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Denero

Arrested with class B misdemeanor

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Hi everyone pls provide your suggestions,

1. Arrested(sting) for class B misdemeanor on Oct 3rd 2017. Got finger printed, stayed overnight in jail, came out on bail in the morning after transfering to county jail (ICE official verified for something).

2. Got a lawyer and Started attending court, and going through evidence (audio and video) and police reports.

3. lawyer said that it’s difiicult to win in trial with this case. And there was a new rule no to give Pre-trial intervention for this type of case.

4. Consulted immigration lawyer, both criminal and immagration lawyer went though my case and suggested that I don’t come under removal proceedings as this case comes under petty offense exception. They suggested best outcome in current situation is to get Pre-Trial.

5. After going through lot of documentation work and waiting for DA finally they gave option of Pre-Trial (1 yr probation and 40 hrs community work, decision making test) on March 19 2018.

6. Lawyer said case will be open till next court date which is March 2019 after completion of pre-trial.

7. Lawyer told that there is a chance to reduce the propagation time to 6 months.

My passport expires on October 2018 and have visa till April 2019 so got i-94 till October 2018.

Employee attorney asked for details for H1b extension.

Does this case comes while going for H1B extension as my case is still open?

if I file for passport renewal will I get only 1 yr extension?

As I have visa till April 2019 is it best to travel India, get passport renewal there and get I-94 extended in POE in my current situation?

how difficult is to go through POE.

 

please suggest me the best option I could take.

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On 6/2/2018 at 9:05 AM, Denero said:

Hi everyone pls provide your suggestions,

1. Arrested(sting) for class B misdemeanor on Oct 3rd 2017. Got finger printed, stayed overnight in jail, came out on bail in the morning after transfering to county jail (ICE official verified for something).

2. Got a lawyer and Started attending court, and going through evidence (audio and video) and police reports.

3. lawyer said that it’s difiicult to win in trial with this case. And there was a new rule no to give Pre-trial intervention for this type of case.

4. Consulted immigration lawyer, both criminal and immagration lawyer went though my case and suggested that I don’t come under removal proceedings as this case comes under petty offense exception. They suggested best outcome in current situation is to get Pre-Trial.

5. After going through lot of documentation work and waiting for DA finally they gave option of Pre-Trial (1 yr probation and 40 hrs community work, decision making test) on March 19 2018.

6. Lawyer said case will be open till next court date which is March 2019 after completion of pre-trial.

7. Lawyer told that there is a chance to reduce the propagation time to 6 months.

My passport expires on October 2018 and have visa till April 2019 so got i-94 till October 2018.

Employee attorney asked for details for H1b extension.

Does this case comes while going for H1B extension as my case is still open?

if I file for passport renewal will I get only 1 yr extension?

As I have visa till April 2019 is it best to travel India, get passport renewal there and get I-94 extended in POE in my current situation?

how difficult is to go through POE.

 

please suggest me the best option I could take.

I private messaged you. No need to worry as you have petty offense exception.

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If you can't get the H1B status extended beyond Oct, 2018 you'll need a new passport. This process should not be affected by your criminal case. Can't you get a new passport from your consulate in the US? Traveling with open criminal cases is risky, obviously. I would try to get the passport and H1B extended in the US and stay in the country until the criminal case is closed. 

Even if it falls under petty offense exception, this criminal conviction (a CIMT, from the way it sounds), may prevent you from getting a visa stamped, especially if it's not yet closed. 

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I have visa till April 2019, only I-94 expires because of passport is expiring by Oct 2018. 

I am scared that if I go extension while my case is open, I may get RFE and there is chance that I may loose job.

If I apply passport for renewal, I think I will get for only a year because of pending case.

there is also chance that my case may get dismissed by September, so I am thinking to go India and apply passport, come back extend I-94 at port of entry. I believe I need not go to stamping as I have valid visa till April 2019.

what do you think?

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