QUESTION
How will the shop lifting case affect my visa chances?
Asked on Oct 12th, 2013 on Immigration - Texas
More details to this question:
I was arrested in Indiana State for shop lifting more than a year ago. Fingerprints were taken. I did not plead guilty and the case was later dismissed citing 'no offense was in fact committed' and 'no probable cause'. The case was later expunged. I received my fingerprints that were taken during the arrest. I then applied for my H1B while in United States and got the petition approved. I am now planning to go to India to get my H1B visa stamp. How will the shop lifting case affect my visa chances? What can I do to make my case strong? Thank you for your help.
2 ANSWERS
Business/ Commercial Attorney serving Bellevue, WA
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Lana Kurilova Rich PLLC
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You should have the complete police and court record with charges dismissed. You should have a copy for the U.S. Embassy as well as another one with you when you cross the border into the U.S. With any sort of arrest, these days the border officers may pull you aside and ask you questions about that arrest. If you have your documents with you, that conversation may be shorter. Other than that, there should not be any reason for a problem with your visa, based on the facts as you describe them.
Answered on Oct 14th, 2013 at 2:04 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the arrest for shoplifting did not result in a conviction, as defined by immigration laws, it cannot be held against you. However, you should have on hand a certified copy of the arrest report as well as the court disposition, indicating that "no offense was in fact committed" and/or that the charges were dismissed, when you apply for your H-1B visa overseas.
Answered on Oct 14th, 2013 at 1:43 PM