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Misdemeanor (Shop Lifting) - Visitor Visa Impact for mother, please help

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  • Misdemeanor (Shop Lifting) - Visitor Visa Impact for mother, please help

    Need advice for my mother who recently went to foreign consulate for visitor visa interview and was asked to provide court disposition papers before officer makes a decision. Below is the full context (sorry a little lengthy, desperately need advice).

    About my mother: Kind, and community contributing housewife who has raised 3 kids and helped many others. She volunteers her time with mentally gifted children and the homeless in India as well as is educating 3 other under privileged kids supporting them financially. She is currently in her late 60s

    History: I am currently on H1 Visa, going through my GC process. About 12 years ago, back in Sept 2006 when I had just graduated from college and had gotten my job, my mother had visited me. This was her second visit to the US. During this time, in october 2006 I had left her at a shopping mall in JC Penney while I went to work. Very much unlike her, and till date whole incident remains unexplained she was stopped for shoplifting. Only thing I can explain is that my grandpa had recently passed. Anyways she was extremely shameful and regretful on her actions and never had such intent. Till date, she does not have any prior or current history other than this blip. She was arrested and I hired a criminal attorney, who years later I find out totally messed up. The attorney gave promises of first time offense and will get it dismissed. However, he took the retainer amount which was $5K and dissappeared pretty much. Was unprofessional and negligent, and me not knowing much about criminal law and was just a student till then signed whatever he put forward. Net Net, attorney changed to nolo contendre without informing and my mother's case had a charge of misdeameanor, with fine of $300 and 30 days of community service. She had a 10 year visa which expired in 2012, and came back to the US in 2008 and 2011 without issues

    Current 2018: My mother recently went for interview at US consulate in India to reapply for visitor visa so she can visit me. I am having a baby and would want her to meet her grandchild. The visa officer denied her visa request and wrote on the papers that she needs to bring her court disposition papers. He did not even look at her file and other papers. This is the first thing he pulled up and asked her to come back and submit the final court disposition papers.

    Question/Advice:
    1. Is there anything else she should prepare and submit along with court disposition, to show good character and contributing member to the society? She has been doing community service ever since I was little and has a clean record. Maybe affidavits of support or police letter?

    2. Should I hire an immigration attorney to assist with this? Any recommendation of one in San Francisco that has dealt with such cases succesfully will be highly appreciated

    3. Any one with similar experience? Will she be denied? If so will she never be able to apply for visitor visa or gain entry to US?

    It is always so stressful when involved your parent. I wish somehow can show to the folks that other than the one mistake, my mother is one of the the kindest, giving individuals

    Thanks for your help. Really stressed since all of this is like greek and latin for me

  • #2
    Originally posted by calibay View Post
    Need advice for my mother who recently went to foreign consulate for visitor visa interview and was asked to provide court disposition papers before officer makes a decision. Below is the full context (sorry a little lengthy, desperately need advice).

    About my mother: Kind, and community contributing housewife who has raised 3 kids and helped many others. She volunteers her time with mentally gifted children and the homeless in India as well as is educating 3 other under privileged kids supporting them financially. She is currently in her late 60s

    History: I am currently on H1 Visa, going through my GC process. About 12 years ago, back in Sept 2006 when I had just graduated from college and had gotten my job, my mother had visited me. This was her second visit to the US. During this time, in october 2006 I had left her at a shopping mall in JC Penney while I went to work. Very much unlike her, and till date whole incident remains unexplained she was stopped for shoplifting. Only thing I can explain is that my grandpa had recently passed. Anyways she was extremely shameful and regretful on her actions and never had such intent. Till date, she does not have any prior or current history other than this blip. She was arrested and I hired a criminal attorney, who years later I find out totally messed up. The attorney gave promises of first time offense and will get it dismissed. However, he took the retainer amount which was $5K and dissappeared pretty much. Was unprofessional and negligent, and me not knowing much about criminal law and was just a student till then signed whatever he put forward. Net Net, attorney changed to nolo contendre without informing and my mother's case had a charge of misdeameanor, with fine of $300 and 30 days of community service. She had a 10 year visa which expired in 2012, and came back to the US in 2008 and 2011 without issues

    Current 2018: My mother recently went for interview at US consulate in India to reapply for visitor visa so she can visit me. I am having a baby and would want her to meet her grandchild. The visa officer denied her visa request and wrote on the papers that she needs to bring her court disposition papers. He did not even look at her file and other papers. This is the first thing he pulled up and asked her to come back and submit the final court disposition papers.

    Question/Advice:
    1. Is there anything else she should prepare and submit along with court disposition, to show good character and contributing member to the society? She has been doing community service ever since I was little and has a clean record. Maybe affidavits of support or police letter?

    2. Should I hire an immigration attorney to assist with this? Any recommendation of one in San Francisco that has dealt with such cases succesfully will be highly appreciated

    3. Any one with similar experience? Will she be denied? If so will she never be able to apply for visitor visa or gain entry to US?

    It is always so stressful when involved your parent. I wish somehow can show to the folks that other than the one mistake, my mother is one of the the kindest, giving individuals

    Thanks for your help. Really stressed since all of this is like greek and latin for me


    please see my answers after your questions:

    1. Is there anything else she should prepare and submit along with court disposition, to show good character and contributing member to the society? She has been doing community service ever since I was little and has a clean record. Maybe affidavits of support or police letter? you can always try and get a police letter, but mainly provide what they ask and proof that any fines have been paid

    2. Should I hire an immigration attorney to assist with this? Any recommendation of one in San Francisco that has dealt with such cases successfully will be highly appreciated: Is she planning to immigrate or visit? if she's not immigrating there is no need to hire an IMMIGRATION attorney.

    3. Any one with similar experience? Will she be denied? If so will she never be able to apply for visitor visa or gain entry to US? her approval or denial is entirely based on the decision of the Visa officer doing her interview. so there's not guaranteed yes or no answer to this question. Best of luck

    It is always so stressful when involved your parent. I wish somehow can show to the folks that other than the one mistake, my mother is one of the the kindest, giving individuals
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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