Immigration and criminal record

Asked almost 2 years ago - Fort Worth, TX

i just now have a crimminal case for theft under 50. I have heard that it is a class C misdemeanor. I am trying to hire a lawyer to get this dismissed but I am wondering what is the best way to close this case assuming that I am not a citizen.

In fact, If I plea no guilty my trial won't start till after April 2013.... However , my company is planning on filing for my H1B this April 2013. This means on my criminal record the case will still be "open" with no disposition. My question is: would the fact that my case will still be open affect my H1B approval? whats is the best way to deal with this case in order for it not to impact my H1B approval in april 2013

Attorney answers (4)

  1. Cynthia Russell Henley

    Contributor Level 20

    9

    Lawyers agree

    Answered . Hire a lawyer!! Do not plead guilty. A lawyer can get the case settled for less than a conviction. That said, it will not be out of range for immigration to consider it, and you will have to report it. But, a dismissal is much better than a conviction!

    Cynthia Henley
    7132-222-1220

  2. Haroen Calehr

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . If the case is still open than its a pending case and your only charged. Theft is a crime involving moral turpitude. In Texas yes, its a Class C misdemeanor like a moving violation and you could simply pay a fine but it has far reaching consequences for immigration, not a good idea. Consult competent immigation counsel that can help you on your case before you do anything. The H-1B case can be applied. Don't travel outside the US untill this case is resolved. Call Paul Richardson, criminal defense attorney in your area he can help you and has recently handled a case like this for theft under $50 for another alien and done a very good job. Richardson Law Office 730 E. Park Blvd., Ste. 200 Plano, TX 75074 Tel:972-801~2S00.

  3. Justin Eric Elder

    Pro

    Contributor Level 16

    9

    Lawyers agree

    Answered . Please consult with an attorney who is licensed in Texas. A Texas attorney will be best placed to advise you on the particulars of Texas criminal law.

    This posting is for informational purposes only. It is not legal advice, nor does it establish an attorney-client... more
  4. Larry Dean Bloomquist

    Pro

    Contributor Level 9

    7

    Lawyers agree

    Answered . It is imperative you find an attorney that practices both criminal and immigration law. Making the wrong decision in your criminal case will certainly hurt your immigration status. Theft is a crime of moral turpitude, there is a petty offense exception, however granting of an H1B is discretionary, and the government could exclude you on that biases. Has a former prosecutor I can tell you that if you have a good attorney that can explain the immigration consequences to the prosecutor he or she may help you out and either dismiss the charges or change them to something with less impact. Good Luck.

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