H1 first time stamping with Disorderly person offense

[raj12399]

Hello,

I was caught for a shoplifting case about 2 years ago for the value of $46 which comes under disorderly person offence in my state. I really don't have intention to take them without paying but it was just happened because I am dealing with some other things at that time but no one trusted me at that time.  I was a student with F1 visa at that time,  One of the store staff caught me doing shoplifting and called cops. Police didn't arrest me at the time of the incident but they took all the details of mine and sent papers to my home address that I provided to police. I hired a Criminal defense lawyer to represent me in Municipal court and eventually my case resulted as "Conditional Dismissal" and Plea is "No Plea taken” after I competed my 1 year probation period. I got final disposition letter from court and also case has been expunged. 

Here is my problem, I am planning to travel to India soon. I have to go for my VISA stamping in india and this is my first time crossing country after the incident happened. I would like to know how my case effects my upcoming VISA stamping and reentry to USA (During port of entry). What kind of docuemts I need to carry and what are my chances of getting my visa stamping done and coming back to USA safely. 

Currently I have below documents handy about my case:

1. Final disposition of case with "Conditional Dismissal" and Plea is "No Plea taken".

2. Approved expungement certified copy from Judge.

3. Letter from attorney saying that  charges have been resolved and that there is no need to worry about any crime of moral turpitude, or otherwise.

are those three documents should be sufficient for your travel? Please throw somelight on my situation, I was so depressed about my current situation because my india trip is on edge. 

 

Thanks in advance! 

[xTDx]

1 hour ago, raj12399 said:

Hello,

I was caught for a shoplifting case about 2 years ago for the value of $46 which comes under disorderly person offence in my state. I really don't have intention to take them without paying but it was just happened because I am dealing with some other things at that time but no one trusted me at that time.  I was a student with F1 visa at that time,  One of the store staff caught me doing shoplifting and called cops. Police didn't arrest me at the time of the incident but they took all the details of mine and sent papers to my home address that I provided to police. I hired a Criminal defense lawyer to represent me in Municipal court and eventually my case resulted as "Conditional Dismissal" and Plea is "No Plea taken” after I competed my 1 year probation period. I got final disposition letter from court and also case has been expunged. 

Here is my problem, I am planning to travel to India soon. I have to go for my VISA stamping in india and this is my first time crossing country after the incident happened. I would like to know how my case effects my upcoming VISA stamping and reentry to USA (During port of entry). What kind of docuemts I need to carry and what are my chances of getting my visa stamping done and coming back to USA safely. 

Currently I have below documents handy about my case:

1. Final disposition of case with "Conditional Dismissal" and Plea is "No Plea taken".

2. Approved expungement certified copy from Judge.

3. Letter from attorney saying that  charges have been resolved and that there is no need to worry about any crime of moral turpitude, or otherwise.

are those three documents should be sufficient for your travel? Please throw somelight on my situation, I was so depressed about my current situation because my india trip is on edge. 

 

Thanks in advance! 

There are a lot of moving parts here. You should consult an immigration lawyer for in-depth review of your case and its implications on any future immigration benefits. Looks like you were not arrested/fingerprinted so it might not come up from FBI name check while visa interview. However, there is a high chance for your visa application to be stuck under administrative processing. Consult a competent lawyer please.

[raj12399]

8 hours ago, xTDx said:

There are a lot of moving parts here. You should consult an immigration lawyer for in-depth review of your case and its implications on any future immigration benefits. Looks like you were not arrested/fingerprinted so it might not come up from FBI name check while visa interview. However, there is a high chance for your visa application to be stuck under administrative processing. Consult a competent lawyer please.

Hi, 

 

I got citation from police at the time of incident but not arrested also fingerprinted in municipal court during case process. 

Do you think 1 charge though dismissed (conditional dismissal) bar me to get visa stamping done.

Thanks 

 

[gopalakrishnach]

Take all the documents and be prepared fr 221G scenario. Consult a good immigration lawyer....

[raj12399]

On 1/8/2019 at 11:34 AM, gopalakrishnach said:

Take all the documents and be prepared fr 221G scenario. Consult a good immigration lawyer....

Thanks for the response.

Yes, I have contacted immigration attorney and he is preparing letter on behalf of be about scenario. What is the possibility that my case will bar me from successful h1 stamping? 

[gopalakrishnach]

What is the possibility that my case will bar me from successful h1 stamping? .... No one can give you exact answer for that.. I can just say there are chances of 221G and that is not due to present govt I guess in previous also it may lead to 221G. Who knows because of gods grace everything might work good for you and you will get VISA stamped without any issues. Just be confident and be truthful....