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Applying for hob having Misdemeanor petty theft ?

Dublin, OH |

I was caught first time shop lifting in Georgia . I'm told I'll face yr of probation and 100 hrs of community server before they expunge it from public records . Can I file the Heb from a company ? What are the chances of getting Heb petition approved by luscious ? Or what the appropriate steps I need to take to get out of this ?

had typos: 1. its H1B not hob or Heb 2. its uscis not luscious

Attorney Answers 6


  1. thanks for clarifying the confusing terms. Your case sounds like a CIMT-Crime involving moral turpitude, i..e. a bad and deprived deed, i.e. theft. If you travel outside the US it could be a problem and make you inadmissible, ie not allowed to re-enter the US. Is the probation for 1 year? Try to get it under 1 year even if only 364 days. Consult a competent immigration attorney to carefully review the plea agreement.


  2. I agree with my colleague.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. If you are convicted as you described this is considered a crime involving moral turpitude and will impact your status in United States. You should work with a criminal defense lawyer and an immigration attorney to obtain a result in criminal proceedings that will not affect your immigration status.


  4. You should ensure that your petty theft cannot carry a year or more as a potential penalty as that becomes a deportable offense and you should review your conviction with an immigration lawyer before traveling abroad.


  5. I agree with my colleagues. You should consult an experienced immigration attorney for this matter. You may schedule a consultation with an immigration lawyer in your area, my firm is handling these matters in New York. If you would like free legal updates on these immigration issues you may sign up for our newsletter at http://www.shautsova.com .

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com


  6. Don't panic, but consult with a good immigration attorney immediately so that you know your risks and options. Depending on the statute you were convicted under, your problems may be relatively minor.

    You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.

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