Shoplifting, Larceny, Robbery, Theft H-1B visa but guilty of shoplifting in U.S.

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ammkh73

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Less than 3 years ago, I was arrested for shoplifting and was charged with a misdemeanor since the item was $75 in value. The charges were not dropped/dismissed/expunged and I had to plea as guilty since they had me on tape and there was no way out for me at the time. My lawyer told me that I should plea guilty to avoid deportation and receive only 1 day in jail and a minor fee. At the time, I was on a student visa (F-1) and I left the U.S. to avoid any further confrontations. Of course, I served my one day in jail and paid the court fees and the case was closed. I didn't leave without finishing this case. I also left with a thought in my mind that I will never return to the U.S. again, or at least, not any time soon.

Now, I am outside the U.S. and have been approved for an H-1B visa by a sponsoring company. This is a great job offer and I don't want to refuse it. When I say "approved", I mean accepted. The company filed the paperwork and the INS has approved the application and there are papers coming to me by mail to take to the U.S. embassy and receive my H-1B visa. This is all happening in the next 2 weeks.

How is the arrest and the shoplifting charges going to affect my application at the U.S. embassy/consulate? The INS has approved it, but what's going to happen to me at the embassy? Do I even need to tell them? Will they ask for it? If they do ask for it, what should I say and what are the chances that I will get the visa stamped?

To all of you who are going to reply, please do not hesitate to give me lengthy answers. I need as much information as I can about this.

Thanks.
 
From my understanding you do, under law, have to tell them. I can't tell you for certain whether anyone will discover this if you don't say anything. Now that it is after the fact and I'm sorry I didn't see this sooner, I hope that everything went well and that you have a happy story to tell us. Could you share with us the outcome... hopefully all good? :D

ammkh73 said:
Less than 3 years ago, I was arrested for shoplifting and was charged with a misdemeanor since the item was $75 in value. The charges were not dropped/dismissed/expunged and I had to plea as guilty since they had me on tape and there was no way out for me at the time. My lawyer told me that I should plea guilty to avoid deportation and receive only 1 day in jail and a minor fee. At the time, I was on a student visa (F-1) and I left the U.S. to avoid any further confrontations. Of course, I served my one day in jail and paid the court fees and the case was closed. I didn't leave without finishing this case. I also left with a thought in my mind that I will never return to the U.S. again, or at least, not any time soon.

Now, I am outside the U.S. and have been approved for an H-1B visa by a sponsoring company. This is a great job offer and I don't want to refuse it. When I say "approved", I mean accepted. The company filed the paperwork and the INS has approved the application and there are papers coming to me by mail to take to the U.S. embassy and receive my H-1B visa. This is all happening in the next 2 weeks.

How is the arrest and the shoplifting charges going to affect my application at the U.S. embassy/consulate? The INS has approved it, but what's going to happen to me at the embassy? Do I even need to tell them? Will they ask for it? If they do ask for it, what should I say and what are the chances that I will get the visa stamped?

To all of you who are going to reply, please do not hesitate to give me lengthy answers. I need as much information as I can about this.

Thanks.
 
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