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  1. #1

    Default Shoplifting in USA

    One of my friend was arrested in shoplifting and she was asked to attend the court and she attned the court with an attorney..and the case was degraded to municipal ordinace case saying that she caused disurbance at the store where the security officer has been interfered and all.However to file expungement it takes 5years so she pleaded guilty for the degraded case and the shoplifting case not guilty thats like now she is carrying the degraded case.So the questions here are as follows:
    1)She got her H1 approved and is working but still didnt attend for the visa stamping.So,will this be a problem if she attends for visa stampping and which country whould anybody recommend for her for stamping.
    2)And second question is that,in future if she appplies for a full time job will this been shown on her records..
    Please advice..

  2. #2
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,352

    Default

    What is the maximum sentence for the crime she pleaded guilty to? Shoplifting is CMIT and could disqualify one from a visa depending on the cost of the item in some states. As the shoplifting charge was dismissed, she is lucky.

    1. For a visa stamp, she should carry all court paperwork of dismissal, declare the arrest and conviction truthfully on the DS156, be ready to explain and not admit any guilt regarding the shoplifting charge (If she says she did that, even if the court case was dismissed, she could be denied a visa!) She should be prepared for a background check delay for sure.

    2. A proper background check by any agency will reveal it unless it was expunged. Even if expunged, all arrests/convictions have to be clearly declared in all immigration forms.

    A proper consultation with an immigration attorney is needed to go over the paperwork in detail.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  3. #3

    Default Case not dismissed

    The case has not been dismissed its just been bought to municipal ordinance case dat means the case was jus degraded.so,she is worried whether she will get her h1 stampoed or not and also her visa also has been apporved.its just she have to go to other country and get stamped..which country wud u suggest for stamping,..

  4. #4
    Join Date
    Jul 2006
    Location
    United States
    Posts
    1,959

    Thumbs up Disturbance ...

    ... is way too different than shoplifting. You don't have anything to worry about here.

    Still, get the docs as suggested and you'll be fine (your friend for that matter).

    Good luck.

  5. #5
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,352

    Default

    It is probably a plea bargain arrangement that she had. The shoplifting charges were reduced to disorderly conduct from what I understand. This happens in many cases. In essence, the shoplifting charges were dropped and she was charged for another offense. But everything I said earlier still applies. She has to choose her words carefully for the visa interview and hence I suggested a lawyer.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  6. #6

    Default thanx for the replies

    I need more information about the issue.I have the folwoing questions..

    1)As said above the case has been degraded to another offence.I wanted to know whereits gonna effect my friend.She has her h1 approved but didnt get stamped yet.

    2)Will this effect her jobs in future or going to india etc.,.main thing is will she get her H1 stamped?

  7. #7
    Join Date
    Jul 2006
    Location
    United States
    Posts
    1,959

    Exclamation Questions and more questions ...

    ...

    1. Get your facts straight and documents on hand as mentioned by TXH1B.

    2. Jobs - no effect. Visa stamping - no guarantee.

    If this doesn't help you out, the best option is to consult three different senior immigration attorneys in United States.

    Based on their advice to your friend, you will be able to take a more educated decision.

    Good luck.

  8. #8

    Default ShopLifting Questions for H1B Stamping

    Was arrested for shoplifitng in aug2008 and planning to go for h1b stamping in may2009 to india.My case was ammended to municipal ordinance and got the disposition letter for the case ammendment.So,when I go for the visa interview the question will be regarding the ammended case or the shoplifitng case..dats confusing me.And wherever I have done background check nothing has popped up ..But ofcourse Iam going to say that i was arrested in the form...so pls let me know how to know abt the fbi records and all..

  9. #9
    Join Date
    Apr 2008
    Location
    Alien from Mars
    Posts
    11,352

    Default

    You can send your FP to FBI and get a self background check. Google for FBI FP and you will see the procedure. You can go to the local police station and get your FPs taken on the FP form for a small fee. More here.

    http://www.fbi.gov/hq/cjisd/fprequest.htm

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

  10. #10

    Default thanku txh1b

    But didnt receive and answer for other question.What should I answer whn VO questions me abt arrest..Should I speak abt my shopllifting case or the ammended case?

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