Misdemeanor charges and future H1B visa

[Law Seeker]

Hi,
I'm a student with an F-1 visa and was arrested for public drunkenness and lewd conduct. I have hired a criminal lawyer to resolve the case (I pleaded not guilty). The trial date is coming soon. Here is my questions:

1. I will apply for an H-1B visa soon, will the fact that I was arrested jeopardize my chance? If I apply for a green card will this jeopardize my chance?

2. If I go back to my country, and need to get my passport re-stamped with a new visa, should I declare the fact that I was arrested? How will this affect my visa application status?

Does anyone have similar experience or advice? I will appreciate any reply....

Thanx

[Mr. Knowitall]

1. I will apply for an H-1B visa soon, will the fact that I was arrested jeopardize my chance? If I apply for a green card will this jeopardize my chance?

Possibly; it depends upon factors including whether the "lewd conduct" charge could be construed as a crime of moral turpitude, and the extent to which the offenses might fall under the petty offense exception. Before entering into a plea agreement you should consult an immigration lawyer about the consequences of your plea.

2. If I go back to my country, and need to get my passport re-stamped with a new visa, should I declare the fact that I was arrested? How will this affect my visa application status?

Those are questions you should pose to an immigration lawyer, familiar with the full facts and circumstances of your situation.

[Law Seeker]

Ok... there's an update.

The court has dismissed the charges, which means there is no conviction. Will there still be adverse immigration effects??

The nature of the lewd conduct is urinating in public, by the way. I know it's pretty stupid.

Thanx for the replies...

[Mr. Knowitall]

Probably not. You may be asked about it, but it is quite possible that the USCIS will never even learn about it, and even if they do it seems unlikely that they would consider it a crime of moral turpitude or outside the petty offense exception.

[Law Seeker]

Mr. Knowitall... thank you for your reply, I really appreciate it. At least, there is some good news that I am not convicted.

Now... if anybody would be so kind to answer my next question, I would be really really thankful.... I am planning to go back for a visit to my country and to re-enter the US, I would need to apply for a visa re-stamp. In the DS 156 form, if I declare "Yes" to the "have you been arrested and/or convicted .... " , will this create a significant delay? Or, what's the chance of my visa application being rejected/approved?

Anybody with similar experience? Please share your thoughts...

Thank you ... thank you... very much.