Disorderly person will impact my H1B 6th year extension


VRK

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Hello, I need advice on below questions and Immigration consequences on my case:

Issue: I’ve been charged for retails fraud third degree on Nov 2017 and I hired a criminal attorney. The case was downgraded to ‘Disorderly person’ with 180 days probation, 20 hours of community service and Economic criminal program and court fines. I have completed my 20 hours of community work, Classes.

 Questions:

 Q1. I am in H1B status and will this impact my H1B 6th year renewal process, which is going to expire on 9/30/2018?

 Q2. My PERM labor application is in process and applied on Nov 2107. Will this impact the process?

 Q3. Will this incident be notified to my employer?

 Q4. Should i inform this to my immigration lawyer? If this impacts any where in my 6th H1B extension.

 Q5. Will My immigration lawyer contact my employer related to this issue?

 Q6. For I140 Green Card process will they ask for Background Check? If so should i inform my Immigration lawyer before applying and what is the process to avoid auditing on this?

 Q7. Will this affect my credit history for applying credit cards or personal loans or Home Loans?

 Q8. Is there a process to have this incident removed from my records after probation process is complete?

 Q9. As I see we can apply Expungement in 5 years. That means do we need to start processing now or after 5 years?

I really appreciate the help!

 

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Q1. I am in H1B status and will this impact my H1B 6th year renewal process, which is going to expire on 9/30/2018?

It will most probably will be not impacted as there is no question about arrests/conviction in extension application ( Form (I-129)

 Q2. My PERM labor application is in process and applied on Nov 2107. Will this impact the process?

Same apply as above  too -I-140 too.So you will be mostly safe.

 Q3. Will this incident be notified to my employer?

No USCIS will not do

 Q4. Should i inform this to my immigration lawyer? If this impacts any where in my 6th H1B extension.

You may inform him but not need.You may tell if you get RFE to submit Court documents

 Q5. Will My immigration lawyer contact my employer related to this issue?

He may or may not inform , you will know only when you talk to him/her

 Q6. For I140 Green Card process will they ask for Background Check? If so should i inform my Immigration lawyer before applying and what is the process to avoid auditing on this?

i-140 (PERM) does not have any question on arrests/convictions .so you will not be asked but you asked in green card application (I-485).(if it is filed along with i-140).So it better to inform your attorney at appropriate time before they file it.

 Q7. Will this affect my credit history for applying credit cards or personal loans or Home Loans?

No

 Q8. Is there a process to have this incident removed from my records after probation process is complete?

Expungement is way to remove it,but for immigration purposes it is always remains , it will only with employer or landlord background checks

 Q9. As I see we can apply Expungement in 5 years. That means do we need to start processing now or after 5 years?

You can apply much earlier than that varies state to state ,check with your criminal defense attorney

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Thank you so much for your response Deep. 

This helps a lot.

I have checked with my Criminal Defense Attorney and he said we can apply after 5 years from when the plea was entered.

20 hours ago, deep4228 said:

Q1. I am in H1B status and will this impact my H1B 6th year renewal process, which is going to expire on 9/30/2018?

It will most probably will be not impacted as there is no question about arrests/conviction in extension application ( Form (I-129)

 Q2. My PERM labor application is in process and applied on Nov 2107. Will this impact the process?

Same apply as above  too -I-140 too.So you will be mostly safe.

 Q3. Will this incident be notified to my employer?

No USCIS will not do

 Q4. Should i inform this to my immigration lawyer? If this impacts any where in my 6th H1B extension.

You may inform him but not need.You may tell if you get RFE to submit Court documents

 Q5. Will My immigration lawyer contact my employer related to this issue?

He may or may not inform , you will know only when you talk to him/her

 Q6. For I140 Green Card process will they ask for Background Check? If so should i inform my Immigration lawyer before applying and what is the process to avoid auditing on this?

i-140 (PERM) does not have any question on arrests/convictions .so you will not be asked but you asked in green card application (I-485).(if it is filed along with i-140).So it better to inform your attorney at appropriate time before they file it.

 Q7. Will this affect my credit history for applying credit cards or personal loans or Home Loans?

No

 Q8. Is there a process to have this incident removed from my records after probation process is complete?

Expungement is way to remove it,but for immigration purposes it is always remains , it will only with employer or landlord background checks

 Q9. As I see we can apply Expungement in 5 years. That means do we need to start processing now or after 5 years?

You can apply much earlier than that varies state to state ,check with your criminal defense attorney

 

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The outcome of your visa applications/I-485 etc will depend on what actually happened.

Like the other person said, when you apply for extensions you will not have to explain what happened. But during visa interview there will be a question where you will have to declare and then in the interview explain "what actually happened" and then it's up to the officer as they have discretionary powers.

During your i-485 you will have an interview and again what actually happened the original charge is what will count. What the charge has been downgraded to etc may not be not considered.

Can you share what actually happened?

 

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