Originally Posted by
garykung
There is no guarantee. Under the petty offense exception, you are not inadmissible, but you may be deportable.
Best case - nothing happens. Worst case - removal proceeding (mostly rule in your favor).
If you are so concern, don't exit the U.S. until you are naturalized. If it must, make sure that you have an immigration lawyer's phone number handy.
Because solicitation is a CIMT (crime involving moral turpitude).
First - it does not matter if the case was expunged or not. If OP does not honestly report this, any status granted will be revoked as immigration fraud once found out. OP has done a good job here by self-reporting.
Second - CIMT does not require a conviction. An admission is sufficient enough. Typical diversion programs require defendants to admit the crimes committed in exchange of leniency. That's why OP is sort of in immigration "probation".
Under INA §212(a)(2)(A)(i)(I), a foreign national who has committed a crime involving moral turpitude (CIMT) is inadmissible. In order to overcome this inadmissibility, the foreign national must obtain either a non-immigrant waiver under INA §212(d)(3) or an immigrant waiver under INA §212(h).
However, if the foreign national’s sole conviction for a CIMT falls under the enumerated ‘Petty Offense Exception’ found under INA §212(a)(2)(A)(ii)(II), the foreign national will not be inadmissible and thus, will not require a waiver to re-enter the United States.
I did some research. Per the law, my issue falls under petty case exceptions. So clearly there’s no question of inadmissility - I think they may still pull me for secondary though!