Immigration Site

Hello Board members,

New member here. I have a question about filling I-485, consulted a few lawyers via phone but none gave definite answers without being hired, so I thought Id consult experienced members of the board.

I hold a third-degree shoplifting/ theft citation from a state I dont reside in, for $4 item. I was never detained. The case was heard and dismissed in a municipal court through a diversion last year. I paid a certain fine to the court.

Can you advise me, on I-485, if I need to answer yes to:
"knowingly committed crime of moral turpitude",
and "been arrested, cited, charged, indicated convicted or imprisoned for breaking any law"?
While I think the petty offense exception apply in this case, (my only charge/citation, no sentence) should I answer yes to both?

Other than including court records, anything else to supplement my case?

Thanks for reading, any insight or tips appreciated. Regards.

You have to answer yes. You have to provide them with proof that the case was expunged or whatever the final disposition was. There might be an exception in this case because this was a small misdemeanor. Very petty. And btw did you ever mention to anyone that you knowingly did this? Maybe it happened subconsciously or...you forgot to pay for it?

You will be a fool to omit this information on your I-485. Disclose this information and provide the necessary documentation, be prepared to be grilled like a salmon during your interview on this issue. It better to upright and see that USCIS make a judgment on its effect on your moral turpitude or be found to have misled the USCIS. Do you have the summons?

You have to answer yes. You have to provide them with proof that the case was expunged or whatever the final disposition was... And btw did you ever mention to anyone that you knowingly did this? Maybe it happened subconsciously or...you forgot to pay for it? Thanks for your response, praxx.
I never told anyone that I knowingly took the item, I was on the phone in the store and had a handful of items, one was under my arm while I was holding my cell. But all in all, it doesnt quite matter as the staff proceeded as they would anyway, and I ended up cited and fined.

There might be an exception in this case because this was a small misdemeanor. Very petty. Thats what Id like to know, if petty offence exception applies in this case, and if it does, will answering yes to those I-485 question bare more severity on the case?
Of course, as Al Southner said, its better not to mislead USCIS, but I dont know if the IO will penalize me for admitting to bad character when the case falls under POE...