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Class C misdemeanor for Shoplifting and H1-B visa stamping

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  • Class C misdemeanor for Shoplifting and H1-B visa stamping

    Hello:

    Need your help. I am in the US (Texas) on a valid H1-B visa. I recently received a class C misdemeanor for shoplifting charges for < $50 (it was just some groceries and I forgot to pay while on the phone. Duh!) FYI, I had already bought Diapers (much more expensive item) and then realized I still needed to do groceries. Wasn't intentional at all but I forgot to pay. My fault.

    Anyways, the cop came to the store and gave me a Class C citation. No handcuffs. No fingerprints taken. Nothing. He just handed me a pink slip and that was it.

    My attorney told me the prosecutor will give us a choice for deferred disposition. There won't be an outright dismissal. Any thoughts on this option?

    Another question : I am planning to see my family later this year and will need to re-stamp my passport with H1-B. How will my H1-B visa situation get affected, especially if I go out of the US and come back? Would it pose any problems while re-entering the US? Also, when my visa expires and I try to get it renewed, would it pose any issues with USCIS as I'd need to fill out a form (I think it's DS160 or something like that) where one has to declare if they were arrested for anything.

    What are my options here and what is the risk that I am facing apart from financial charges/fines? And what's the way out?

    Thanks so much for your help. Really appreciate it.
    Ankush

  • #2
    You need to consult an immigration attorney. A regular lawyer who handles such cases will not be able to advise you on immigration implications of any admissions or pleas that you make. Each state has different legal processes and it is difficult to answer this.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by Brynt786 View Post
      Hello:

      Need your help. I am in the US (Texas) on a valid H1-B visa. I recently received a class C misdemeanor for shoplifting charges for < $50 (it was just some groceries and I forgot to pay while on the phone. Duh!) FYI, I had already bought Diapers (much more expensive item) and then realized I still needed to do groceries. Wasn't intentional at all but I forgot to pay. My fault.

      Anyways, the cop came to the store and gave me a Class C citation. No handcuffs. No fingerprints taken. Nothing. He just handed me a pink slip and that was it.

      My attorney told me the prosecutor will give us a choice for deferred disposition. There won't be an outright dismissal. Any thoughts on this option?

      Another question : I am planning to see my family later this year and will need to re-stamp my passport with H1-B. How will my H1-B visa situation get affected, especially if I go out of the US and come back? Would it pose any problems while re-entering the US? Also, when my visa expires and I try to get it renewed, would it pose any issues with USCIS as I'd need to fill out a form (I think it's DS160 or something like that) where one has to declare if they were arrested for anything.

      What are my options here and what is the risk that I am facing apart from financial charges/fines? And what's the way out?

      Thanks so much for your help. Really appreciate it.
      Ankush
      Ankush,,

      I am in similar boat.. please can you share your expirience. What happened to your VISA interview and port interview. You reply can really help me a lot thanks

      Comment

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