It depends. Getting a diversion is a big deal. Problem is, if you want to go out of the country or have to renew H1 during the year, it may affect. I had clients who went back to China to apply for re-entry in Shanghai. The Consulate in Shanghai would simply suspend the application and request explanation for the arrest and/or criminal record. I had to draft a letter to the US consulate in Shanghai, along with a minute order from the court re diversion, and fax both to the US consulate, after which the applications got approved with no problems.
You will also have to work out the community service program, get a stamped certificate before you go out of the country.
Your attorney would have to do the same thing if that happens. One year later, you and your attorney will also have to work on the expungement, if you are qualified according to your state law.
You will also have to work out the community service program, get a stamped certificate before you go out of the country.
Your attorney would have to do the same thing if that happens. One year later, you and your attorney will also have to work on the expungement, if you are qualified according to your state law.
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