Shoplifting Case and going for H1 Extn Visa Stamping

[aashajerry]

Hi,
I'm on H4. I and my husband were charged with Shoplifting.
In Court the case on my husband was DISMISSED and the case on me was DOWNGRADED to MUNICIPAL ORDINANCE and i have payed a penality of $280.
We are going to india in next month for H1 Extn stamping.

1) Will it be a problem for us to get H1 & H4 stamped??
2) Do we need to take any supporting documents with us so that we will get stamped without any issues?
3) As my husbands case was dismissed will it be a problem for getting H1 Extn Stamped??
4) As my case was downgraded to Municiapl ordinance will it be a problem for getting my H4 stamped??
5) Our kid is a US Citizen and will it help us in getting the VISA stamped without any issues??

Can any one suggest me what i need to do ASAP.
Appreciate your help in advance

[knowledgeable]

Of course ...

... there will surely be a problem in such a case. There will be more scrutinizing. You need to have all the original documents of your case, including but not limited to the ones that show the dismissal.

Nope, sorry your USC child does not help much in this case.

You just need to have all your documentation with you that shows you were cleared of all the charges.

Take care.

Hi,
I'm on H4. I and my husband were charged with Shoplifting.
In Court the case on my husband was DISMISSED and the case on me was DOWNGRADED to MUNICIPAL ORDINANCE and i have payed a penality of $280.
We are going to india in next month for H1 Extn stamping.

1) Will it be a problem for us to get H1 & H4 stamped??
2) Do we need to take any supporting documents with us so that we will get stamped without any issues?
3) As my husbands case was dismissed will it be a problem for getting H1 Extn Stamped??
4) As my case was downgraded to Municiapl ordinance will it be a problem for getting my H4 stamped??
5) Our kid is a US Citizen and will it help us in getting the VISA stamped without any issues??

Can any one suggest me what i need to do ASAP.
Appreciate your help in advance

[txh1b]

1. Most likely in delays. As your charge was downgraded to a municipal violation (I am guessing Disorderly Conduct), you are fine. Shoplifting is a CIMT.
2. Carry certified copies of the court documents and possibly a letter from a lawyer saying the final conviction was not for a CIMT. Agreeing that you have shoplifted is also grounds for denial. But you have to mention the arrest.
3. No, he needs to carry court dismissal docs though.
4. Delays.
5. No

[aashajerry]

Do we need to specity as "Yes" in DS-156 for my Husband and me

[txh1b]

If both were arrested, yes.

[aashajerry]

If both were arrested, yes.

My Husbands case was dismissed, even then we need to specify as "YES" in DS-156.
The case on me was downgraded with a fine of $250, so even i need to specify as "YES" in DS-156.

[txh1b]

Were you arrested? If so, the answer has to be yes. The final convictions do not matter, the arrest qualifies for answering YES.

[aashajerry]

Were you arrested? If so, the answer has to be yes. The final convictions do not matter, the arrest qualifies for answering YES.

Botf us are not arrested. We were been issued Summons and after when we have appeared in the Vourt they have taken our Finger prints and Photos and my husband case was dismissed and my case was downgraded to Municipal Ordinance with a fine of $250. So do we need to say as "YES" in DS-156

[txh1b]

YES YES YES!!!!! I have answered it many times and you keep asking the same. Read the question on DS 156 and the answer is easy to figure out.

Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty or other similar legal action? Have you ever unlawfully distributed or sold a controlled substance(drug), or been a prostitute or procurer for prostitutes?

A or B means if either A is true or B is True, the answer for A or B has to be TRUE.

[Proud2BLegal]

Botf us are not arrested. We were been issued Summons and after when we have appeared in the Vourt they have taken our Finger prints and Photos and my husband case was dismissed and my case was downgraded to Municipal Ordinance with a fine of $250. So do we need to say as "YES" in DS-156

YES DUH!!!