I humbly request your guidance regarding my case below. I would be very grateful for your opinion based on your experiences.
On 06/05/2004, I was arrested for shoplifting in the state of CT, charged with larceny 6th degree (Sec. 53a-125b) and released on a non-surety bond. Since I had no priors I was allowed to apply for a pretrial diversion program called AR - Accelerated Rehabilitation on 06/21/2004 and consequently there was no trial. I believe I was not required to enter a guilty plea or a no contest plea - My court disposition document does not have anything under the "Plea" section - it is blank. I appeared before the judge and stated under oath that I have not participated in this program before. On 07/14/2004 I was found eligible for the program and the judge granted me 3 month unsupervised "probation" and the charges were subsequently dismissed on 10/13/2004. From what I understand Larceny in the sixth degree is a class C misdemeanor and carries with it a 3 month/$500 maximum penalty. These were the court costs associated with this program:
Pretrial accelerated rehabilitation application fee $35 Sec. 54-56e
Pretrial accelerated rehabilitation participation fee $100 Sec. 54-56e
My priority date for my green card is May 2011 which I hope will be within the next year. Could you possibly shed some light on this situation and kindly answer the following questions based on your experience:
1. what does the USCIS officer "know" exactly about my case. I have the certified court disposition document that states "Dismissed After Accelerated Rehabilitation". I am sure the officer would like to know in my own words what happened during the interview. I would like to say that this was an accidental mistake and I "forgot" to pay for an item in my cart. Will she have access to any of the details of my case, like store video, police statements etc. I am trying to find out if I will be in trouble by saying this was an accidental mistake when it really was not. I had admitted my actions to the store and to the police, but not to the prosecutor or the judge.
2. What are the chances of my I485 being approved? What complications am I facing and how to deal with them?
3. I was thinking of traveling back home this summer and getting my H1B Visa stamping at the consulate this Summer. What are my chances of getting the stamp, again what difficulties am I facing? I will be carrying all related documents.
I have no other criminal records other than this. Please let me know. I truly appreciate your response.