Madam Posted March 14, 2018 Report Share Posted March 14, 2018 Hi I am on H1B and my wife on H4 recently she was caught for a misdemeanor case for stealing . She had shopped at the same store and don’t know what she was thinking but was caught for stealing cloth the amount is less than $50 she was still in the store , no arrest or finger print but was given a citation and was told that they saw her on the surveliance she does not have a state id or a licence so the citation has her name from India licence which is after marriage name xyz my question 1) her name is mis spelled . The name which is on her Indian licence, where her passport and visa has the name before marriage abc example will this show up on while filling extension we have hired a criminal lawyer to take to the court and he has informed us not to plea guilty and he will look for a diversion program as this is her first offence will she be deported if found guilty?? do I have to mention in the i539 form or wait for rfe in case to arrive as the judgement is pending ?? will it impact my case of H1B extension ?? This is her first offence and we are nearing 5 years completion in USA please help Link to comment
confusionforever Posted March 15, 2018 Report Share Posted March 15, 2018 Hire a good criminal lawyer , your best outcome is diversion and you will get as this is first offence. Link to comment
Catty123 Posted March 15, 2018 Report Share Posted March 15, 2018 in which city/State your wife was arrested.? Link to comment
pleaseforgive358 Posted March 19, 2018 Report Share Posted March 19, 2018 If she really wasn't stealing go for a trial and win it. Link to comment
natan111 Posted April 5, 2018 Report Share Posted April 5, 2018 Of course you have to mention it in I-539. There is a explicit question about any arrests, convictions, etc. If you fail to do so, she will be banned for life for material misrepresentation, visa fraud, perjury or all of the above. If she is found guilty, pleaded guilty or otherwise admitted to the crime, this puts her into CIMT grounds for inadmissibility. Although, while stealing is CIMT, there is an option to evoke petty offense exception in her case. Link to comment
monbhandari Posted September 4, 2018 Report Share Posted September 4, 2018 Hi , Can you please tell how did you proceed with this case? Link to comment
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