Q: Shoplifting Misdemeanor
Hi - I am on my 3rd H1B Ext and up for renewal by end of this year and will be going through premium for my next H1B Ext. I have had this situation in Jan of this year which lead to a (shop lifting) misdemeanor ticket on me and had to attend the court. On the court day my lawyer went to the prosecutor and had a deal of dismissing (no guilt, no conviction) the misdemeanor if the same mistake is not repeated. So the misdemeanor case will be dismissed mid Sep of this year. My concern is that if its going to have any consequences for my next or future extensions. I thought of submitting the ext petition after my misdemeanor case is completely dismissed and closed in Sep but am worried if the new memo that would be implementing on Sep 11 would cause any issues. Would really appreciate your guidance on it.
Thanks
A:
I see this question was posted under both criminal law and immigration law. I am a criminal defense lawyer. This question is primarily an immigration law question. Hopefully you'll get an answer from and-or consult an immigration law attorney about it.
As a criminal defense lawyer, I do my best to study and be aware of immigration law issues my clients might face. I regularly represent non-citizen in criminal defense cases. Once a person has been charged with a crime,that becomes a historic fact and there is little we can do about it -- especially within the context of someone seeking to renew or upgrade their immigration status. The best we can try to do is to prevent a "conviction." Federal immigration courts can treat a guilty plea as a "conviction" even when the outcome was not considered a conviction under Minnesota law (e.g. Stay of Adjudication). Similarly, when I have a non-citizen client I am cautious about my client making any admissions on the court record, or to a "factual basis" implying guilt of an offense that could have immigration consequences. It sounds like your past that point (if not, contact me or another defense attorney right away). If so, be sure to consult an immigration law attorney about implications and tactics when renewing your visa.
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