Very good! Let's go one by one:
a) Is it safe to assume that case dismissal ( subject to completing the completing community service & Theft class ) is better than PTD from immigration standpoint ?
Since the attorney has stated that there is no difference between a straight dismissal and PTD, it would have the same effect with immigration which is that it would not render her inadmissible nor deportable from the U.S. with is very important.
b) My wife's extension is coming up in 2 months, and i am planning to file for her H4 extension on my own instead of taking help from my employer. So the question is what all additional documents are required due to Misdemeanor-B. Usually my employer files for extension, but it's too embarrassing situation to go back to my employer and tell them about my wife's incident.
She would need to explain the situation (there is a place on the I-539 to do so) without admitting guilt and she should provide certified copies of BOTH the police report and court disposition. Remember they have to be certified copies.
c) One of my friend told me that we need a letter from immigration attorney explaining the whole situation when filing for my wife's extension, is it true ?
No. That is not required. She can explain it herself. What is important is that she not admit to the elements of any crime.
d) If i approach my employer to file for my wife's H4 extension, would they know about Misdemeanor-B incident or would they know exact details of Theft ?
They probably will not know about anything, but you would need to tell them because the form I-539 asks about it and you don't want them lying on your behalf as they as well as your spouse can get into trouble. Right now, if she gets a dismissal, it would not be a problem. If she lies about it, what would not have been a problem becomes a problem.
e) From immigration standpoint & future GC point of view, what all documents should i ask from our defense attorney. We eventually plan to apply for case expungement.
Sealing and/or expungement only erases it from the public records. The government, including immigration, can ALWAYS see it. So she must ALWAYS disclose it to immigration or as I said, what would not have been a problem for immigration suddenly does become a problem. I'm glad you asked this question.
f) Last, could you advise me a valid reason that i can tell my employer that why i don't want to to take their service for filing my wife's extension using them. They do it for free.
You can say you are having problems and she may leave the U.S. and not need the extension but you would decide about it later.
One last thing. From now on and until she gets U.S. Citizenship in the future, she should always travel with those certified copies of the police report and court disposition in case they ask at the Port of Entry. That would make is much easier and faster for her to enter. Yes, I know it is embarrassing, but it will still always come out and it is better than being escorted to secondary inspection and being detained for a few hours. Better to present the documents to the first officer to review and she should be able to avoid going into secondary inspection.
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