H1-B Extension/Renewal due shortly - but recent shoplifting charge - please advice

[tday2010]

Hello - Due to an unfortunate turn of events, a closed one was charged with shoplifting. Her H1-B is up for renewal right now, and she intends to get the new visa stamped in the next one month. He previous 3 year term on the visa recently expired.

She has been given a court date and most likely will be convicted and assigned to short community service. It has been mentioned that if she has no re-arrest in the next 6 months, her case will be taken off the records.

She is in good academic, professional standing with impeccable record otherwise. This incident was just very unfortunate to have happened.

1- Will this pose a problem in her obtaining new visa? Should she fear visa rejection?
2- Should she expect a background check? And associated delay?
3- Should she hire an immigration attorney? If yes, what role does the attorney play?

4- More importantly, it has been metioned that the likelihood of her records being "taken off" by the police/court in 6 months are high, if she continues to maintain good conduct.

Should she then wait 6 months to make a visit for visa stamping? If she waits 6 months, can she reply 'NO' to the question is she was every criminally prosecuted. Or does she have to reply 'YES" despite the fact that public records were erased?

5- What are the likely implications of this incident on her future? If the visa is rejection, does the employer company filing the visa, get to know the reason why it was rejected?

Thanks in advance for all your help. Any information you can provide is highly appreciate. She is much distressed.

Swati

[Subramanya]

Hello - Due to an unfortunate turn of events, a closed one was charged with shoplifting. Her H1-B is up for renewal right now, and she intends to get the new visa stamped in the next one month. He previous 3 year term on the visa recently expired.

She has been given a court date and most likely will be convicted and assigned to short community service. It has been mentioned that if she has no re-arrest in the next 6 months, her case will be taken off the records.

She is in good academic, professional standing with impeccable record otherwise. This incident was just very unfortunate to have happened.

1- Will this pose a problem in her obtaining new visa? Should she fear visa rejection?

---- There will be some problems in obtaining a visa. Although the visa may not be rejected outright she will be subject to further scrutiny

2- Should she expect a background check? And associated delay?

---- Yes, there can be background checks and other delays that are rather unpredictable

3- Should she hire an immigration attorney? If yes, what role does the attorney play?

---- Yes, she should hire an immigration attorney who can help in answering the questions and also respond appropriately for legal matters

4- More importantly, it has been metioned that the likelihood of her records being "taken off" by the police/court in 6 months are high, if she continues to maintain good conduct.
Should she then wait 6 months to make a visit for visa stamping? If she waits 6 months, can she reply 'NO' to the question is she was every criminally prosecuted. Or does she have to reply 'YES" despite the fact that public records were erased?

---- Se has to mention YES, even though her public record has been erased. That shows that she is not hiding anything

5- What are the likely implications of this incident on her future? If the visa is rejection, does the employer company filing the visa, get to know the reason why it was rejected?

---- Every time she goes for a visa stampng there can be delays and in future all applications will be scrutinized, thus an immigration attorney can help in tiding over these situations

Subramanya