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  • 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
    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.

    Comment


    • #3
      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,..

      Comment


      • #4
        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.

        Comment


        • #5
          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.

          Comment


          • #6
            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?

            Comment


            • #7
              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.

              Comment


              • #8
                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..

                Comment


                • #9
                  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.


                  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.

                  Comment


                  • #10
                    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?

                    Comment


                    • #11
                      Shoplifting

                      Hi all,

                      My cousine involved in Shoplifting in JC penny. He got arrested and finger prints are taken and he attend court twice but they didn't anonuced Fine. They told that he should attend to know the fine for third time(June 6th). All this was happend in the time 27 th May 2009.

                      His H1B was expired Sept 2008 and he stayed still May 2009 and his grace period was only still 30th May 2009 so he flied back to India on 30th May 2009. His H1b extension got rejected. So he didn't attended the final hearing of the court and he didn't paid the fine.

                      Now he applied H1B again. how it effect to H1B? is going to cause any problem in port of entry? He should go for H1b OR NOT?

                      Please advise me as soon as possible.

                      Your help in this regard would be highly appreciated.


                      Regards

                      Comment


                      • #12
                        He might have a warrant issued for his arrest.

                        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.

                        Comment


                        • #13
                          I am not able to getting the corect information from Immihelp.com

                          Originally posted by txh1b View Post
                          He might have a warrant issued for his arrest.

                          COuld you please help me with any additional information.

                          Comment


                          • #14
                            Be specific. If anyone jumps bail and runs, the court issues a bench warrant for arrest. You can get more information by contacting the court handling the case or the sheriff's office.

                            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.

                            Comment


                            • #15
                              Originally posted by swetha1985 View Post
                              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..

                              Hi Sweta1985:
                              1- Did you finally obtain a new visa stamp? Or was it rejected because of your disruly conduct charge?
                              2- Did you declare the same in the DS-156?
                              3- Were your records expunged by the time you went for your visa stamping?
                              4- Did you face any delays? Extra background checks?
                              5- What questions were you asked during the interview?

                              Appreciate your response!

                              Comment

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