Full time employee: H1B Stamping with dismissed Misdemeanor. Which is a safe consulate ?

rahulchaitanya529

By rahulchaitanya529,
in Criminal Issues

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rahulchaitanya529 Newbie

rahulchaitanya529

Posted
Posted

I was initially arrested for "Misdemeanor 3rd degree retail theft" in 2011. Later, at Pre-trail, the case was deferred to "disorderly person" and then the case was dismissed after I was in Probation. 

I am planning to go to H1B Stamping and I am worried about the charge. Since, I am INDIAN citizen, my companies immigration attorney told me to carry the disposition document from the court for stamping interview. 

Here are my questions: 

I am more concerned about going to INDIAN consulate ? I heard they take long time for processing cases ? Is it true and will you suggest me to go to any other consulate (Jamaica) ?

 

Based on your experience, it will be a lot helpful, if you can suggest your opinion.

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jairichi Advanced Member

jairichi

Posted
Posted

I was initially arrested for "Misdemeanor 3rd degree retail theft" in 2011. Later, at Pre-trail, the case was deferred to "disorderly person" and then the case was dismissed after I was in Probation. 

I am planning to go to H1B Stamping and I am worried about the charge. Since, I am INDIAN citizen, my companies immigration attorney told me to carry the disposition document from the court for stamping interview. 

Here are my questions: 

I am more concerned about going to INDIAN consulate ? I heard they take long time for processing cases ? Is it true and will you suggest me to go to any other consulate (Jamaica) ?

 

Based on your experience, it will be a lot helpful, if you can suggest your opinion.

Any US consulate on any part of the world will know about your misdemeanor and treat you the same.

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jairichi Advanced Member

jairichi

Posted
Posted

I am sure, it will shown up and I am ready to face the consequences. But I am trying to minimize the damage as much as possible. So was thinking about the possible best consulate. Any suggestions ?

There is nothing called best consulate. Every consulate will treat you the same as they follow set procedures.

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rahul412 Advanced Member

rahul412

Posted
Posted

I am sure, it will shown up and I am ready to face the consequences. But I am trying to minimize the damage as much as possible. So was thinking about the possible best consulate. Any suggestions ?

Again, you are asking the same question. No matter which consulate you go, it will be the same outcome.

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2013lucky Advanced Member

2013lucky

Posted
Posted

HI, i have a shoplifitng record, how shud i explain it to the visa officer?? shud i accept that i did it or is there anyway to talk about it .. please suggest??

If the officer asks about the incident, just reply short and to the point and don't volunteer to give too many details. There would not be any problem. I have not come across any visa case being rejected due to shoplift unless you lie or be dishonest.

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Love_Peace Member

Love_Peace

Posted
Posted

Hi, i was arrested for shoplifitng entered into PTD case dismissed/expunged.. i took memorandum from murthy law firm supporting my case that im admissble into USA..

 

so can i present it to visaoffice/POE when ask about my case instead of me explaining.. i want to speak less as much as i can about this..and is that memorandum usefulll??? did any one get gurantee form murthy firm that if this memorandum is there you will be ok?? they said me no gurantee..so wondering what was ur all situtaion with it...!!

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planetgourmet Member

planetgourmet

Posted
Posted

Hi, i was arrested for shoplifitng entered into PTD case dismissed/expunged.. i took memorandum from murthy law firm supporting my case that im admissble into USA..

 

so can i present it to visaoffice/POE when ask about my case instead of me explaining.. i want to speak less as much as i can about this..and is that memorandum usefulll??? did any one get gurantee form murthy firm that if this memorandum is there you will be ok?? they said me no gurantee..so wondering what was ur all situtaion with it...!!

 

yes do NOT go into details.

this is not oprah and you need to confess and ramble on.

be brief ( the attorney can advise u what little to say ).

 

also keep the murthy lawyer business card with you.

the lawyer will speak on your behalf if it comes to this.

 

love_peace and everyone else good luck!

i learned so much thru helping a friend with a sad situation.

 

when we went to court, most of the people there had public defenders,

had to have an interpreters, etc.  because you have a murthy lawyer,

be confident !  those who come on the net to criticize should be supportive !

otherwise why why why come here to criticize those in need ?

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Attorney_23 Advanced Member

Attorney_23

Posted
Posted

Hi, i was arrested for shoplifitng entered into PTD case dismissed/expunged.. i took memorandum from murthy law firm supporting my case that im admissble into USA..

 

so can i present it to visaoffice/POE when ask about my case instead of me explaining.. i want to speak less as much as i can about this..and is that memorandum usefulll??? did any one get gurantee form murthy firm that if this memorandum is there you will be ok?? they said me no gurantee..so wondering what was ur all situtaion with it...!!

 

We would never give a guarantee that 'everything will be ok.' No responsible attorney would ever make such a guarantee. So, you should not feel concerned simply because one was not given to you.

 

If the Murthy attorney reviewed your situation and determined that you are not inadmissible based upon this conviction, that means, if the CBP properly applies the law, this should not prevent you from being admitted.

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t75 Advanced Member

t75

Posted
Posted

You could certainly be denied entry for reasons other than your criminal offense.

 

Attorneys work in their clients best interests.  OP, if you are unwilling to accept and follow their advice, you need to rethink your plan to come to the US. You are in for a lot of problems.

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2013lucky Advanced Member

2013lucky

Posted
Posted

HI, i have a shoplifitng record, how shud i explain it to the visa officer?? shud i accept that i did it or is there anyway to talk about it .. please suggest??

Please try to understand, US consulate is not court where you need to accept or deny the crime. It is very simple The Visa Officer may ask you why you answered "Yes" to conviction in DS-160 and then you only tell about your conviction and nothing else. No Need to tell whole story. Also always answer only to the point. 

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Love_Peace Member

Love_Peace

Posted
Posted

Please try to understand, US consulate is not court where you need to accept or deny the crime. It is very simple The Visa Officer may ask you why you answered "Yes" to conviction in DS-160 and then you only tell about your conviction and nothing else. No Need to tell whole story. Also always answer only to the point

Thanks for all replys,

@2013lucky:  thanks for ur support, can you give me ur email id, i want to discuss with you about my case details pleaseeee....

thanks much

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kishore122 Member

kishore122

Posted
Posted

If i were you i will go to India, if it take more than expected times atleast i can stay home.  Please take all the court documents, probation related documents, parole officer docs, along with all the receipts you paid.  If you dont have originals, go to court and get the documents.  I am sure all the Probation documents can be obtained from the Parole officer.

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  • 2 weeks later...
Love_Peace Member

Love_Peace

Posted
Posted

I was initially arrested for "Misdemeanor 3rd degree retail theft" in 2011. Later, at Pre-trail, the case was deferred to "disorderly person" and then the case was dismissed after I was in Probation. 

I am planning to go to H1B Stamping and I am worried about the charge. Since, I am INDIAN citizen, my companies immigration attorney told me to carry the disposition document from the court for stamping interview. 

Here are my questions: 

I am more concerned about going to INDIAN consulate ? I heard they take long time for processing cases ? Is it true and will you suggest me to go to any other consulate (Jamaica) ?

 

Based on your experience, it will be a lot helpful, if you can suggest your opinion.

 

 

 

Rahul did u go for stamping???? please update uss??

 

thanks

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  • 3 weeks later...
  • 2 weeks later...
rahulchaitanya529 Newbie

rahulchaitanya529

Posted
  • Author
Posted

Thank you all for the advice. I did not go to stamping. I consulted an immigration attorney and they told me to disposition copies form the court.

 

I will update you all, after I am done with H1b stamping.

 

Everyone suggested me to go only to INDIA but attorney's warned me about administrative processing related with my case. So, I am worried.

 

If the processing takes more time, then I might lose my job and my company might revoke my H1b.

 

Any suggestions, regarding any consulate that usually had a faster administrative processing timings ?

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