H1 Visa stamping with Summary offence charge in PA!

Raj_8five

New Member
Hello - I hope you are doing great. I need your help and consultation about my H1 Visa Stamping.

Actually I am currently in USA and planning to go to India for a visit and need to do VISA stamping. I had a Summary offense charge, non traffic citation under retail theft back in 2015 in state PA. Unfortunately I plead guilty because I was told that Judge may not able to remove or lower this charge as it is the least offence in PA and does not have any diversion program for this. In 2017, my employer applied H1 extension and I got the same till 2020. Please suggest me:

1- With valid approved Petition, does my VISA stamp has chance of rejection?

2- Does "Summary offence" charged person eligible for VISA?

4- Should I cancel my plan till 5 year until record get expunged?

Please advice. Thanks in advance.
 
You need to find what does PA state statute says about jail time for crime conviction. If it is less than 365 days, I believe you can take defense of petty crime exception. Expungement of records has no meaning for federal government, they would be able to see at it regardless of, it is only for private employers who pull background reports, they cannot see it when you expunge.
 
Thanks for your reply. it is 90 days and most least offence in PA..Does consulate need any specific document from my side? I am planning to get court certified copy. Please advice!
 
Police charging document & court case outcome disposition & if it falls under petty crime exception. You have your attorney draft saying a letter saying the same.
 
Hi Raj_8five

Just checking, did you travel to India and having any issue for Visa stamping ? or have any issue in port of entry during return to USA ?
I am in also same cituation and looking for answer. Just got arrasted for shoplifting and hire lawyer.
Hello - I hope you are doing great. I need your help and consultation about my H1 Visa Stamping.

Actually I am currently in USA and planning to go to India for a visit and need to do VISA stamping. I had a Summary offense charge, non traffic citation under retail theft back in 2015 in state PA. Unfortunately I plead guilty because I was told that Judge may not able to remove or lower this charge as it is the least offence in PA and does not have any diversion program for this. In 2017, my employer applied H1 extension and I got the same till 2020. Please suggest me:

1- With valid approved Petition, does my VISA stamp has chance of rejection?

2- Does "Summary offence" charged person eligible for VISA?

4- Should I cancel my plan till 5 year until record get expunged?

Please advice. Thanks in advance.
 
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