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H1b Visa Help H Visa

Discussion in 'Investment, Work Visa' started by SHAGLE, Apr 11, 2008.

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  1. SHAGLE

    SHAGLE Law Topic Starter New Member

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    My Wife Had An Expungement Order And Her Records Were Cleared She Had Fingerprint For 20$ Shoplifting Make Up. She Was Sentenced Of 11month Jail But She Did Probation For 1 Month And Her Records Were Expunged. She Need To Renew Her H1b Visa And Then We Will Apply For Gc. Plz Help How I We Need To Proceed And If Can Advice Us Of All Steps We Have To Do. Do We Need To Mention That In The Immigration Papers And Will It Affect The Pce And Duration Of Processing? Can You Handle Our Case ?
     
  2. someone25

    someone25 New Member

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    you should talk to an immigration lwayer because the jail time is more than 6 months which does not fall into the exception. You need to be really careful.
     
  3. SHAGLE

    SHAGLE Law Topic Starter New Member

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    I Don't Understand She Had An Expungement And I Thought It Should Be Less Than One Year And Its A Misedemanor Right.. We Did A Background Check And Nothing Came Back. Can You Please Reccomend An Expert Lowyer. Thanks For You Reply...plz Need More Advice
     
  4. SHAGLE

    SHAGLE Law Topic Starter New Member

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    Exception Is 6 Month Or Less Than One Year?
     
  5. mafioso

    mafioso New Member

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    Maximum possible jail time of up to a year. But if you did jail time, the time in jail should not exceed six months.
     
  6. mafioso

    mafioso New Member

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    What was she charged with.........your post is not clear?
    Does she have any other things on her criminal record?
    How long did she spend in jail?
    What was the maximum possible jail time for her offense?
     
  7. SHAGLE

    SHAGLE Law Topic Starter New Member

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    She Was Charged With Shoplifting Of Close To 20$ Make Up..it Was Her First Charge In Her Life ..she Has No Other Records Before...she Did Not Have Jail Time...the Deal Was That She Had 1 Month Probation And 10 Hr Community Service Instead And The Order Of Expungement Was Placed By The Judge On Same Day She Plead For Best Interest As The Lawyer Reccomended. Max. Jail Time Was Less Than One Year ..it Was 11 Month ..we Were Told That We Don't Have To Mention It In The Immigration Papers .. She Has To Apply To H1b Visa Renewal In 3 Month .plz Advice
     
  8. SHAGLE

    SHAGLE Law Topic Starter New Member

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    The Max. Jail Time Was 11month And 29 Days. She Did Not Go To Jail. She Had To Do 30 Days Probation And 10 Hr Commuinty Service.
     
  9. mafioso

    mafioso New Member

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    Her offense meets the petit crime exception so she would not face any immigration consequences. But she should be honest about it to immigration officers and on her forms........She should have all relevant court disposition papers with her if she travels out of the US on vacation. Immigration law is different from criminal law. You MUST admit to the incident to immigration even if it has been expunged. Most criminal lawyers and judges don't know immigration law and keep telling people they should not admit to the incident. Be honest about it to immigration.
     
  10. SHAGLE

    SHAGLE Law Topic Starter New Member

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    Thank You Mafioso. Can She Get Court Disposition Papers Even Her Case Was Expunged?
     
  11. mafioso

    mafioso New Member

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    It would be hard. She should contact her lawyer who represented her. Lawyers generally keep all the records for atleaast two years. But she can contact the county court clerk's office for more info on how to get all records if she does not have it.
     
  12. SHAGLE

    SHAGLE Law Topic Starter New Member

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    One Question Mafioso.......i Plan To Apply Gc Next Year Can She Get The Gc If I Get It? I Am Also On H1b .....
     
  13. SHAGLE

    SHAGLE Law Topic Starter New Member

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    My Lawyer Send Me A Letter That He Have Met With The Ciruit Court Clerk And She Told Him That No Documents Relating To My Wife Case Could Be Foundedd.she Told Him That All Papers Are Shredded. What I Can Do After That? Immigration Lawyer Aslo Is Asking For The Court Papers.
    Thanks
     
  14. mafioso

    mafioso New Member

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    Did you ask her lawyer who represented her? I don't know how else you could get the records if both sources don't have it. The clerk might have to issue a letter saying all the records were destroyed.
     
  15. SHAGLE

    SHAGLE Law Topic Starter New Member

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    HI AGAIN MAFIOSO .. I NEED YOUR HELP; AS YOU KNOW MY WIFE HAD LESS THAN ONE YEAR CRIMINAL CHARGE FOR SHOPLIFTING AND YOU SAID PREVIOUSLY THAT SHE SHOULD MEET THE PETIT CRIME EXCEPTION.
    I HIRED A LAWYER TO HANDLE THE CASE FOR US AND FOR H1B EXTENSION AND HIS REPLY IS THE FOLLOWING:

    the initial analysis of your situation is that we could file the H1B Extension and there is a chance the criminal charges will not show up in the US. However, there is a possibility it would be on the FBI records. If she leaves the US she will have to disclose the charges with the US Embassy when she goes for her visa and will have to file a waiver. She would have to remain outside the US until the waiver has been determined.

    MAFIOSO DOES THIS MEAN WE HAVE TO FILE A WAIVER?
     
  16. mafioso

    mafioso New Member

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    If here maximum potential jail time for the crime was not more than a year(and sentenced to less than six months in jail) then she does not need a waiver. The guy might just want to scare you to get a lawyer........... If you meet the petit crime exception you don't need a waiver!
     
  17. SHAGLE

    SHAGLE Law Topic Starter New Member

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    I have one question . My wife and I will be leaving to states for vacation and as you know she had the expungement and she meets the petit crime exception. We don't have the court papers as it was removed and destroyed.
    Can the arrest record show up on the entrance to states and what can we do at that time if showed up?
     

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