Criminal Law Shoplifting, Expungement, Diversion Programs

[JONGAR]

Hello I Have A Question I Have A Criminal Record And I Wanna Apply For Immigration Visa Do I Have To Apply For Waiver??
I Was Arressted 6 Month Ago For Shoplifting And I Did Diversion Program And Expungement.
Thanks In Advance For Those Who Will Advice.

 

[mafioso]

Are you out of the US?
What was the maximum possible jail time for your offense?
Do you have any other criminal records?
Where was the arrest?
If the arrest was in the US what was your visa type at the time of arrest?

 

[JONGAR]

Iam In Us Now On H1b Visa And I Need Renew My Visa For Same Employer.jail Time Was One Year Max. But I Didnot Go To Jail. No Other Records...arrest Was In Tn Fingerprinted And Realeased.. I Called For Phone Consult With Immigration Lawyer And He Said That I Have To Apply For Waiver. But I Was Reading In The Previous Postings And I Thought I Meet The Exception. Plz Advice Do I Apply For Waiver Or Consult Another Lawyer. Thanks Mafioso...

 

[mafioso]

Your offense meets the exception from your posting. You don't need a waiver. Waivers are needed only when you don't meet the exception. But if you are going to the consulate for a visa, have a copy of TN law on the maximum sentence. Let the consul know about your meeting the exception.............Sometimes some consuls can be biased due to the record and deny your visa........it rarely happens.Legally you should not be denied based on that since you qualify under the exception.......they can however come up with a different reason to deny you.

 

[JONGAR]

Thank You Very Much Mafioso...how To Find A Good Immigration Lawyer Expert In Criminal Immigration?

 

[mafioso]

Just use yellow pages.............there are many. You just have to call each and ask them about their profiles before deciding. Google criminal and immigration lawyers in your area. Use one who has practiced for atleast five years.

 

[JONGAR]

The Last Lawyer I Talked To He Gave Me Options:
1- Apply The H1b Visa And Mention The Details Of The Case In The Papers
2- Apply For Waiver And Wait For Approval And Then Apply H1 Renewal
3-apply H1b Renewal And Waiver At Same Time And He Prefers This Step.
Iam Confused ! Plz Advice.....................

 

[mafioso]

I don't understand why a lawyer would tell you need a waiver if your offense meets the exception. Just talk to another lawyer and get a second opinion. I beg to differ on the waiver story. I don't think you need one.

 

[JONGAR]

When I came to states I underwent Clearance at the embassy twice. First one lasted 3 weeks and 2nd one lasted for 3 month. My question is if I left states for vaccation back to my country will I have any problems when I enter states . Iam on H1b and I dont have to go to embassy.
Thx