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Previous Sholifting Feloney charges affects on H4/GC petition application H Visa

Discussion in 'Investment, Work Visa' started by michaeljade, Jun 28, 2011.

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  1. michaeljade

    michaeljade Law Topic Starter New Member

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    A year ago while I was on F1 visa & my wife on F2, she was arrested shoplifting, the case was settled in the court to a misdemeanor, and she is on probation for 36 months, I have following questions.

    1) Right now I am on OPT with valid EAD card, I got a job recently and my employer is applying H1 for me now , and in few months will apply for GC too, being on probation can my wife be included in the H4 application process now and GC process later.

    2) If my employer applies for my H1 only and it gets approved, will my wife be out of status??

    3) I heard that if we request the court for motion on her probation, it might get reduced, will it help in her H4 or GC process.

    Need suggestion on above, would highly appreciate the comments.
     
  2. disagreeable

    disagreeable Well-Known Member

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    She can be included, with a misdemeanor conviction. She needs to honestly disclose the issue. One act of moral turpitude at this level is not usually grounds for denial. You do not get to go back to the court after sentencing, to request a second bite of the apple.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    This topic is over two year sold an likely resolved by now one way or another
     
  4. Betty3

    Betty3 Super Moderator

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    shrinkmaster, the reason disagreeable answered this is that thelawprofessor is having old threads answered for reference & google purposes. thelawprofessor is also answering them.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    I know that now but did not at time
     
  6. Betty3

    Betty3 Super Moderator

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    Ok, wasn't sure you knew.
     

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