Imp. Q

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seekrohit

New Member
The scenario is like this:

Student completes masters engg. from US and gets a job --> applies for an H-1B through a big telecom company and gets it approved ---> wants to go back to india to get it stamped for the FIRST TIME. -- >> BUT BUT BUT during his stay in US he committed a misdemeanor class B for which he was NOT convicted but recieved a deferred adjudication (probation). The even was "Shoplifting". Is there a possibility that this may become an issue with the US consulate in US ?

plz for an answer from a person who really knows what he is talking about.

Thanx
 
Hello seekrohit,

I have a case closer to yours, it's misdemeanor with 6 months probation, but not shoplifting, DUI. What will happen is when you get to your consulate in India, they will do an administrative processing on you, they will take your fingerprints, and send them to FBI. The processing will take about 2 months (+- few weeks). If the consulate then decides that your crime is OK to give a visa to, you will be issued a visa. Usually misdemeanors don't stop you from a visa, especially if it's a one time deal.

Good luck.
 
DUISUCKS said:
Hello seekrohit,

I have a case closer to yours, it's misdemeanor with 6 months probation, but not shoplifting, DUI. What will happen is when you get to your consulate in India, they will do an administrative processing on you, they will take your fingerprints, and send them to FBI. The processing will take about 2 months (+- few weeks). If the consulate then decides that your crime is OK to give a visa to, you will be issued a visa. Usually misdemeanors don't stop you from a visa, especially if it's a one time deal.

Good luck.
Click to expand...

DUI is NOT shoplifting! They are obviously two separate crimes and they may have two entirely different consequences/results. Normal DUI is NOT a Crime Involving Moral Turpitude. However, shoplifting IS a Crime Involving Moral Turpitude [CIMT]. A singe CIMT renders the person inadmissible to the United States unless the CIMT falls under the petty crimes exception. If you have 2 CIMT's you have no chance without getting very complicated.

Whether this particular conviction falls under the petty crimes exception is too complex an analysis to undertake in this kind of forum. I wouldn't even try it without looking at the arrest and conviction records.
 
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