H1B with a misdemeanor


manning

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Posted

Hi All,

Two years ago I was stopped at Walmart for Shoplifting. I was moving to a new apartment. I had to purchase some basic furniture, TV and utensils for my Kitchen. I had shopped for around $750. My wife had placed a couple of small wooden planks at the bottom of the cart (as the top space was filled with other stuff) which went unnoticed during billing. Even I somehow didn't notice it. The cost of the planks were just $20. I got all items billed (except the planks). When I was moving out of Walmart a security officer stopped me and questioned me about the planks. I immediately agreed that I overlooked it's presence and tried to convince him that I didn't intend to steal. In spite of telling him that I purchased stuff worth $750 and had no intentions to save a mere $20 by stealing something he was somehow not convinced. We had a very tiring day purchasing things for our new apt. We had also shopped in Ikea. When he heard that he immediately responded by saying "So, how much did you steal from Ikea". My wife got angry and started yelling at him. He called the police. I was taken to the police station and charged with shoplifting in walmart for $20. I explained this to my attorney. He got the charge reduced to a township ordinance. After my attorney looked at the video tapes he did suggest me to go for the trial. As the cost of the attorney was too much I just agreed to get the charges downgraded to a township ordinance (I realize the mistake I did now. I thought the case wasn't that serious and the attorney was just trying to make more money). 

Fast forward 2 years..

My H1B renewal was due 2016 and I mentioned about this incident to my employer and the law firm. They said it shouldn't harm my renewal. 

I got my H1B approval without any issues. I am yet to go for stamping. I did travel in and out of US after the incident and had no issues. My employer is filing my I-140. I am waiting for it's results. Hope this helps someone in the same situation. 

  • 3 weeks later...
  • 2 months later...
Posted
On 1/27/2017 at 2:49 PM, manning said:

Yes I was finger printed.

Ok did you expunge your arrest and case details after the case was downgraded? During port of entry you were not sent to secondary inspection?

  • 4 weeks later...
Posted

No I did not expunge the case. I had no issues in the POE. I think it was because the case was downgraded to a township ordinance violation which is non criminal.

Posted

Ok case was downgraded and were you convicted for township ordinance? Did you do a live scan ? What did your court documents say? When are u going for visa stamping? Where u fingerprinted in the police station all 10 fingers during booking and citation?

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