Hi guys... please help
I live in canada and I was charged with shoplifting for 50$ and first offence and so I was put in a diversion program with no convictions and no criminal record... I want to know how would this affect my h1b visa to us.. PLEASE HELP...

I don't know what is asked now but the question USED TO BE have you ever been arrested and, if so, what was the disposition.

Might be different now so I guess this is a pretty much a non answer (?).

thank u fde so much , I AM REALLY GRATEFUL TO U THAT U TOOK OUT THE TIME TO ANSWER MY QUESTION, THANK U SO MUCH... I have a criminal lawyer and she is taking care of it , I am supposed to appear in court on march 6 but my lawyer said I donot have to go as as I will get into diversion... one thing here is very confusing for me if u could sort it out for me.. ACCORDING TO CRIMINAL CODE OF CANADA 334(b) -THEFT UNDER 5000$ = jail term of 2 years ,but as the court is going to take it as summary charge so jail term is under 6 months... so how does us immigration look at my case -DO THEY JUST LOOK AT THE INITIAL CHARGES (which is jail term 2 years) OR DO THEY LOOK AT THE OVERALL CASE... I found this on net in one of immigration lawyers website.. PLEASE READ IT AND ANSWER - DO U THINK I FALL UNDER THE EXCEPTIONS no 2 which says alien should have not admitted to a crime for which the jail term is more than 1 year (and in diversion I do take admit to crime ,so now is my crime I am admitting is 2 years or 6 months)



Criminal Grounds of Inadmissibility (Exclusion)

Written by Henry J. Chang

Crimes Involving Moral Turpitude

Aliens who have been convicted of, or who admit to having committed, or who admit to committing acts which constitute the essential elements of a crime involving moral turpitude, other than purely political offenses are excludable under INA §212(a)(2)(A)(I)(I). To be excludable based on an admission, an alien must voluntarily admit all of the facts which constitute the crime and it must be considered a crime under the laws where it occurred. An attempt or conspiracy to commit such a crime is included in this ground.
Moral turpitude refers to conduct which is inherently base, vile or depraved, contrary to the accepted roles of morality and the duties owed between men and men, either one's fellowman or society in general. Neither the seriousness of the offense or the severity imposed determines whether a crime involves moral turpitude.

Political offenses are not included in this ground of exclusion. Political offenses are generally considered to be acts taken with others as a part of war, insurrection or rebellion in an attempt to replace the legal authority.

Two exceptions to this ground of exclusion appear in INA 212(a)(2)(A)(ii):


The ground does not apply where the alien has committed only one crime of moral turpitude, the crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States.

The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied.

Ok, first the jail time is just the max, I doubt if anyone ever gets the max, and with that, in Canada almost everyone gets in a diversion program first time out, and that does not count as a conviction but basically after the program the case is dismissed.

Your attorney should be answering these questions about your specific case, but you should have little to worry about.

A diversion allow you to pay a fine and/or serve community service during a period of probation. Once the probation has expired, if you stay clean then your record will be expunged. If you apply for the Visa AFTER your probation then this should have no effect on it.

Thank you so much scottgem and fr_chuck.. . thank you for your help and time.. may god bless u

I am very glad your question is answered. The diversion program eliminates the jail time.
Like I said you will be fine. Confirm with your lawyer.
GOOD LUCK let us know how it goes K.
PS enjoy Canada it is the greatest country on earth no offence to are U.S friends they help protect us. I do not know what part of Canada you are in but one day if you have the chance you have to see the east coast Nova Scoita is the most beautiful place lots of ocean, and the hospitality is unbeatable.

Hi fde ,thanks for your help... I am in windsor,ontario.. I am a doctor trying to go to usa for my residency that is the reason I am so worried ,I have worked very hard for it... I hope this episode will not jeopardise my entire life... I will definitely let you know how things turn out... one q I will still like to ask you is how would the us immigration look at my case WOULD THEY THINK THAT I HAVE ADMITTED TO A CHARGE FOR WHICH JAIL TERM WAS 2 YEARS OR WOULD THEY LOOk AT IT AS 6 MONTHs FOR SUMMARY CHARGES... PLEASE LET ME KNOW IF U KNOW SOMETHING ABOUT IT... kindly please help me out... I will be grateful to u , I am trying to get in touch with a us immigration lawyer for the past 2 weeks but no luck... please let me know if you know something so that I can again start living my life... I will really appreciate your help and advice

It depends on when they look. Until you finish probation I believe your record will show a guilty plea for the shoplifting charge.

To fde , what additional documents will I have to attach with my h1b visa application form due to this shoplifting stuff... please let me know , thank u

I don't think it will affect that. If you had a criminal record that would be a different story.

Thank u chicka 3 so much , I am glad u took out time to answer my concern