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  1. #1
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    Oct 2011
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    Default How to Apply for L1 Extension with a Misdemeanor Record

    If I apply for an L1 extension and a member of my family who will be included in my extension application has a 2nd degree misdemeanor retail theft (UT, $20 amount, dismissed but with conviction), what sort of papers will I need to attach onto the extension application papers? Or do I just wait for a response from USCIS if additional papers are required?


  2. #2
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    Default Re: How to Apply for L1 Extension with a Misdemeanor Record

    You're asking about form I-539? As you have already surely read, you must disclose criminal convictions on that form. You can anticipate that the USCiS is going to follow up with a RFE. The form does not officially provide for the submission of explanatory information for a "yes" to that particular question, but I don't see the harm in providing documentation of the charge and dismissal such that if somebody reviews the information they'll see that it qualifies for the petty offense exception.

    I'm assuming you are talking about a Class B misdemeanor here, not a second degree felony - you have your terminology mixed up.

  3. #3
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    Oct 2011
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    Default Re: How to Apply for L1 Extension with a Misdemeanor Record

    Oh sorry yes you are correct I meant Class B misdemeanor. I thought petty offense exception only applies to those approaching the border (or entering the US) and not to those who are already in the country?


  4. #4
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    Default Re: How to Apply for L1 Extension with a Misdemeanor Record

    A crime involving moral turpitude can make you ineligible not only to enter the U.S., but for a new visa or extension of a visa. Hence the petty offense exception becomes relevant.

  5. #5
    Join Date
    Oct 2011
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    Default Re: How to Apply for L1 Extension with a Misdemeanor Record

    As a follow up to this, if by chance we get an approved extension and we decided to go out of the country (lets say for vacation). When we come back, what sort of papers are needed to be shown to the border officer (aside from the approved visa stuff)? Do we need to bring with us the court disposition or some other papers related to the case?

    Thanks for the replies! Really appreciate it


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