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Urgent Help - for Non Immigrant - Shoplifting case

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  • Urgent Help - for Non Immigrant - Shoplifting case

    Hi

    I have been caught yesterday for Shoplifting of snacks worth 60$ , Since i didnot have my Id, they called Police and Police asked me to sign a form and asked me a Question - -"are you willing to remian Silent or like to discuss the case" . I told - i will remain silent and he told i am all set to go home, and i will receive a letter from court and i need to get an attroney to proceed.

    Shop security didnot take a photo of mine, he just took the photo of items and he told i need to pay soem fine , which will come to my mailbox in 7 days.


    I am really ashamed and nevrous about couple of things,

    1. I am going to india for Visa stamping H1, will it be affected, becoz of this.

    2. Will my job be affected becoz of this, currently am on job with Software Engineer position, - will it be affected >

    3. In future , i am thinking to switch to a new job next year, will my background check be affected>

    4. how do i get a attroney in Bellevue\Seattle area- please help, Urgent.

    Thanks alot for all you help

    -Priya

  • #2
    plzz reply

    senior members plz reply ,,, am so scared and waiitng for ur reply ... also ppl faced similar situation, pls help us..

    thanks

    Comment


    • #3
      Talk to am immigration lawyer and get a criminal lawyer with immigration law knowledge to discuss the case.

      Do not leave the country before your case has a disposition. You have to declare your arrest during the visa process and on the visa form and this could land you in a catch 22 as the case disposition is needed for the consulate to issue you a visa and if you leave US without it, you will be stuck.

      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


      • #4
        Thanks a lot for your helpful info...

        I got a criminal defence attroney and

        he promised to have the case dismissed in two months time...

        Should i do something else, from my side,,,

        Once the case is dismissed , i will get the case dismissal document from court right>

        Is that enough for the Visa stamping, regarding the case>>


        should i be providing any other documents for US conslate to get my visa stamped>>

        Please help me, in this regard... thanks a lot

        Comment


        • #5
          There should be a plain dismissal. Even something like a community service as a diversion program constitutes a black mark for immigration purpose. I suggest you discuss with an immigration attorney as well as it is a CIMT.

          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
            Thanks a lot for your valuable information..


            Can u please explain me about plain dismissal, CIMT.


            My defense Attroney - says --

            1. he ll try to get back the case from court to probation - so that i can take some class and community service for 40 hours or so.... BUT he told this is hard in my case, since the charge is filled against me already in court and i have a court date.. In this case, he is telling like -there is no need to declare myself in my visa stamping and visa docs.


            2. He told - i should pay the fine to store and the JUDGE will dismiss the case.. In this case, i need to declare myself in my visa stamping and visa docs.


            please help me with your comments and i will talk to my attroney about it


            thanks a lot for all your help in need..

            Comment


            • #7
              1. That is bad for you. The attorney is wrong. You have to always declare the arrest in visa forms even if the case is dismissed.

              It is a plea bargain for community service and it requires you to accept the guilt which is dis*****us for immigration purpose. Talk to an immigration attorney. Reduction of the charges like trespassing or loitering would be better.

              2. Wrong approach and bad for you with serious immigration consequences.

              Google for CIMT - Crime Involving Moral Turpitude.

              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


              • #8
                Thanks a lot for your quick reply and help, txh1b...

                I am too much worried now, since,, my attroney is leading me wrong, Is there anything like, i could tell him... I have already told him about it and he told we dont require an immigration lawyer at this time...

                Should i withdraw him and hire another lawyer... Please advise wat to do>

                I am totally scared,, please help me

                Comment


                • #9
                  First talk to an immigration lawyer and and discuss what outcome is least favorable and what is most. Then you can decide if you want to hire another one.

                  Most criminal defense attorneys offer free consultation. Talk to couple of them and discuss your case. You will figure out who is the best.

                  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
                    Thanks alot for your valuable info...

                    I just talked to couple of Immigration attroneys and they told like -- Paying civil penalty to store wont affect the immigration, if the fact over that is like - misdemeanor compromise ..

                    As my criminal defense attroney promised me that he ll get it , am having my fingers crossed


                    Hope for the safe result..

                    Pls pour in your thoughts, if i need to ask or do something else,to be safe..

                    will update, on whats happening for my charge

                    Thanks again

                    Comment


                    • #11
                      Paying to the store and settling the case out of court will not hurt you.

                      But if you pay or do appear in court or if you are charged by the DA, you need a good lawyer as that will hurt your immigration for sure.

                      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


                      • #12
                        Paying to the store and settling the case out of court will not hurt you. ----


                        ---Is this scenario Possible, when after the case is in court with a judge addigned to>>>
                        if yes, can you please tell me who should i approach - Store or Prosecutor>>



                        But if you pay or do appear in court or if you are charged by the DA, you need a good lawyer as that will hurt your immigration for sure.


                        ---- Here what is meant by DA- Please tell me,

                        I have hired a criminal defense lawyer, who is going to work for my case



                        Thanks a lot, thnxb.. you are of immense help to me and my life..

                        Comment


                        • #13
                          It does seem like your case is no longer a civil penalty case with the store involved. In a nutshell, this is how it works.

                          The store can choose to send you a civil penalty fine and/or not allow you to ever enter the store due to this.

                          The city/county/municipality prosecutor or DA (District Attorney) can still file charges on behalf of the state. But if the store does not want to co-operate or pursue the charges, the defense could ask for dismissal of the case. But remember, any sort of community service will count against you if the charges remain shoplifting. You need to work with your defense attorney to reduce the charges like loitering or public nuisance which is not CIMT.

                          Look up many sources on the internet as my knowledge on this subject has already been discussed on this forum and I have nothing more to add.

                          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


                          • #14
                            What happend with you when you went for stamping??

                            Here are my questions to you. My wife face the same charges.

                            1- Did you finally obtain a new visa stamp? Or was it rejected because of your shop lifting charge?
                            2- Did you declare the same in the DS-156?

                            Thanks,


                            Originally posted by whiteroseswhite View Post
                            Paying to the store and settling the case out of court will not hurt you. ----


                            ---Is this scenario Possible, when after the case is in court with a judge addigned to>>>
                            if yes, can you please tell me who should i approach - Store or Prosecutor>>



                            But if you pay or do appear in court or if you are charged by the DA, you need a good lawyer as that will hurt your immigration for sure.


                            ---- Here what is meant by DA- Please tell me,

                            I have hired a criminal defense lawyer, who is going to work for my case



                            Thanks a lot, thnxb.. you are of immense help to me and my life..

                            Comment


                            • #15
                              So what happened at the end . can you please share the information .
                              I am in the same situation too

                              Comment

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