QUESTION

Hello, I’m currently on F1 visa and I got caught in shoplifting case $120. Will this affect my H1b?

Asked on Aug 27th, 2022 on Immigration - Missouri
More details to this question:
I and my friends (2) got caught in shoplifting case. And it was $ 115. So will this affect during our H1b? We are still on F1 status.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
USCIS does not at this time request H-1B applicants to undergo fingerprinting or answer questions concerning crime on the petition forms and so there is a good chance that the shoplifting charge will have no effect upon your eligibility for the H-1B if you will be applying for a change of status. I note, however, that if you go outside the US for a visa from an American consular post, you will have to disclose whether you have ever been arrested and undergo fingerprinting. At such time, the shoplifting case may be a subject of discussion with the consular officer. Generally speaking, shoplifting such a small amount would not be a ground of inadmissibility, but note that all nonimmigrant visas have a measure of discretion in whether they are issued or not and consular officers have been known to delay adjudications for a long time where crimes are involved. 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 Sep 02nd, 2022 at 6:03 PM

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