Skip to main content

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

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

Posted

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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.

Mark as helpful

3 lawyers agree

1 comment

Asker

Posted

Could you please suggest if i apply for extension is there any chance of success ? my job and life is at risk hence asking you again

Posted

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 all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

2 lawyers agree

Posted

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 not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

5 lawyers agree

1 comment

Asker

Posted

So you mean applying for extension has lesser risk ? does petty offence exception is considered in extension with higher chances ?

Posted

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.

Mark as helpful

2 lawyers agree

6 comments

Asker

Posted

So you mean applying for extension has lesser risk ? does petty offence exception is considered in extension with higher chances ?

Jagbir Singh Terkiana

Jagbir Singh Terkiana

Posted

Extension is always lesser risk in any given case, where there is an arrest or not.

Asker

Posted

Sir , Could you please suggest if i can apply for extension is there any chance of success ? my job and life is at risk hence asking you again

Jagbir Singh Terkiana

Jagbir Singh Terkiana

Posted

Yes you can apply for extension if you meet the requirements. Chances of success depends upon facts of the case, and cannot be predicted. From whatever facts you have provided, I have answered your questions. If you need case specific assistance/representation, let me know.

Asker

Posted

Sir, thank you for your reply. As i have stated requirement wise it is same as i had in original L1B application but this time i have hurdle of petty offence exception . I am worried if it will result in successful stamping or not because denial will lead to loss of job and i wont be able to afford that considering my situation . I will lose job in India as well because of this. hence i am seeking input , if you have seen any success in consulate processing for such case in India ?

Jagbir Singh Terkiana

Jagbir Singh Terkiana

Posted

No one can predict what will happen during interview. You can retain an attorney in answering that specific question, and appear at interview with a memorandum prepared by attorney, containing arguments in your support.

Immigration topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics