I am on L1 visa ,I have shoplifting conviction (fined, and pleaded no contest), no term, no probation

Asked 6 months ago - San Francisco, CA

I am on L1 visa ,I have shoplifting conviction (fined, and pleaded no contest), no term, no probation.
I learnt it falls under Petty Offence Exception
To get Petty Offence Exception which option is less risky
1. Consulate Processing outside USA
OR
2.Applying extension within USA

Attorney answers (4)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Having your employer to apply for your extension of your L-1B visa within the US, but you wont' be able to "hide" forever.. Sooner or later you'll need or want to travel outside the country and will be compelled to apply for the consular visa "stamp". That will be when, upon filing the DS-160 you will need to disclose the arrest and conviction and will have to also provide a certified copy of the court's final disposition document of your case (but NOT the police report, unless specifically asked!) . In anticipation of that time, better hire a skilled immigration attorney to prepare a Memorandum of Law arguing that one petty theft conviction does not render you inadmissible to the U.S.. (Please be careful not to do it again..)

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Filing an extension is the better option. However you will need a visa if you have travel plans.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Nataliya I. Gavlin

    Contributor Level 8

    2

    Lawyers agree

    Answered . Probably applying for extension is better, but since it's case specific based on your facts and needs, contact an immigration attorney

    Gavlin & Associates, P.C. The statement above is general in nature and does not constitute legal advice, as not... more
  4. Jagbir Singh Terkiana

    Contributor Level 14

    2

    Lawyers agree

    Answered . Stamping in general are risky/and there always exists a chance of denial. Petty offence should not fatally impact the extension or visa stamping, as long as you have a final notice of disposition, and a brief/memo explaining the arrest and disposition favorably. Good luck.

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