Diversion and Immigration's Application

[noeladje]

hi there,
i have been arrested last year for felony shoplifting and i have been placed in diversion for 1st offense. now im married to a US citizen and we just had a baby together. my case is still in process with diversion because my public defender keep extending my case every 90 days and keep telling me i need to finish diversion and then my case can be dismiss. by the same time I started to file my green card application with Immigration to change my status and get my green card.
here is my preoccupation: If immigration figure out that i have been arrested, do my application for I795 and I485 will be denied? or immigration will deport me for fraud? because in my application i didnt mention it because my counselor from diversion told me if I want to apply or file an application for anything to put "NO".
I really need a real explaination for that case because im really stressful right now if Immigration denies my case.
Thanks in Advance.

[flyingron]

Did you disclose the situation on your I-495? If you lied on that form, you're in deep trouble.

[noeladje]

yes, I said No, because my counselor from diversion told me to mention that, because when they will see it, my case will be in pending. so now what should I do? because I already received my appoitment notice for my fingerprints and photo? please help

[T53147]

What applies for most circumstances does not for immigration. The counselor should not have given you advice on an immigration matter. You need an immigration attorney - yesterday.