Hello, I live in MN and I was caught shoplifting. I am on H-1B visa with approved I140. I have two main worries/question

Question

The cops said they have issue with their system so they will send me the citation. They said it will be the lowest degree (not sure what that means). The claim was for stealing goods worth $78.xx.  
 
1) As non-immigrant, how much of issue would it be once I start my I-485 process.  
 
2) can I actually seek dismissal or diversion, this being my first of any such incident.

James L. Arrasmith · Answer

Since you're on an H-1B visa, any criminal record, even a minor one, could affect your immigration status. When you file your I-485, the government checks for any arrests or citations, and even small theft charges can raise questions about your moral character. However, a petty theft under $100 might fall under the petty offense exception, which could help mitigate immigration issues. 
 
It’s important to act fast and explore your legal options. Many first-time offenders are eligible for dismissal or diversion programs, which can help avoid a conviction. If you successfully complete such a program, it’s often as if the offense never happened from a legal standpoint, and this could prevent future immigration issues. 
 
You should also prepare to explain the situation fully during your I-485 process, ensuring you disclose any arrests or citations. Having a charge dismissed or expunged looks better than a conviction, but USCIS will still see the initial charge. Handling this proactively can reduce the long-term impact on your immigration journey.

Q: Hello, I live in MN and I was caught shoplifting. I am on H-1B visa with approved I140. I have two main worries/question