QUESTION
What will happen if I am on L2 visa, charged with shoplifting 2c:20-11 B and now applying for H1B visa?
Asked on Mar 08th, 2013 on Immigration - New Jersey
More details to this question:
I am on L2 visa and charged with shoplifting 2c:20-11 B(1) in 12/27/2011. Next Day I paid my fine in municipal court and they amended my charged in 2c:33:2A (1). I received Certified Disposition from court on same day. Later I pay my civil penalty also. Now this year I want apply H1B visa so this case can create problem to approve my visa but after this case in March 2012, I got my L2 EAD work permit. Can I expect my H1B visa also be approved? What charged I fill in H1B form I mean shoplifting or amended 2c:33:2A (1) After pay my fine Is my case dismissed or pending and I am not sure what's on my record. If I got Certified Disposition letter then my case dismissed or for dismissed I have to follow other processor?
2 ANSWERS
Adebola O. Asekun
Any conviction for an alien either in immigrant [green card] or nonimmigrant status such as L1 or H1b is always a potential problem for the alien. In this instance, you were convicted since you paid a fine. And contrary to what you may think. the case was not dismissed. Without knowing more about the facts of your case. If the New Jersey offense of conviction is deemed a deportable offense by ICE, you may be subject to deportation in future. If this case occurred recently, you may be able to return to the court to re plead hopefully to a safe harbor plea, but certainly under NJ law, there is a statute of limitations after which, you can no longer do so. I therefore suggest that you consult with a crimimmigration lawyer to help you properly analyze the immigration consequences of what you pled to. Do not file any paper work with CIS before you speak to a lawyer.
Answered on Mar 15th, 2013 at 11:48 AM
3 Awards
You will want to see if the charge is "de minimus" or if the charge will have an impact on your immigration status. In some States, shoplifting charges may be problematic for non immigrant and green card status. Our office can do an analysis like this for you. We do it for our other clients.
Answered on Mar 11th, 2013 at 8:49 PM