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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default H1b Renewal Stamping 2 Weeks from Petty Misdemeanor

    Hello there,
    Quick background:
    I work and live in California. During my vacation in Hawaii I was arrested for shoplifting. I consumed a item and did not pay for it. I did not attempt to take the item with me or steal the item. I consumed it and forgot to pay for it as I was in a hurry to leave. The cost of the item was less than $3. The store security charged me. I was arrested by the cops and fingerprinted. I paid a bail of 250$ and was released immediately without any detainment or jail time. The cops were very understanding and said that their record will mention that I was very cooperative. This happened just last night and the court date is sometime in the end of october. I have not contacted a lawyer yet but will do so first thing tomorrow to see what I can do. FYI - I have no previous misdemeanors or any records whatsoever.
    - Considering that the item was less than $5 in value and that I did not attempt to take the item with me do you think there is a chance that a lawyer can remove this from my record without conviction?
    - Since I live in California and this happened in Hawaii, is there a chance that the lawyer can appear in court on my behalf and get this accomplished without my traveling to Hawaii?

    I had planned on traveling to India and getting my visa stamped two weeks from today (tickets already booked). Though I havent booked a visa appointment date yet, I filled the DS160 form last week and answered NO to the 'have you been arrested or convicted' question since this hadnt happened then.
    - What is your advice about my traveling to India now? The cops told me that their report wont reach the court for a month at least and so my visa stamping in 2 weeks should not be affected.
    - My date of return to the US is 1st Oct and that is still within a month from the date of the incident. Will I have any issues at the port of entry?
    - Since the court date is only end of October I still have not been convicted and I'm hoping a lawyer will be able to get me out of this. Can I use this argument if any questions about this come up during the interview or at the port of entry?

    I greatly appreciate your help with this! My trip to India (and my future in turn) depends on this!
    Thank you so much!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Renewal Stamping 2 Weeks from Petty Misdemeanor

    Your lawyer can advise you on your chances of avoiding a conviction, based upon the full facts and circumstances of your case and the policies of the judge and prosecutor. Your age could be a factor.

    You can see if your lawyer can figure out a way to resolve the case without your going back to court. That's much less likely, given that this is a criminal offense, but it's not entirely outside the realm of possibility.

    I doubt that the matter will prevent you from entering the U.S., although obviously involvement with the criminal justice system can cause delays or other problems.

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