H1B, H4 Visa

Hello,

 We wanted to share our experience to help others who are in similar situation. My wife was arrested and charged with Shoplifting back in 2018. We worked with a criminal defense attorney and got the charges reduced to Disorderly Conduct. We should have also consulted with an Immigration attorney at that time but we didn't know better. After the case ended, we got it reviewed by an Immigration attorney who explained to us the situation that we were in. It was mostly positive but we got an idea that things would not be the same for my wife's immigration from now on. On his advice, we collected several copies of certified case docket from court and Police arrest records for future use.
Between this event and our India travel for stamping we were able to successfully get our Visa's extended.

H4 VISA interview in Delhi (We both attended the interview together)

VO : Were you arrested?
H4 : Yes
VO : What happened?
H4 : In Mar'2018 I was charged with Theft. I did not agree with the charges so I worked with my attorney to challenge it. We finally got it amended to Disorderly Conduct in Jun'2018.
VO : Please show the records.
H4 : Handed over "Certified Case docket" + Police Arrest Record + Statute for Disorderly conduct conviction + Letter from attorney summarizing the case.
VO : These records do not show Final Conviction
( Our case docket did not had clear mention of the sentence. This was pointed to us by the Immigration attorney but he said it should be OK as Judge's sheet serves as the sentencing )
H4 : The Judge's sheet has the sentence. I can also provide FBI background check & Case transcript to support the conviction charges.
VO : After reviewing those documents - I still do not see a final conviction for the case. Please get final conviction papers from court.
H4 : Court gave us all the documents they had on this case.
VO : I will need final conviction paper after which I can process your VISA.
Handed over yellow slip and asked us to submit H4 passport along with final conviction papers..

We contacted the court in US and asked them for a letter stating final conviction for our case. We also seek help from our criminal attorney for this letter from court. They both were helpful and in 3 days we had the certified letter from court in our email.

The VISA was issued after 2 weeks of submitting the documents.

At the Port of Entry in US, we were held again for 30 minutes after which we were let go without any questions asked... I believe it was for background check again.

Finally, I would suggest following based on our experience:
1) Consult Immigration attorney and understand your situation completely.
2) Carry all relevant documents
3) Be straightforward with your replies to the questions about arrest record. You should be confident and to the point.

All the best.