Criminal Law Will a dismissed petty theft affect an H-1 renewal?

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willblast

New Member
Hi,

I just received an H-1B visa renewal approval notice
(the 2nd 3-year work visa) (Form I797) from the INS.
I am planning to visit a U.S. Embassy in Canada to
renew my visa stamp (currently F-1 visa stamped).
However, my concern is that about 5 years ago (1997),
I was in a diversion program for a petty theft. It's
extremely embarrassing and still a shame and a
disgrace to me. After performing a number of hours
community services, my case was officially "dismissed"
as stated on court paper under the diversion program
in CA. I'm terribly worried that this may affect my
chances to have my visa stamp renewed. How should I
respond when asked in the U.S. Embassy whether I have
committed or convicted of any crimes? I would deeply
appreciate it if someone could help on this matter.
Thank you very much in advance.

Bill
 
I'm sorry to hear about your incident. It is difficult for anyone to say that you should lie. You may wish to contact an immigration attorney for a consultation. Since 9/11 and the problems with the economy, the word about town is that immigration has become an increasingly difficult proposition even for those without any incidents but it is difficult to say what the potential repercussions may be without speaking to a specialist. I believe that there may be some that lurk here and should answer.

Originally posted by will_blast
I just received an H-1B visa renewal approval notice
(the 2nd 3-year work visa) (Form I797) from the INS.
I am planning to visit a U.S. Embassy in Canada to
renew my visa stamp (currently F-1 visa stamped).
However, my concern is that about 5 years ago (1997),
I was in a diversion program for a petty theft. It's
extremely embarrassing and still a shame and a
disgrace to me. After performing a number of hours
community services, my case was officially "dismissed"
as stated on court paper under the diversion program
in CA. I'm terribly worried that this may affect my
chances to have my visa stamp renewed. How should I
respond when asked in the U.S. Embassy whether I have
committed or convicted of any crimes? I would deeply
appreciate it if someone could help on this matter.
Thank you very much in advance.
 
Dear thelawprofessor,

Thank you very much for your reply. I think I'm going to consult an immigration attorney.
 
Did you get your H1-B renewed? Did it become an issue?

Also, I am assuming that you were commited of the crime
(misdemeanor?) in US or in another country? Also, have
you looked at expunging your record?


Originally posted by will_blast
Hi,

I just received an H-1B visa renewal approval notice
(the 2nd 3-year work visa) (Form I797) from the INS.
I am planning to visit a U.S. Embassy in Canada to
renew my visa stamp (currently F-1 visa stamped).
However, my concern is that about 5 years ago (1997),
I was in a diversion program for a petty theft. It's
extremely embarrassing and still a shame and a
disgrace to me. After performing a number of hours
community services, my case was officially "dismissed"
as stated on court paper under the diversion program
in CA. I'm terribly worried that this may affect my
chances to have my visa stamp renewed. How should I
respond when asked in the U.S. Embassy whether I have
committed or convicted of any crimes? I would deeply
appreciate it if someone could help on this matter.
Thank you very much in advance.

Bill
 
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