is I-601 needed

[fabgirl]

Hi everyone I would like some info please. Is shoplifting considered a CIMT I have 2 previous shoplfting case and court disposition certificate both were dismissed and now my husband(USC) and i are filing the I-130/I-485 and need to know if we should send I-601 or wait for our interview and let them tell us if we need it. Thanks

[emt103c]

You never send the I-601 before the interview. They have to request it. The guidelines for it being a CIMT are here:

http://www.state.gov/documents/organization/86942.pdf

It seems like you will need the waiver.

How long ago were the charges?

[fabgirl]

One was in 2002 and the other in 2003 both were dismissed

[emt103c]

It is good that five years has past since then. You will want to take all documentation of the dismissal with you. Unfortunately, the fact that they did not try or convict does not stop it from being held against you in immigration law.

You might consider asking in the chat what other documentation you might want to bring in reference to the dismissal.

You also have to decide if you want to admit guilt, take responsibility and apologize in your waiver, or if you want to maintain innocense.