H1b Visa stamping experience (petty theft charge)

[repent_sin]

Hi,

Just wanted to help others who might be in same situation that I was in. I was arrested last year for petty theft but the case was dismissed through pretrial diversion.

I went to india last month for vacation. During this period I visited Chennai US consulate for fingerprinting and H1b visa extension stamping. The whole stamping interview took around 5 mins where the officer did ask me about my prior arrest/case. I provided him with documents (court letter, attorney letter for case dismissal, pre-trial diversion letter and police clearance certificate). He just glanced through the documents and granted me visa. When I returned to the US port of entry I was taken for secondary inspection and let go after 30 mins. Office made some notes during that time. 

So long story short - make sure you have all necessary case documents before u go for your visa, disclose case details on DS160 forms and be truthful  during the interview. Dont be tensed. 

If possible goto Chennai consulate foor your interview. They have a good record for approvals.

 

AND most importantly keep your hands-off items that you dont own!!! 

PEACE!!!

[ssrk_1]

Hi,

 

My wife is in a similar situation - there was a petty theft case filed on her on Feb 2012.

We appointed a lawyer - reduced charges and plead guilty for "Unauthorized Use of Property" and just paid a fine of $250 to the court and the case was dismissed in April 2012.

We sealed the case on 8-June-2013 (after a year).

I hired one of the best Immigration Attorneys in our Ohio area and that lawyer has filed I-539 for my spouse to extend her L2 visa and waiting for the results.

USCIS asked for my latest 3 pay slips as RFE and I have sent it - now the case is in "Request for Evidence Response Review" status with USCIS.

We have mentioned about the case in I-539 and have provided the court verdict copy (signed by court clerk with seal).

Our Immigration Attorney has also added his statements as an addendum (something like - this is not a CMT; even if found to be one, the max punishment in Ohio can be only 1 month jail sentence; this is her only criminal offense and that the case was closed by paying fine of $250 and that she is not excludable based on 2 Immigration laws).

Honestly, this was her only offense and no other criminal chanrges on her.

 

Question to Immigration Lawyers:

1. Have I covered all the bases?

2. Is there a chance that USCIS can reject my wife's extension on any ground?

 

Question to Repent_Sin:

Did you mention about your petty theft case details in H1B renewal form submitted to USCIS while you were in US on H1B?

 

 

Please let me know and thanks for your help !!!

[ssrk_1]

Hi,

 

My wife is in a similar situation - there was a petty theft case filed on her on Feb 2012.

We appointed a lawyer - reduced charges and plead guilty for "Unauthorized Use of Property" and just paid a fine of $250 to the court and the case was dismissed in April 2012.

We sealed the case on 8-June-2013 (after a year).

I hired one of the best Immigration Attorneys in our Ohio area and that lawyer has filed I-539 for my spouse to extend her L2 visa and waiting for the results.

USCIS asked for my latest 3 pay slips as RFE and I have sent it - now the case is in "Request for Evidence Response Review" status with USCIS.

We have mentioned about the case in I-539 and have provided the court verdict copy (signed by court clerk with seal).

Our Immigration Attorney has also added his statements as an addendum (something like - this is not a CMT; even if found to be one, the max punishment in Ohio can be only 1 month jail sentence; this is her only criminal offense and that the case was closed by paying fine of $250 and that she is not excludable based on 2 Immigration laws).

Honestly, this was her only offense and no other criminal chanrges on her.

 

Question to Immigration Lawyers:

1. Have I covered all the bases?

2. Is there a chance that USCIS can reject my wife's extension on any ground?

 

Question to Repent_Sin:

Did you mention about your petty theft case details in H1B renewal form submitted to USCIS while you were in US on H1B?

 

 

Please let me know and thanks for your help !!!

[ssrk_1]

Hi,

 

My wife is in a similar situation - there was a petty theft case filed on her on Feb 2012.

We appointed a lawyer - reduced charges and plead guilty for "Unauthorized Use of Property" and just paid a fine of $250 to the court and the case was dismissed in April 2012.

We sealed the case on 8-June-2013 (after a year).

I hired one of the best Immigration Attorneys in our Ohio area and that lawyer has filed I-539 for my spouse to extend her L2 visa and waiting for the results.

USCIS asked for my latest 3 pay slips as RFE and I have sent it - now the case is in "Request for Evidence Response Review" status with USCIS.

We have mentioned about the case in I-539 and have provided the court verdict copy (signed by court clerk with seal).

Our Immigration Attorney has also added his statements as an addendum (something like - this is not a CMT; even if found to be one, the max punishment in Ohio can be only 1 month jail sentence; this is her only criminal offense and that the case was closed by paying fine of $250 and that she is not excludable based on 2 Immigration laws).

Honestly, this was her only offense and no other criminal chanrges on her.

 

Question to Immigration Lawyers:

1. Have I covered all the bases?

2. Is there a chance that USCIS can reject my wife's extension on any ground?

 

Question to Repent_Sin:

Did you mention about your petty theft case details in H1B renewal form submitted to USCIS while you were in US on H1B?

 

 

Please let me know and thanks for your help !!!

[ssrk_1]

Hi,

 

Sorry for multiple posting of same messages - for some reason the popup message that a moderator will review came in very small font that I did not notice.

 

Is "Unauthorized Use of Property" considered as CMT?

 

Thanks.

[repent_sin]

Hi,

 

My wife is in a similar situation - there was a petty theft case filed on her on Feb 2012.

We appointed a lawyer - reduced charges and plead guilty for "Unauthorized Use of Property" and just paid a fine of $250 to the court and the case was dismissed in April 2012.

We sealed the case on 8-June-2013 (after a year).

I hired one of the best Immigration Attorneys in our Ohio area and that lawyer has filed I-539 for my spouse to extend her L2 visa and waiting for the results.

USCIS asked for my latest 3 pay slips as RFE and I have sent it - now the case is in "Request for Evidence Response Review" status with USCIS.

We have mentioned about the case in I-539 and have provided the court verdict copy (signed by court clerk with seal).

Our Immigration Attorney has also added his statements as an addendum (something like - this is not a CMT; even if found to be one, the max punishment in Ohio can be only 1 month jail sentence; this is her only criminal offense and that the case was closed by paying fine of $250 and that she is not excludable based on 2 Immigration laws).

Honestly, this was her only offense and no other criminal chanrges on her.

 

Question to Immigration Lawyers:

1. Have I covered all the bases?

2. Is there a chance that USCIS can reject my wife's extension on any ground?

 

Question to Repent_Sin:

Did you mention about your petty theft case details in H1B renewal form submitted to USCIS while you were in US on H1B?

 

 

Please let me know and thanks for your help !!!

 

 

I mentioned truthfully about the case on h1b ds160 visa stamping form. Never lie on your immigration matters. H1b extension application in US doesnt require you to disclose any case details so I am not sure which renewal form you are talking about.

[Love_Peace]

I mentioned truthfully about the case on h1b ds160 visa stamping form. Never lie on your immigration matters. H1b extension application in US doesnt require you to disclose any case details so I am not sure which renewal form you are talking about.

How did you get police clearence certificate??