Need help on H4 extension. Got into Theft misdemeanor

[srimanthJohn]

Hello Everyone - Need an urgent help & fair advise.  Its ashamed to say that my wife recently got involved in theft misdemeanor unintentionally (where she missed to pay the 42 usd of merchandise and came out of the store ).  She was finger printed and got a citation of theft.  But however, We started working with an experienced criminal defense attorney immediately and he assured that the case would be dismissed as its her first time offense through some diversion program.

I am working here in H1B and my wife is on H4.  Our extension is nearby (due in 5 months ) through our employer or i was thinking to have it extended by switching the job (H1B transfer). Wondering would this be impacted her H4 or my H1B extension as it would be dismissed case?

What we have to answer for her I-539 app form - " Have you or any other person, included in this application, ever been arrested or convicted of any criminal offense in the United States? " - yes / No. if yes , whats the best explanation to have?

I am too much worried on this? Please help or let me know the direction or guide if the extension would be approved ??

[Provence]

12 hours ago, srimanthJohn said:

Hello Everyone - Need an urgent help & fair advise.  Its ashamed to say that my wife recently got involved in theft misdemeanor unintentionally (where she missed to pay the 42 usd of merchandise and came out of the store ).  She was finger printed and got a citation of theft.  But however, We started working with an experienced criminal defense attorney immediately and he assured that the case would be dismissed as its her first time offense through some diversion program.

 

What we have to answer for her I-539 app form - " Have you or any other person, included in this application, ever been arrested or convicted of any criminal offense in the United States? " - yes / No. if yes , whats the best explanation to have?

I am too much worried on this? Please help or let me know the direction or guide if the extension would be approved ??

The truth and nothing but the truth.

[srimanthJohn]

Do any one has experience on this? Please help and let me know.

[JoeF]

5 hours ago, srimanthJohn said:

Do any one has experience on this? Please help and let me know.

As was said already, you have to be truthful on the petition.

[monbhandari]

Srimanth

Could you tell how did the extension go?

Thank you

[amruthaa]

I went through the same problem few months ago so sharing my experience. I was arrested and fingerprinted for a shoplifting case (details do not matter but I forgot a case of diapers and wipes in the under carriage are of cart in a hurry) in Jan'18. I bailed out myself the same day I was arrested and my criminal defense attorney got me into a pre-trial diversion program in May'18 and I was told my case will be dismissed once i complete the PTD program guidelines (pay restitution and perform some community service hours). Depends on the state you reside, it takes a few months for the case to be dismissed even after completing all that is needed, in my case the waiting period is 6 months from the court date which means my case will be dismissed in Nov'18. Unfortunately, I had to apply for a H1 to H4 COS in June'18 and I faced the same dilemma, I disclosed the entire arrest information and provided court documents in support of my petition. I got an RFE in Sept'18 asking for certified copies of all records because I did not submit certified copy of court document earlier.

I replied to the RFE with Certified copies of court records, arrest records, a copy of completion of my community service hours from agency supervising the program, a letter from my attorney explaining why I cannot submit the proof that case was dismissed yet (explained the 6 month rule). Within 15 days my H4 COS got approved and I got the I797A in mail. It is really important to disclose EVERY single piece of information about criminal matters because not doing and lying in your petition so is a punishable offense.

[NCJain]

@amruthaa how was this explained on i539?  any guidance will be super helpful.