Shoplifting offense and L2 visa stamping in India

[lavjay]

Hi, I was arrested for shoplifting while on H1B visa in a retail store for $133 and the incident happened in Sep 2008. I accepted my guilt to lawyer and she arranged for a pre-trial diversion (anti-theft class). The case was then dismissed and in the letter the judge mentioned as "case dismissed after attending anti-theft class.The case was later expunged. I came back to india in 2012 and now I need to apply for L2 visa as a dependent of my husband. I am aware that I should say YES to arrest question on the DS 160 visa form. What docs should I carry to consulate related to arrest? I will appear in Chennai consulate. Anything I need to keep in mind before visa interview? What are my chances of L2 approval? Appreciate your help.

[pontevecchio]

Carry the court disposition documents.

[test_litmus]

Hi, I was arrested for shoplifting while on H1B visa in a retail store for $133 and the incident happened in Sep 2008. I accepted my guilt to lawyer and she arranged for a pre-trial diversion (anti-theft class). The case was then dismissed and in the letter the judge mentioned as "case dismissed after attending anti-theft class.The case was later expunged. I came back to india in 2012 and now I need to apply for L2 visa as a dependent of my husband. I am aware that I should say YES to arrest question on the DS 160 visa form. What docs should I carry to consulate related to arrest? I will appear in Chennai consulate. Anything I need to keep in mind before visa interview? What are my chances of L2 approval? Appreciate your help.

Please carry the entire court file.Go to the court and ask for yourr case file,.

You will get the complete file from police report to disposition.

Make sure the disposition carries the court seal and is certified by court clerk.

You should get stamped.Many ppl have got stamped with this issue in the recent past.

[lavjay]

Thanks pontevecchio and test_litmus for your reply. Will my case be considered as conviction/guilty or as not-convicted in immigration point of view since I atttended pretrial diversion?

[pontevecchio]

The facts of the matter suggest you will have no problems getting the L2 visa. Always a good idea to discuss any ramifications for the future with an Immigration Lawyer at some point of time as a matter of abundant caution.

[test_litmus]

Thanks pontevecchio and test_litmus for your reply. Will my case be considered as conviction/guilty or as not-convicted in immigration point of view since I atttended pretrial diversion?

Generally pretrial div is not a conviction for immigration as you dont plead guilty.

Even if it is a conviction its a petty theft exception

[test_litmus]

lavijay, let us know when u r going to stamping and plz shar your exp

[test_litmus]

@LAVjay - when r u going for stamping.Would highly appeciate if you can share your experience

[mail2viishal@gmail.com]

could you please share details ? i am in similar situation . 

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