Arrested for shoplifting and Need to go Home Country for H1 Visa Stamping

[helpneed]

Hello Everyone, Please do help me with this.

I was caught for shoplifting ( Misdemeanor A and it’s my first time offense. This was on 2017 April ) when I’m on F1 visa and I was arrested and taken to jail, been there for at least 3 hours before coming out with bail. They took my mug shots, finger prints, eye scan etc.. My lawyer said my case was dismissed because i did community service and I took a class (pre-trial intervention program) But my case is not expunged. My attorney is saying he will expunge the case From one year. But he is just delaying it from one year. Now I got my H1 visa approved. So I want to go to my home country, after going I should get my visa stamped. Please help me with this questions. Thanks in advance. I would be really helpful if anyone with the similar issue went for an interview and came back to USA without any problem Please please please share your experience here. 

1. Can I go the visa interview before expunging my case?  Will the U.S consulate know that I was arrested even after my case expungement?? 

2. is there any chance that the consulate officer reject my visa? Will I get stuck in my home country only??

3. What all documents should I take to an interview?

3. Will there be any issue in my port of entry when I’m coming back to USA?? Will they allow me to enter USA again?? 

4. Should I say that I was convicted because I took pre-trial diversion program? If I am not convicted, Is there any chance I get my visa approve?

I am so so scared that I can't come back again to USA. Please help me with this. Your valuable responses would save my life. 

[pontevecchio]

1. You have to mention the arrest irrespective or risk a life ban for material misrepresentation.

2. .Nobody in the forum knows. Delays are likely.

3. Documents relevant to the arrest and disposition along with those relevant to the H1

3. Nobody in this forum can tell you though secondary Inspection is likely assuming you did get the visa.

4. Say nothing. show them the disposition and answer any questions asked.

 

Why is there no mention of an Immigration lawyer in your post? You did consult one?

[helpneed]

23 hours ago, pontevecchio said:

1. You have to mention the arrest irrespective or risk a life ban for material misrepresentation.

2. .Nobody in the forum knows. Delays are likely.

3. Documents relevant to the arrest and disposition along with those relevant to the H1

3. Nobody in this forum can tell you though secondary Inspection is likely assuming you did get the visa.

4. Say nothing. show them the disposition and answer any questions asked.

 

Why is there no mention of an Immigration lawyer in your post? You did consult one?

I did contact immigration lawyer. He is my employer's lawyer only. He is saying the case disposition paper would be enough and also he is saying to tell the officer that I am not convicted.

One more thing is does this come under CIMT? I researched in the uscis website. They said if it comes under CIMT then the person will not be admissible to USA again.

[pontevecchio]

Why does Nicholas Nickleby come to mind? 

[Satzz]

Hi .i am in a similar situation.can you please get in touch with me.

[chris22]

Guys pls make sure you fill the information right on DS- Form. Dnt misrepresent there or else you will screwed in the interview.

Visa officers know all your history. Most likely they may give you a 221g for administrative processing and you will get visa. Think positive