Should I apply for a US visa while my case is getting dismissed? And what kind of visa is easier to get approved?
I am a Chinese citizen and was living in Los Angeles.
I got arrested last year in Nov for battling with the police officers and resisting an arrest. The whole situation was a misunderstanding.
I pleaded not guilty and my case will be dismissed in Feb 2020.
I came back to China early this year after the incidence.
I still have 2 and a half years left for my H1B and I still have the H1B cap.
I am planning on coming back to the US to work.
Here are my questions:
1. Should I wait until my case gets dismissed to apply for any type of visa to enter the US?
2. Ideally, I would want to apply for an H1B visa to enter the US. But before I start applying for jobs and get my H1B transferred, I would like to understand if my entering visa with H1B would have a high chance to get rejected. I don't want to risk my chance to locate a job and have my H1B transferred and then I would not be able to enter the US.
3. Will travel visa be easier to get approved than an H1B visa?
Thank you for your help.
1 attorney answer
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Generally, best would be to wait until the criminal case gets dismissed to apply for any type of visa to enter the US.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.