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Need Help - DS160 and Petty Misdemeanor

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  • Need Help - DS160 and Petty Misdemeanor

    Hi

    I am planning to go back to India for a trip first after 10 years of US stay and planning to get stamping in Chennai


    In July 2019, I was charged by security gaurd at a shop with shoplifting (under $10 item) and got fingerprint by him, there was no police and no arrest. It is considered as petty misdemeanor ( I was sent a letter from DA (District Attorney) to complete the Misdemeanor Diversion Program and case will be dismissed. I have the following with me:


    1. <<PHYSICAL LETTER>> DA Letter asking me to complete a course and mentioned that there will be no charge or case against me If i complete the course (which i did)
    Actual Extract:-
    If you participate in and complete this program, the following will apply:-
    a. You will not be required to come to court and appear in front of judge.
    b. The criminal charge(s) will not be filed against you
    c. You will not have a record of conviction.

    2.<<PHYSICAL LETTER>> Letter from Diversion program to pay some money and invitation to the class. I went and completed the course.


    3 <<SOFT COPY>> Completion of course certificate.

    I was trying to contact court about this case but they are saying there is no case on my name and cant help me to provide any certificate.

    My request is, please let me know the following:-
    1. in DS-160, should I say yes for the "Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action? ... "
    --> I think I probably have to answer yes.


    2. Will the above 3 letters will be suffice or I need to get waiver from USCIS or need to contact immigration lawyer?

    Thanks



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