Criminal Law can my conditional discharge harm applying for a green card?

[will4]

can my conditional discharge harm applying for a green card?
Hello, I need an advise from someone who knows low. I have been arrested for shoplifting. I went to court and the judge gave me conditional discharge for one year, but no criminal record. It was a first time arrest. now I want to marry my fiance and apply for a green card. What are my chances to get one? Is it better to apply after one year? please help!

 

[mafioso]

It can affect your green card application if it does not meet the "petty theft" exception under immigration law. The first thing you should know is that immigration does not expunge records. It is above all laws………it would not expunge even if you are found not guilty. They are the only civil branch with such power. More so, any plea bargain where you enter no contest, or admit guilt for any charge is considered a conviction to them. To make it short, if you are not acquitted in court or charges dropped, or dismissed you are guilty if you enter a plea for probation or lower sentence. Now if the shoplifting is a misdemeanor with maximum sentence of one year in jail and you are sentenced to …….I think less that 6 months in jail you can get a green card. It is a one time exception. If you have more that two misdemeanor of crimes of moral turpitude (in five years) you would be on immediate deportation and inadmissible into the US. So what was the maximum sentence the shoplifting charge had? The way the plea is written too plays a big role. If it is not well structured, even if you meet the exception, it could still let you down and lead to a green card rejection. Can't say without more details.