QUESTION
Caught for shoplifting when I’m on H1b and now I am applying for H1b visa.
Asked on Dec 28th, 2021 on Immigration - Arizona
More details to this question:
Hi I had stamped H1b in 2007 but never utilized and came to US in 2011 on business visa(B1) & caught shoplifting. I have an arrest record with original charges of shoplifting and got arrested and agreed that I made a mistake knowingly, so judge asked me pay $336 as fine. I did pay that amount and got the paper as well which says that case got closed, then I came back to India in 2011 itself. Now i am planning to apply for H1b, Do i need to mention about shoplifting case now as it was 10 years old? My Passport number got changed as previous one got expired. If i need to mention to USCIS then is there a chance my employer also get to know about this? Bcoz it will be a problematic if my employer get to know about this. What are the chances of getting visa ? I still feel sorry about what I have done :(. Thanks for all your suggestions.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The H-1B petition does not ask about criminal history, so I assume that H-1B petition approvability by USCIS will depend upon the position and your qualifications. However, the visa application form, DS-160, does ask about any criminal conduct. You should of course answer truthfully. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jan 16th, 2022 at 12:15 PM