Pretrial Diversion Program and I-485

desi929

Registered Users (C)
Just wanted to get some opinions about the following :

A while ago when I was a under-grad student, I committed a misdeamour (on a stupid bet) of shoplifting some stuff. I was caught and was eligible to enter the Pretrial Diversion Program in Indiana. I now reside in Illinois and currently undergoing the PR process through my company.

Would this incident have any adverse affect on my I-485 / GC approval ?
I am also planning on travelling to my home country using AP. Are there any concerns that I should be aware of. I filled in 'No Prior Convictions' when I did all my paperwork for the GC process based on the discription below.

Thanks to all for your help !!

Pretrial Diversion Program :
The Pretrial Diversion Program has been established by the Prosecutor’s Office. This program is for people who have had little or no criminal background and who are charged with committing various misdemeanor offenses. If you are offered and accepted into the Diversion Program, your case will be dismissed after a period of one year (thereby avoiding a conviction) as long as the requirements and conditions of your specific agreement have been fulfilled.
 
Your case, even if had conviction record, is falling into both "youth [if you were under 18] and petty offence" exception for the grounds of inadmissibility  i.e. you are admissible and that is not going to interfere with adjudication. You are also not deportable.
If I remember correctly the form I-485 asks “have u been arrested, charged, imprisoned, etc” –, it does not ask about conviction alone. It is unclear if you actually have a criminal record with the National name check database. If this is the case – you will have the chance to explain everything on the interview. It will likely delay your case processing because of longer time in security /name check clearance and will trigger case transfer to your local district office. The delay is about 4-4.5 months comparing to the “normal” time.
When coming back to the State, the fingerprinting (or a simple name check) at the POE could likely reveal your criminal record. Have your court papers with you. Officers at the POE are familiar with the “petty offence exceptions” and your secondary inspection should go with no surprises. However, since they now tend to ask about “prior criminal convictions” before your thumb scanned it is important for you to decide on the answer.
 
Top