Questions on pre-trial diversion

[name1]

Person-A (adult) was held for shoplifting charges. Person-A is on H1B visa. Person-A is offered a pre-trial diversion program. It is 11 month program and it bypasses the court process (arraignment, trial, sentence). The shoplifting charge will not be filed with the court and the case will be closed and there will not be any record of conviction.

I have following questions:-
1. One of the conditions is that you must admit the wrongdoing so that if the evidence were presented in court there would be a likelihood of guilty verdict. Could this be a problem in future?
2. Will there be any record with FBI? In future if you go for visa processing in DS-156 should you state that you were ever arrested? Can VO see the record of arrest?
3. What happens if during the probation program your work location changes and you have to move to a different city or state?
4. What happens if during the probation program your project ends and you have to go back to your home country?

Please advise! Running out of time!

[txh1b]

Shoplifting is CIMT and a pre-trial diversion may require admission of guilt which will prove to be fatal in the future for visa, green card etc. You need to discuss the case with a good immigrant lawyer before you accept any community service or pretrial diversion.

It will definitely impact from the immigration aspect.

[name1]

Thanks for your response. I am trying to find an immigration lawyer.

This pre-trial diversion offer is from prosecutor. There is a condition that:
You must admit wrongdoing or acknowledge that if the evidence were presented in Court, there would be a substantial likelihood of a guilty verdict.

However, it says that if all conditions of the diversion program are met, the prosecutor will not file the shoplifting charge with the Court, thereby closing the case and you will not have a record of conviction.

Could this be a problem in future for immigration purposes by admiting/acknowledging even if no charge is filed with the court?

[txh1b]

Admission of wrongdoing of CIMT will have negative consequences as the arrest and final court disposition has to be provided to USCIS when requested or for a visa stamp as well.

Talk to your lawyer.

[Juan90038]

You need to find a law firm that has a criminal and immigration lawyers. If you go through diversion, you are still admitting guilt by Immigration Law and will have a negative effect in the future.
However, if the degree of the crime is not a felony nor an aggravated felony, so you may be in a gray area that requires further research.
I highly advise you speak to an attorney. Good Luck!