Petty Theft misdemeanor - need advice for H1B visa extension


Recommended Posts



I got a petty theft misdemeanor PC 488 citation last week and my court case is due next month. I have clean record so far and this is my first citation ( I was in a hurry for a doctor appointment of my 10 day old baby who was in car with wife and forgot to bill the goods i purchased, value 69$. I came out of the shop without billing and by the time i realized that i missed something they caught me. I was not arrested but given citation ticket ). I approached a defense lawyer and he gave me two options,


1.Go for dismissal under diversion scheme program

2. Or reduce PC 488 to PC 490.1 infraction.



I am not sure which option is safer, my H1 visa extension needs to be done in next 5 months. Please answer the below questions,


- Which option is better from immigration point of view? Dismissal under diversion or infraction? I also read about dismissal under pre-plea/pre-trial diversion program. please explain which is safe to continue my visa and employment in US.

- Which of the two options would go to my immigration record and how would it affect my H1B?

- What should i fill in background check criminal record questions for dismissal and infraction?

- Will this affect my H1B extension, H1 transfer to other employees, I-485 and citizenship? (my I-140 is approved already)

- What kind of paper work do i need form DA court for immigration purpose? Will they give case disposition documents?

- Do i need to go to immigration court once it is reduced to infraction or dismissed, when i apply for H1 extension?

- Will they take my fingerprints or how to avoid it?

- How expungement of dismissed case/infraction will happen?

- What to answer for below questions,

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?
Have you ever, in or outside the United States:knowingly committed any crime of moral turpitude or a drug-related offense for which you have not been arrested?"
I do not have much knowledge in this regard. Please help me out in solving this. Thank You.
Link to comment

Get an Immigration Lawyer involved and have him talk to your Defense Lawyer before taking any steps. Make sure to print out the questions above and get specific answers from the Immigration Lawyer. Infractions have less impact as compared to other crimes. If you involve an Immigration Lawyer in tandem with your Defense Lawyer I suspect you will get away with not much collateral damage. Make sure to ask the Defense Lawyer about any Expungement.

Link to comment


This topic is now archived and is closed to further replies.