Criminal case help please!!

[jsj1992 3]

Hi everyone!!

 

I entered the US 2 years ago under a K1 visa and married my husband within the 90 day period. We had some financial problems but we are now applying for AOS (after 2 years). My question is, will a past theft case deny my green card application? 

 

Back story, I was a teenager (well, 19 to be exact) and I shoplifted to rebel against my mom. I was arrested but the case was dismissed just after a hearing - this happened in my country 5 years ago and not here in the US. I obviously got approved of a k1 visa even with my past case but I had to go to the NBI for an official interview scheduled by the US Embassy. Will this affect my case and result to being denied of a green card? All I have here in the US with me is a certified letter that my case is dismissed and my police record and nbi clearance saying that there's no criminal record and no derogatory record on file. I will of course attach a copies of those in my aos application. Is there something else I should do? I'm very worried that this will result to me getting deported and/or being denied of a green card. Should I really have to talk to an immigration lawyer? Please help!! I need some advice specially to someone who has been through the same case as I do! 

[Greg.D. 8]

I am NOT an immigration lawyer.

 

An arrest is not the same as a conviction. "Case dismissed" is a very good outcome. 

 

So, you have no history of convictions, though you do have a history of an arrest (which is not the same as guilt or a conviction).

 

I believe background checks are done by the FBI or Department of Homeland Security. I don't believe they are looking for arrests, esp for shoplifting. Rather, they are looking for nefarious affiliations, past visa fraud, etc.

 

Regarding including those documents with your application: that is a good question for an immigration lawyer and you might get it answered in a one hour consultation which could be a couple of hundred dollars.

[sweetadams 138]

I think you will be fine, just submit every documents and don't lie. Since the case was done in your home country even before your K1 visa was issue, I don't think it will affect you here.

I am NOT a lawyer, this is just my personal opinion. If you are worried and can afford it, talk to an immigration lawyer before filing.