeptical that they'd maintain records that long, considering when we requested the charge sheet from the department they were doubtful they'd even still have it...they surprised themselves

[rooster 1]

the class was 8 years ago...I'm skeptical that they'd maintain records that long, considering when we requested the charge sheet from the department they were doubtful they'd even still have it...they surprised themselves

In that case, I would definately consult an attorney. Sorry I could not be more help.

ETA: It might still be worth a shot to check with them.