I an a on H1 visa and was arrested for a misdemeanor theft in Ohio and the case was dismissed through pre-trail diversion and was expunged the very next day after the dismissal. It was a pre-trail diversion where I didn't have to plead guilty. So no guilt was ever admitted and recorded. I have the court docket and a letter from court explaining the dismissal and expungement. Now I am marrying my girlfriend who is a US citizen. And she wants to apply a green card for me. I did extensive research and read that "If the accused is directed to attend a pre-trial diversion or intervention program, where no admission or finding of guilt is required, the order may not count as a conviction for immigration purposes." Would I still face any complication getting it. If so, what would they be ? Why it still be considered a conviction in immigration law?
Answer
Hi
There is a case at the Ohio Supreme Court that will impact your adjustment of status filing. It is called State of Ohio v. Issa Kona. You may need to review that case if you're going to be the lawyer in your case. You should also research INA 101(a)(48) and all of the case law regarding what constitutes a conviction. Finally, you may want to review section 212(a)(2) regarding criminal actions. Inadmissibility does not hinge on just a conviction as you'll see in the first portion of that statute.
You may want to decide to hire counsel to handle your case and help you. It sounds like you're in a good place with your marriage and your job. You don't want any missteps now. I guess it's best to ask, what is your status worth to you? If it's your lifeline, you may want to hire someone who has a ton of experience to best guide you to your goals.
Answer
Please call me at (212) 968-8600 or toll free at (800) 750-1828. Kind regards, RDM
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