Applying for H4 with past Class A Misdemeanor charge

[singsingh]

Hello,

I was charged with a Class A misdemeanor charge of selling alcohol to a minor while i was a student in 2007 in TX. I graduated December,2007 and moved to another state for work. An arrest warrant was issued around July,2008. I went back to TX and appeared for the warrant, they took me to prison where they took my picture, my fingerprints, etc., and was released on bail. From there, with the documents, I went to a lawyer. He postponed the hearing to about October,2008. We pleaded "no contest", as he advised. I was given 12 months of probation time and 24 hrs community service and some fines.

My lawyer said that i was charged but not convicted of any crime.

I remained out of TX for my work and i reported to my probation officer on time every month, and paid the amounts due. My probation period ended around September/October,2009. I got a letter from the court saying I had completed my probation.

Meanwhile, my company filed for my H1B visa and i got the visa which came into effect from October,2008.

In 2009, I applied for a scholarship in a school and got it. I then requested for a change of status with USCIS, using form I-539. I received a RFE on November, 2009.

I married my then girlfriend a few weeks after I got the RFE. She was on OPT.

I had resigned from my company once I got the confirmation from the school for the scholarship. So I could not provide the last paystub that was asked for in the RFE, and i was denied the change of status. Some excerpts from the Letter of decision follows:

".......although the applicant will be in a "period of authorized stay" the applicant's nonimmigrant status will expire prior to the program start date listed on the SEVIS I-20. As such, USCIS must deny this request for a change of status because the applicant will have failed to maintain a valid nonimmigrant status until the requested program start date listed on the SEVIS I-20.

USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of Form I-539 leaves you without lawful immigration status and you are now present in the United States in violation of the law. you are required to depart the United States within 30 days from the date of this decision, or be subject to removal proceeding........"

After the letter of decision, I returned back to my country and have been here for more than a year now.

I did apply for a F-2 visa on 2010. On the application form for the interview, I did not check "YES" in the option where it said "..have you ever been arrested for a crime...." but in the interview, when the interviewer asked me if i was in any trouble during my stay in the US, i mentioned that i was charged with a misdemeanor, but never convicted of any crime. then i explained to him what had happened and that the issue was taken care of in a proper manner.

He told me that I worked illegally, to which i said that I was only filling in for my friend who had gone to get his food for a while.

He denied me the visa stating the following:

- I was not honest while filling up the interview application.

- I had intentions to immigrate.

- My wife had only three months of her OPT period remaining.

My wife is currently on her H1B status. She visited me December,2010, and got her visa stamped. Her current H1B is only valid till September,2011. Her employer is making arrangements for her H1B renewal.

I want to apply for the H4 visa now. What will be the best procedure to do that?

-I will obviously check "Yes" in the option where it say, have u ever been arrested......

-Will it pose a problem in my H4 stamping?

-If yes, is there any way I can get over the issue and get my H4 visa?

Your suggestions will be greatly valued.

Thanks in advance.

[pontevecchio]

If you want the services of the firm then give them a call. As a forum reply I would tell you there is only way to find out and that is to apply.