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Can pending misdemeanor class A charges (no conviction) result in denial of H1 or OPT on F1?

Raleigh, NC |
Attorney answers 4


A pending criminal matter is not the basis for denying a petition unless you have made an admission to facts that match all of the elements of the alleged crime or you are actually found guilty by a court.

You should contact an attorney immediately, as even misdemeanor crimes carry the potential of deportation (removal). A thorough analysis of the specific statute and any criminal proceedings you've gone through in the past is needed. Your criminal defense lawyer likely is not an expert in immigration law; most are not.

You need to alert your current immigration of these matters immediately. Forms you or an employer will submit to the government may require you to disclose charges and provide documentation about the charges. You can be denied for failure to provide this documentation even if you are not convicted; this would be considered a material misrepresentation.

Representing clients throughout the US and around the world: (513) 549-4420. We cannot provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us. Any information found here is general in nature and should not be relied upon in individual cases.

Carl Michael Shusterman

Carl Michael Shusterman


Good answer


I hope that you do not get convicted. This is a deportable crime.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


I agree with my colleagues. Once convicted and there is no pending appeal, you are subject to removal. Be certain your criminal attorney explains the immigration consequences of your case.. Good luck

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.


I agree with my colleagues. A pending criminal matter is not a basis for denial nor a basis for removal. However, if CIS learns of a pending criminal matter which is not likely, they will likely not make a decision until a decision is made on the criminal matter. You should retain could counsel for the criminal matter as the crime may render you removable from the United States.

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