I am so regret of what I have done--I got caught of shoplifting with minor values, and therefore was charged with theft under 5000.
I hired a lawyer to handle everything, according to my lawyer there will not be a criminal record left if I am eligible for a program called diversion.
But my problem is, I'm going to the states for a very important matter and the us visa interview is on the way. I check the US visa application form on which it asks “have you ever be arrested or convicted for any offence or crime” how should I respond this? Since I was not arrested and neither have convicted (cited from my lawyer no criminal record at this point). I'm wondering if I click “no” for this question, will the office find out, do they have the access to the police system, will they run my names?
If I'm lucky enough to have my US visa approved, should I expect problems at the border? Since I'm not a Canadian citizen, which might be required for the fingerprints check.

My background:
28yo, legally working with a work permit, in Toronto, Ontario

advise, thank you

Why do you think you weren't arrested? If you were caught and charged and need an Attorney you have been arrested. You wouldn't be eligible for diversion if you were not arrested.

Tell the truth on the application.

You have an Attorney. That is the person with the most info on your pending hearing and how it will impact your travel to the US.

Quote:

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Originally Posted by JudyKayTee

Why do you think you weren't arrested? If you were caught and charged and need an Attorney you have been arrested. You wouldn't be eligible for diversion if you were not arrested.

Tell the truth on the application.

You have an Attorney. That is the person with the most info on your pending hearing and how it will impact your travel to the US.

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Thank you JudyKay
So I need to click yes to the question “have you ever be arrested or convicted for any offence or crime” what will happen if I tell the truth during US application interview? Will my application be denied for sure? If I say no to the questions, does the visa office have access to know the incident?

Do you suggest talking with attorney to make sure what impact will be laid on my travel to the US? But the things it I won’t be informed with the attorney arrangement for my case until the first appearance or few days before that. How can I contact him/her.

JudyKay, can you ask your friends or resources how I should respond during the US visa interview. And what should I do to ensure the approval of my US visa application
Thanks a lot!