Dismissed Shopifting case, H1b Visa stamping coming up

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I was caught for shoplifting in 2021 and was given a class c citation for shoplifting at Walmart by a Sheriff, but there was no arrest. I missed to scan couple of items worth less than $40 and it was a honest mistake and I still having sleepless nights and miserable days thinking about it.  I went to court and case was dismissed without any conviction with deferral disposition. I applied Visa extension in 2024 and it got approved. Now I need to plan for India and need to go for H1B stamping.  This is the first time I have been involved in anything like this (and I know it will be the last time as well).


What to mention for question in DS 160 "have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or similar action"

I was not arrested and case is already dismissed in 2021without any conviction with deferral adjudication.

Please help me if someone went through with similar experience or have some knowledge in this case. Any help is appreciated.



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  • 3 weeks later...
  • 2 months later...

I attended intw and I was asked about this incidence and I explained. They gave me 221g and asked to submit court documents which I immediately did. I was informed after 7 days to submit passports which I collected and visa was approved on it.

So keep your documents ready and explain with honesty. They can delay for a week or 2 for admin processing but cant denial on such cases.


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