Greencard application with Arrest and Conviction

I do not have any past or current criminal background or convictions, other than the one from 2010, while on H1B in 2010 I was arrested (spent 1 night) & fingerprinted for Shoplifting in California, the charges related to Shoplifting were dropped and the case disposition was of Trespassing PC. Also, I was given 100 hrs of Community service & 3yrs unsupervised Probation and to pay the court fees etc. However, the case was dismissed early under section 1203.4 in 2011.

Since then I’ve traveled in and out of US & have applied for my H1B extension as well quite a few times & have had no issues other than Explanation to Immigration officer at time of entering in US & on Visa Application. (I’ve been truthful on my DS-160 about the arrest etc.)

My employer a large MNC find my profile eligible for EB1©, I’m currently in 6th year of H1B.

I need your advise on the following:

  1. What are my chances of getting the GC ?

  2. While filing the 485 on the question regarding the past criminal check/arrest, I want to be honest but what should I mention as the additional information so that I don’t create more problem for myself than it really is there. and What additional documents will be required to be sent along with my application

  3. While filing should I file i-140 and 485 concurrently or should I file one after the other ?

  4. Will this in any way affect my spouse’s application (I’ll be filing for her as well.)

  5. Can this have any impact on my employment though all my yearly background checks have been clean ? (As I’ve read that EB1© can only be filed by the Employer)

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One thing I want to appreciate in you is being honest on your every petition. This really helps now and in future.

Having said that, Since your charges are dismissed, you will be fine. But only the care must be taken is to properly represent the FACT that the charges are dismissed. All the related paperwork of charges.

I cant comment on your eligibility for EB1 category. But these two are separate, your eligibility and 485 approval due to your past history.

Now the answers:

  1. As I said above, a proper representation of your AOS could earn a permanent immigration for you.

  2. Yes, you MUST be honest. Just explain the situation with all proper documentation support.

  3. You can file concurrently, I suggest that.

  4. NO

  5. NO

One last thought: Regardless of what ever happened, just be honest, you will avoid a lot of future issues.